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Res No 029-15-14368RESOLUTION NO.029-15-14368 A Resolution authorizing the City Manager to negotiate andto enter into an agreement with Leadex Corporation for VCT Vinyl Commercial Tile Floor at the Gibson-Bethel Community Center. WHEREAS,ParksandRecreation staff conductedan assessment atthe Community Centerand discovered thatthe existing tilefloorneedstobereplaced;and WHEREAS,thecity submitted anInvitationtoQuote (ITQ)#PR2015-01 onWednesday, January 21,2015 for "New 1st Level Flooring atthe Gibson-Bethel Community Center";and WHEREAS,thecity received four(4)submittals;Leadex Corporation wasthe lowest bidder and isin compliance with the terms of theITQ;and 5 ? WHEREAS,Leadex Corporation willbe responsible forthe removal and installation of new VCT vinyl commercial tilefloor,moisture testing and disposal of materials;the area tobe renovated will cover approximately 2,200SFand250LF of baseboard,includingtheentrancelobby,administrative office and adjacent meeting hallway. NOW,THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA THAT: Section 1.The City Manager isauthorizedto negotiate andto enter intoan agreement with Leadex CorporationforVCTVinylCommercialTileFloorattheGibson-Bethel Community Centerfor an amount notto exceed $6,975.Thetotal expenditure shallbe charged to supplies account number 001- 2020-572-5210,which hasa balance of $27,854.62beforethis request wasmade.Copies of allbackup documentation are attached. Section 2.Severability.If any section clause,sentence,or phrase of this resolution isfor any reasonheldinvalidor unconstitutional byacourt of competent jurisdiction,the holding shallnotaffect the validity of the remaining portions of this resolution. Section 3.Effective Date.Thisresolutionshallbecome effective immediately upon adoptionby vote of the City Commission. PASSED AND ENACTED this 3rd day of Marnh 2015. 1ST:APPROVED: RM: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Harris: Commissioner Edmond: Commissioner Liebman: Commissioner Welsh: 5-0 Yea Yea Yea Yea Yea CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM THE CITY OF PLEASANT LIVING To: From: Via: Date: Subject: Background: Vendors & Bid Amount: The Honorable Mayor &Members of the City Commission Steven Alexander,City Manager Quentin Pough,Director of Parks&Recreation March 3,2015 Agenda Item No.:.i A Resolution authorizing the City Manager to negotiate and to enter into an agreement withLeadex Corporation for VCT Vinyl CommercialTileFloor at the Gibson Bethel Community Center. TheCity desires toprocureand to install new tileflooron the firstlevelat the GibsonBethelCommunityCenter.Theexistingtileflooris twelve (12)yearsold, worn out,permanently stained and cracked in several areas. TheCity submitted anInvitationto Quote (ITQ)#PR2015-01on Wednesday, January 21,2015for "New 1st Level Flooring atthe Gibson Bethel Community Center."Four(4)submittals were received;Leadex Corporation was the lowest bidder and isin compliance with the terms of the ITQ. The area ofworkconsistsof approximately 2,200SFand250 LF of base board, including the entrance lobby,administrative officeand adjacent meeting hallway.Leadex Corporation will be responsible for the removal and installation of new VCT vinyl commercial tilefloor,moisture testing and disposal of materials.The work areas willbe staged to minimize disruptions and conducted during non-peak hours at the community center.This project is estimated to be completed within 15to20daysfrom the notice to proceed date. Please find below a breakdown ofall submitted proposals. Vendors Amount Leadex Corporation $6,975.00 Miami Remodeling $8,803.35 CIC Commercial Interiors Corp $9,159.00 Decon Environmental $11,260.00 I m ;•;CITY OF SOUTH MIAMI h4 ifWmAiirrii 0FF,CEOFTHECITYMANAGER5UUlf1W\lalTll INTER-OFFICE MEMORANDUM THE;OTY:OF PLEASANT LIVING FUND& Account:Amountnottoexceed $6,975.The total expenditure shall be charged to Supplies account number 001-2020-572-5210,which has a balance of $27,854.62 before this request was made. Attachments:Resolution forapproval Pre-Bid Conference Sign-In Sheet Bid Opening Report Proposal Summary Leadex Corporation Proposal SunBiz -LeadexCorporation Demand Star Results Account Budget Balance Date: ITQ Title: ITQ No,: Please Print <ae«rfe Name/Title 3 0Y J®*'Vn*^v 11 Sou#Miami Tl IEClfV Cir PLEASANT IjScINC : Pre-Bid Conference Sign-In Sheet January 29,2015 New 1st Floor at Gibson-Bethel Community Center PR2015-01 Company Name^ Q^ccon Enyi ft*»tn*tffa/ -$flYJ&Pc cor.<:*** <f5H ^Dr"^<^^/CM(j[>3v5 ***1*74 .f&A*k<r*-i£*9f*<?**f**** X:\Purchasing\Templates\Pre Bid Meeting\Pre-Bid Meeting Sign-In Sheetdoc BID OPENING REPORT Bids were openedon:after:10:00amFebruary4.2015 For:im#PR301I5^1..-New 1*LeMMoOf M^son^eflketCoininuBity Center COMPANIES THAT SUBMITTED PROPOSALS: 1.CIC COMMERCIAL INTERIOR CONTRACTORS 2.DECON ENVIRONMENTAL &ENGINEERING,INC 3.LEADEX CORPORATION 4.MIAMI REMODELING AND ADDITIONS,INC. AMOUNT? (OPTION 11 AMOUNT: {OPTION 2) THE ABOVE BIDS HAVE NOT BEEN CHECKED, THE BIDS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED. City Gfcrfe Witness; Witness: Print Name v5l$lfr i&h&Jfj Print Name Signature ITQPR2014-15 New Flooring Gibson Community Center NOTE:RESULTS ARE NOT FINAL UNTIL AN AWARD RECOMMENDTION BY THE CITY MANAGER Bidder Bid Package (10rg;2 Copies;1 Digital) Bid Form NonColl. Affidavit Public Entity Crimes and Conflicts of Interest Drug free Workplace OSHA Stds Related Party (1)Proof of Ins Signed. Contract with Original Sun Biz. CIC Commercial Interior X X X X X X X X X X Decon Environmental X X X X X X X X N/A X Leadex X X X X X X X X X X Miami Remodeling X X N/A N/A N/A N/A N/A X N/A X (1)Condition of Award Bid Summary:ITQ #PR2015-01 RESPONDENT OPTION #1 RANK Leadex Corp $6,975.00 1 Miami Remodeling $8,803.35 2 CIC $9,159.00 3 Decon Env.$11,260.00 4 RESPONDENT OPTION #2 RANK Decon Env.$12,620.00 1 Miami Remodeling $13,420.00 2 CIC $14,659.00 3 Leadex Corp $19,720.00 4 tt South%iiami rt*pf*t.»M%i**it\x* SUBMITTED TO:CityClerk NAME: ADDRESS: (3TV/5TATEJ PHONE:______ MANDATORY PftE-QUOTEMEETINGt qUOTE SUBMISSION REQUIREMENTS: Quotes submitted after IP AM on theduedate will notbeacceptedunlessotherwisespecifiedinthe quote document ofatime change.All quotes will be submitted tothe City Clerks Office In aseajedenvelope.The label on the on the envelope needs toreadasfollows: aty of South Miami Maria M.jMenender,CMC 6130 Sunset Drive South Miami,a 33143 Project Name:flew lit L^vel Floora the GibsonBethel Community Center Must Inputprojectname.If labeldoesnothave ail Information aboveyourquote willnotbeaccepted. INSURANCE REQUIREMENTS : The CJTYS Insurance requirementsareattached {Exhibit1J.Asaconditionof award,theawardedvendormustprovide a certificateofinsurancenamingthe city asadditionalinsured. Maria Menendei,CMC 6130 Sunset Drive Miami)Florida 33134 .305-6.63-6339 crrv of south mm\ INVITATIONTO QUOTt ITQ#PR2015-01 LUMPSUM PROPOSAL Thursday,January 29,2015 at10AM PROJECT: ADDRESS*. CITY/STATE: ISSUE DATE: E-MAIL: DUE DATE: New1st Level Floor at the Gibson-Bethel Comrtjimfty Center 5800 SW 65 Street South Miami*#33143 Wednesday,February^201S at 10AM AFFIDAVITS REQUIRED WITH SUBMITTAL:(Exhibit*! Respondents must complete and submit with your quote-affidavits provided In Exhibit 2. QUESTIONS: AnyRequestsfor additional information orquestionsmustbein writing,emailedby10AM local time oo Monday,February 2,2015 tothe attantlon ofMr.Steven Kuitek,Purchasing Manager atsWlckdPsouthmlamifi.gov* SCOPE OFWORK DESCRIPTION fTO BECOMPLETED BV.ClTYh REFER TO "SCOPE OFSeRVICES/COPYATTACHED ft)Bids will only be acc&ptad that Induds quotationsduring regular worklrtg hours, DESCRIPTIONOF WORK TOBE PERFORMEO BY CONTRACTOR: Item Number Item Description JRqfer to "Scone ofServices.6 Cow Attgcheij Option#1:NewVCTCommercialTile/Floor Option #2:NewLaminate Flortng Respondents must quote Option 40.and-Option 32. <&ritr|fffii|^ jcgmpffisifted -aaaSttling tothe qup^submlttecl Contractor Is ff^gj^jc tosecuregllflermjteand shouldbereflected In.thg Ujn#Srirn\qu3te..^-^jiiqf^qr w^-c^bo«s;te submit a qu<>te oncompany;letterhead but must beattached tothlsform. M^nd^tory Pre>QUrjtg Meting b^Edule^Ja^iraTV 2^201S at 1Q AMatthe Gibson-Bethel Community Center,. S80O SW66 Sti^t,SouthMiami,r^33143.Deadlineto stA^m^^ Print/typeName:'.",^&±&ffi^S*f^&M'fC.<T«tf. IC^S&^ Phone: bate: Unit |Qty LUMP SUM TOTAL LUMP SUM TOTAL Amount "aCrt-f*«*!* f%n*Q^ E*m«n: Firm Name; Mtirof: •ifr^.ftl &&ZJ-&P*.r,#?^,f "^^8jBWfil;^j^/L* :^a_.£_.'^'tz&MU**-n/j'j-.. ,w-P»*i fEMMoC &£T 0/70 *}S-0 THE EXECUTIONOFTHS.FOHM CONSTITUTESTHEUNEQUIVOCALOFFEROFPROPOSERTOBEBOUNDBVTHETERMS OF ITS PROPOSAL FAOJURE TO SI8N THISSOUOTATiON WHEREINDICATEDABOVEBYANAUTHORIZED RH"fl£SEHTAriVESHAU BENDER THEPflOPOWLMON-RESPONSlVE-THECtTYMAY,HOWEVER,|N KS SOLEDISCRETION,ACCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTEO DOCUMENT WHICH UNEQUIVOCALLY BINDS THEPROPOSERTO THETERMS Of ITS OFFe*THE CrTY*M BESTTO SERVE THE CmrHNTE«eST. 1 THE CtTYCf PLFASANT UVJNG ADDENDUM No.#1 Project Name:New I"Level Flooratthe Gibson-Bethel Community Center ITQ NO.PR20I5-01 Date:January 30,2015 Sent:Fax/E-mail/webpage This addendum submission is issued to clarify,supplemerit and/or modify the previously issued Solicitation,andis hereby made partofthe Documents.All requirements ofthe Documents not modified hereinshallremainin full forceandeffectas originally setforth.It shallbethesole responsibility ofthebiddertosecure Addendums that may beissuedfora specific solicitation. Question #h Wlil the contractor be responsible to remove existing equipment and furniture items from the project area? Answer to Question #1: No,thecontractor is not responsible toremove exiting equipmentandfurniturefromtheproject area; the Cityis responsible forthis activity. Question #2: DoestheCitypreferasolidormulticolorpatternfortheVCT flooring option? Answer to Question #2: Contractors should quote solid color VCT flooring patterns*TheCitywill choose specific floorcolors afteracontractorhasbeen awarded this project. Question #3: Will the contractor beresponsibleforconductinga moisture test of the floorareas prior to installation? Page1 of3 Answer to Question #3: Yes,the contractor is responsibleforperformingamoisture test ofthefloorareasandshouldbe included in the respondents "Lump Sum"quote. Question #fe The Scope of Services states:"All work shall be performed during Regular WorkingHours,7 AM to 5 PM,Monday -Friday/*Is there any flexibility with the work schedule? Answer to Question #4: Yes,the Citywill work with the awarded contractor regardingthe work schedule.TheCommunity Center scheduleandeventsvaries,butasarule,activity is heavyafter4PMduring Monday-Friday. Theworkareaswillbestaged to minimizedisruptions.Anydeviations to the work schedulemustbe approvedbythe City's Project Manager. Question #5 Will the Cky providea location forthe placement ofadumpsterfortrashanddebrisrelatedtothis project? Answer to Question #S: Yes,theCity'sProject Manager will coordinatewiththe contractor thelocationofthedumpsteron theCommunityCenter'sproperty.Thecostforthedumpsteristhe responsibility ofthe contractor andshouldbe included intherespondents"LumpSum"quote. _^__doiL__: Should proposals include thereplacementand installation of vinyl baseboardsforboth "Option #1"and "Option #2?" Answer to Question #6: Yes,respondentsshould include thereplacementand installation of vinyl baseboardsforboth"Option #1*and "Option #2?" Question #7: Canyou please verify the rooms thataregettingnew flooring duetoa discrepancy inthewrittenscope of work it is estimated 2,200 square feet,but measuring onsite yesterday it was determined tobe 1,760 squarefeet.Should we base the bid onour measurements or yours? Answer to Question #7: The measurements provided is the Scope of Services are estimates and should be used for planning purposesonlyanddoesnotreflecta firm commitment.TheContractorisresponsiblefortheirown measurements. Page2 of3 Question #8: There seemed tobearoom in question (theroomthe meeting was held in)during the Pre-bid meeting.Please clarify. Answer to Questlon#8: The Pre-bid meeting was held in theArts&Crafts room which is exdiided from the Scope of Services and should notbe included ina respondents "Lump Sum"proposal* Question #9: Arefloor plans available fortheareas described inthe Scope of Services? Answer to Question #9: Yes attached to Addendum No.I,is a floor plan of the first (I*)floor ofthe Gibson-Bethel Community Center. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. Page3 of 3 IrtTtemlMr-T*:.!.1. i y if ill 8•«ii 11«illSiii8?II i 1 I P 01 I Ilil "1 H a t-A /*•'•"a-jwi-ll ta * ao«M uA__•at*ut>i<U}4.«»»*._««»o .__. r^^^Sr^—""»-^~;T«i S1N3WTI30Q NQ11.0n8 ISNOQ *Gl Scope of Services New I*Level Flooring at GB Community Center "Lump Slim Proposal" Invitation to Quote -ITQ #PR2015-01 TheCityof South Miami,Parks and Recreation Departmentis seeking quotations from experienced and capable;parties to remove existing VCT tile/floor on the I*floor of the GibsoivBethel Community Renter,located at 5800 Southwest 66th Street,South Miami,FL 33143 and to install repkc^ent flooring as listed under "Option #1"of "Option #2 below. The City intend*to sefett a single Contractor to perform thework specified in either Option #1 or Option #i The areaofworkconsistsofapproximately2,200 SF and250 LF of base board including,the entrance hall/lobby hallway*meeting hallway,and administrative office.AH office furniture and fixturesshallbe removed andreinstalledbytheCityofSouth Miami. The work performed by the Respondent will consist of furnishing all labor (including subcontractors),machinery,tools,meansoftransportation,supplies,equipment,materials, permits,disposal of materials andservicesnecessarytoperform the following Work andshould bereflectedin Respondents LumpSumQuote.Permitfeesare waived for permits issuedby the City erf South Miami Permitfeesfrom other governmententities,ifrequired,shallbethe reasonabilityof the Respondent however,in all cases;itis the responsibility;of Respondents to secure any and all permits that may be required for this project All work shall beperformedduring Regular WorkingHours,7 AMjto 5 PM,Monday -Friday. Note:Respondents niust provideaseparate "Lump Sum"quote for"Option #/"and "Option #2/'Tile City will award the project to asingle contractor to complete the work and will select either Option #f or Option #2*solely at the City's discretion. Option #1: New VCT VinylCommercial Tile/Floor:Respondent is responsible for removing VCTand vinyl baseboard,leveling floorasneededand installing new VCT and4"vinyl base board.Contractor shallprovide 12 X 12 tiles,manufacturer:Armstrong,or "Equal To." Option #2 New Laminate Flooring:Respondent is responsible for removing existing VCT and vinyl baseboards,and installing,leveling as needed,arid painting new laminate flooring and wood base.Laminate must be rated AC4 or higher,see below: Abrasion Class (AC)ratings: In addition,laminate is given anACrating(see below)to measure resistance to moisture,burns,abrasions,impact and stains.TheAC determines whether the product issuitableforaparticularresidential or commercial application. ABRASION CLASS (AC)RATINGS AG I -Moderate Residential:Suits lighttraffic areas such as bedrooms and closets AC2 ».General Residential:Suits;medium trafficareassuch as living rooms and dining rooms AC3 -HeavyResidential/ModerateCommercial:Suits all rooms ina homeandlighttrafficcommercial spaces *AC4-General Commercial:Suits all rooms in a home and medium traffic commercial spaces ACS -Heavy Commercial:Suits high traffic commercial spaces suchas department stores *AC4 isthe City's minimumrequirement The City reserves the right to award the Project to the person with thelowest,most responsive,responsibleProposal,as determined by the City,subjectto the rightoftheCity,or the CityCommission,to reject anyand all proposals,and the rightof the City to waive any irregularity in the Proposals or procedure and subject alsotothe right ofthe City to award the Project,and execute a contract withaRespondentorRespondents,other thantotheonewho providedthe lowest ProposalPrice. EXHIBIT 2 AFFIDAVITS AND FORMS SUBMISSION REQUIREMENTS 1.Respondent's Sworn Statement Under Section 2$7.133(3)(A),Florida Statutes,on Attachment #1 "PublicEntity Crimes andConflicts of interest Affidavit/' shall be completed and provided with the proposal submittal. 2.Neitherthe individual(s)/firm,noranyof his/her/its employees shall bepermitted to represent any client before the Commission or any Committee,department or agency of theCity;and shall agree notto undertake any other private representation which might createa conflict of interest with the City.The indfvfdiial(s)/firm may not represent any Commission member,individually,or,any memberof their family orany business in which thfc Commission memberoftheir family has an interest 3.All proposalsreceived will beconsidered public records.TheCity will consider all quotations using suchcriteriaasthe Commission or City Manager mayadoptat either of their sole discretion.The individual(s)/firm selected will be required to enter intoa formalagreementwiththeCity in a form satisfactoryto the City,prior to theexecutionofwhichthe Chy shallreserveallrights,Including the rightto change its selection; 4.Respondent's Attachment #2"DrugFree Workplace"form shall be completedandprovidedwiththeproposalsubmittal. 5.Respondent's Attachment #3 "No Conflict of Interest/Non Collusion Affidavit/'shallbecompletedandprovidedwiththeproposalsubmittal. 6.Respondent's Attachment #4 "Acknowledgement and Conformance with OSHA Standards/'shall be completed and provided withthe proposal submittal 7.Respondent's Attachment #5 "Related Party Transactipn Verification Form**shall becompletedand provided withtheproposal submittal. Page!of 10 CONTRACT FOR NEW TILEFLOORAT GIBSON BETHEL COMMUNITY CENTER THIS CONTRACT,entered into this fd%*N of PlOAcli 20 fS\by the CITY OF SOUTH MIAMI throughitsManager,bothofwhomshallbehereinafterreferredtoasthe "CITY"where applicable;locatedat6130Sunset Drive,South Miami,FL,E-mail:salexander@southmiamifl.gov and Leadex Corporationwithanofficeand principal placeofbusinesslocatedat2601SW69Court,Miami. Florida 33155 (hereinafter calledthe "CONTRACTOR"). WITNESSETH: WHEREAS,the CITY isinneedof New 1st Level Floor attheGibsonBethelCommunityCenter: and WHEREAS,the CITY desires to retain the CONTRACTOR to provide the required good and/or services based on the CONTRACTOR'S representations thatit is qualified and capable of providing said goods and/or services in a professional and timely manner and in accordance with the CITY's goals and requirements;and WHEREAS,the CONTRACTOR has agreed to provide the required goods and/or services in accordance with the terms and conditions set forth herein. NOW,THEREFORE,in consideration ofthe mutual covenants and agreements herein contained, the parties agree as follows: 1)Engagement Of Contractor:Based onthe representations ofthe CONTRACTOR assetoutin the following "checked"documents the CITY hereby retains the CONTRACTOR to provide the goods and/or services set forth in said proposal,quote or response to solicitation,whichever is applicable,as modified by the Contract Documents defined below (all of which is hereinafter referred toasthe Work"). (Check the box immediately preceding the document described below to indicate that such document is part ofthis contract) 0 Contractor's response tothe CITY's written solicitation;or d Contractor's proposalorquote,orifnone, dAs described in paragraph 2below. 2)Contract Documents:The Contract Documents shall include this Contract and the following "checked documents",as well as any attachments or exhibits that are made a part of any of the "checked documents". {Check the box immediately preceding the document described below to indicate that such document is part of this contract) d General ConditionstoContract, d Supplementary Conditions, a "Other Documents"referring to in this contract and signed by the parties, 0 Solicitation documents ("hereinafter referred to as "Bid Documents"including anyrequestfor bid,requestfor proposal or similar request) j£.Scopeof Services, 0 Contractor's response tothe CITY's Bid Documents, 0 Contractor's proposal orquote, 0 CITY's Insurance &Indemnification Requirements, d Payment Bond, a Performance Bond, This Contract and the General Conditions to Contract,Supplementary Conditions,the Solicitation,Scope of Services and "Other Documents",if any are "checked documents",shall take precedent over the response tothe CITY's Bid Documents,the proposal orthe quote,if any.The "checked documents"are attachedheretoandmadeaparthereof by reference. 3)Date of Commencement:The CONTRACTOR shall commence the performance of the Work under this Contract on March 23,2015,(hereinafter referred to as the "Work Commencement Date"), and shall complete the performance hereunder within NA days or the length of time set forth in the Contract Documents,whichever is the shorter period of time.Time is ofthe essence. Page -1 -of 3 Thomas F.Pepe 11/06/14 __^_S__S£=S S J™?7 C°ntaCt mformati°n *as follows:Name:Frank Fonsemr e-mail-frank^leadexcorprom;Street Address:2601 SW69 C,un m,_,p»„-.,^°'ma'L "checkedLclPeent°s-SerViCeS:^^"^*"*«t0 be <-Vided -»«t forth in the 13)Jury Trial Waiver:The parties waive their right to jury trial entire agreement £T_?Modification,™*Non-waiver:The Contract Documents constitute the DnI !1 P Sand suPersedes a"Y Pnor agreements,written or oral The ContractDocumentsmaynotbemodifiedoramendedexceptinwriting,signed by both parties hereto ThPContractDocuments,in general,and this paragraph,in particular"shall not be modi id ^amended b S___S_£f=--=ssa= public ^^7T0^£!m aHd a"°f ?»*»*^»*«quired to comply with the CONTRACTOR Zl h I Pr0V'dmg g°°dS and/0r Services on behalf of the CITY and theCONTRACTOR,under such cond.t.ons,shall incorporate this paragraph in all of its subcontracts for this tn thk rl6!BatCkgr°"nd ^eening.All personnel and volunteers that will provide any service pursuant tA^or its Agency s related activity must be in compliance with Level II Background Screening and the scheduled start of any employee or volunteer.CONTRACTOR shall prevent any and all of its ThomasF.Pepe 11/06/14 personnel,including volunteers,from engaging inany related activities without having passed a background screening to the satisfaction of the City. 17)DrugFree Workplace.The CONTRACTOR shall comply with the DrugFree Workplace policy set forth in the Cityof South Miami's Personnel Manual whichis made a part of this Contract by reference. 18)TRANSFERAND ASSIGNMENT.None of the work or services under this contract shall be subcontracted or assigned without prior written consent from the SMCRA which may be denied without cause. 19)NOTICES.All notices given or required under this contract shall be deemed sufficient if sent bya method that provides written evidence of delivery,including e-mail and facsimile transmission and delivered to the CONTRACTOR or his designated contact person.Return of mail,sent to the address contained herein for the parties or their contact persons,as not deliverable or for failure to claim the mail shall be deemed received on the date that the mail is returned to sender. IN WITNESS WHEREOF,the parties,have executed this Contract,on or before the date first above written,withfull knowledge ofits content and significance and intending to belegally bound by the terms hereof. [Leadex Corporation] Witness^ By: Thomas F.Pepe 11/06/14 Han<r</FonseccL-President [rjame of signatory] By: Page -3-of3 CITY 0£SOUTH MIAMI xander anager Attachment #1 Public Entity Crimes and Conflicts of Interest Pursuanttotheprovisionsof Paragraph (2)(a)ofSection 287.133,FloridaStateStatutes -"A person or affiliate whohasbeenplacedon the convicted vendor listfollowingaconvictionfora publicentitycrimemay not submita Bid ona Contract toprovideanygoods or servicestoa public entity,may not submita Bid ona Contract with apublic entity forthe construction or repair ofapublic building or publicwork,maynotsubmitbidson leases ofreal property toa publicentity,may not beawardedtoperformworkasa Contractor,supplier,Subcontractor, or Consultantundera Contract withany public entity,andmay not transact business with any public entityinexcessofthethreshold amount CategoryTwobf Section 287.017,Florida Statutes,forthirty six (36)monthsfromthedateofbeing placed on the convicted vendor list". The award ofany contract hereunder is subject to the provisionsof Chapter 112,FloridaState Statutes.BIDDERS must disclose with their Bids,the name ofany officer,director,partner, associate or agentwhoisalsoanofficer or employeeoftheCityofSouth Miami orits agencies, SWORN STATEMENT PURSUANT TO SECTION 287.(33 (3)(a), FLORIDA STATUTES.ON PUBLIC ENTITY GRIMES THISFORMMUSTBE SIGNED AND SWORN TO INTHE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. I.This sworn statement Is submitted to.,4i^«£>-T*^H M.tyfr*i^ [printnameof the publicentity] by /")?/>vC J £<s~>is?c ~y?.£,..8!.....__ [print individual's nameandtitle] for Lt A:J>£^^mjf9^^' [printnameofentity submitting swornstatement] whose business addressis :o<^6,/3~W 6 6 ct .,:, and (if applicable)its Federal Employer Identification Number (FEIN)is \&&&/:7-&-^£r;0. (if the entity has no FEIN,include the Social Security Number ofthe individual signing this sworn statement uf 2.I understand thata "public entity crime*'as defined in Paragraph 287J33 (l)(g),Rorida Statutes,means a violation ofanystate or federal lawbyapersonwithrespecttoand directlyrelatedtothe transaction of business withany public entityorwithan agency or political subdivision ofany other state or of theUnitedStates,including,butnot limited to,any bidorcontractforgoodsor services to be provided toany public entity or anagency or politicalsubdivisionofany other state or of the UnitedStatesand involving antitrust fraud,theft,bribery,collusion,racketeering,conspiracy,or material misrepresentation. 3.I understand that "convicted'*or "conviction"as defined in Paragraph 287.133 (I)(b), Florida Statutes,means a finding of guilt ora conviction ofa public entity crime,with or Page2 of10 without an adjudication of guilt,in any federal orstate trial courtofrecord relating to charges brought by Indictment or Information after July I,1989,asa result ofa jury verdici non-jury trial,or entry ofa plea of guilty or nolo contender. 4.1 understand that an "affiliate"as defined in Paragraph 287.133 (l;)(a),Florida Statutes, means: (a)Apredecessororsuccessorofapersonconvicted of a public entity crime;or (b)Anentityunderthe control of any natural person who isactiveinthe manajgement oftheentity arid who has been convicted ofa public entity crime.The term "affiliate"includes those officers,directors,executives,{partners*shareholders, employees,members,and agents whoare active inthe management of an affiliate.The ownershipby one personof shares constitutinga controlling interest inanyperson,ora pooling of equipment or income among personswhen not for fair market valueunder anarm'slengthagreement,shall bea prima facie casethatonepersoncontrolsanother person.A person who knowingly enters intoa joint venture withapersonwhohas beenconvictedofa public entity crime in Florida during the preceding 36months shall be considered anaffiliate. 5.I understand that a "person"asdefinedin Paragraph 287.133 (l)(e),Florida Statutes, meansanynatural person orentityorganizedunder the lawsof any state orofthe UnitedStateswiththe legal power to enterintoabindingcontractand which bidsor applies to bidoncontractsfortheprovisionofgoodsor services!led bya public entity, orwhich otherwise transactsor applies to transact businesswitha public entity,The term "person"includes those officers,directors,executives,partners,shareholders, employees,members,andagents who areactivein management of an entity. 6.Based on information and belief,the statement which I have marked below is true in relation tothe entity submitting thissworn statement [Indicate which statement __Vl„.,Neither the entity submitting thisswornstatement,nor any of its officers, directors,executives,partners*shareholders*employees,members*or agentswhoare activeinthe management oftheentity,norany affiliate of the entity hasbeencharged withandconvictedofa public entitycrimesubsequent to July I,1989. The entity submittingthis sworn statement,or one or more of itsofficers, directors,executives,:partners,shareholders,employees,members,or agents who are active inthe management oftheentity,oran affiliate oftheentityhasbeen charged with and convicted oif a public entity crime subsequent to July I,1989. ^The entity submittingthis sworn statement,oroneor more ofits officers, directors,executives,partners,shareholders,employees,members,or agents who are active inthe management ofthe entity,oran affiliate oftheentity has been charged with and convicted ofa public entity crime subsequent of July 1,1989.However,therehas beenasubsequent proceeding beforea Hearing OfficeroftheStateof Florida,Division of Administrative Hearings arid the Final Order entered bythe Hearing Officer determinedthatitwasnotinthe public interestto place theentity submitting this sworn statement on the convictedvendor list {attach acopy of the final orderJ Page3 of 10 Continuation ofAttachment #2 Publk Entity Crimes and Conflicts I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FORTHE 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 INTOA CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017,FLORIDA STATUTES.FOR CATEGORY TV?0 OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Sworn to and subscribed before me this 2>day of 1P_> ^Personally known or Produced identification Notary Public -State of f^fOfUQI^ My commission expires ^iM (Typeof identification) (Printed,typedorstampedcommissioned n; Form PUR 7068<Rev.06/N/92) Page4 of 10 .20 15 Attachment #2 "Drug Free Workplace^ Whenevertwo or more Bids which are equal with respect to price,quality and service are received bythe State orby any political subdivisions for the procurement of commodities or contractual services,a Bid received from a business that certifies thatfthasimplementeda drug-free workplace program shall be given preference in the award process.Established procedures for processing tie Bids will be followed ifnoneofthetiedvendors have a drug-free workplace program.In orderto have a drug-free workplace program,a business shall: 1.Publish a statement notifying employees:thatthe unlawful manufacture,distribution, dispensing,possession,oruseofa controlled substance is prohibited inthe workplace and specifying the actions that will betaken against employeesfor violations ofsuch prohibition. 2.Inform employeesaboutthe dangers of drug abuse in the workplace,the business' policy of maintaining adrug-freeworkplace,any available drug counseling,rehabilitation, andemployee assistance programs,and the penalties thatmaybe imposed upon employees fordrugabuseviolations. 3.Giveeachemployee engaged in providing thecommodities or contractual services that areunder Bid acopyofthe statement specified inSubsection(I). 4>In the statement specified in Subsection (I),notifythe employees,that,asa condition of working ori thecommoditiesor contractual servicesthatarewider Bid,theemployee will abideby the terms of thestatementand will notifytheemployer of any conviction of,or pleaof guilty ornolo contender to,anyviolationofChapter893orofany controlledsubstance law oftheUnitedStatesoranystate,fora violation occurringin theworkplacenolaterthan five (5)days after such conviction. 5.Impose a sanction on,or require the satisfactory participation ina drug abuse assistance or rehabilitation program,ifsuchis available intheemployee'scommunity,byany employee who issoconvicted. 6.Make a good faith effort to continueto maintain a drug-free workplacethrough implementation of this section. Asthepersonauthorized to sign thestatement,Icertifythatthis firm complies fully withthe above requirements. PROPOSER'S Signature; Print Name:^•f f"J[^.^fe,cc,^;)vr-J Date:%J:3 //./ Page 5 of10 ATTACHMENT*©"NO CONFLICT OF INTEREST/NON COLLUSION AFFIDAVIT" Submitted this ^day of =V 77ie undersigned,as Bidder/Proposer,declares thattheonly persons interested in-this RFP arenamed herein;thatno other person has anyinterestin this RFP orin tfie Contract to which this RFP pertains; that this response ismadewithoutconnectionor arrangement with anyother person;andthatthis responseisineveryrespect fair andmadein good feitfvwithout collusion or fraud. The BidderVProposer agrees ifthis response/submission is accepted,toexecutean appropriate CITY documentforthe purpose of establishing a formal contractual relationship betweenthe Bidder/Proposer andthe CITY,forthe performance of all requirements to which the response/submission pertains. The Bidder/ftrpposer states thatthisresponseis based uponthedocuments identified bythe following number;Bid/RFP The full-names andresidencesofpersonsandfirmsinterestedin the foregoing bid/proposal,as principals,are as follows: /U !-____•_________! The Bidder/Proposer furthercertifies that this response/submission complieswithsection4(c)of the Charter of the Cityof Miami,Florida,that,to thebest of itsknowledgeand belief*noCommissioner, Mayor,or other officeroremployee of theCITYhasaninterestdirectlyorindirectlyin the profitsor emoluments ofthe Contract,job,workorservicetowhichtheresponse/submission pertains. Signature; Printed Name: Title: Telephone: CompanyName :£m^^ W J FoXl*]<A <JUyr.rJt l"$J$5 7y *?; LjCa P &y C^vyb u h &4~. Continuation ofAttadtment#3No Conflict ofinterfNon-t&ltusion Certification Page 6 of10 NOTARY PUBLIC: STATE OF _t?U!**4 COUNTY OF .'^•ft^t The forcing ^trujnent was acknowledged before me tills ,3...,day of \&i*A+*\..'..'•..._>2(Q§__by ^%4*CjW^V^*—,(name of person whose signature is being notarized)whois SEAL U*^Personally knowntome,or Personal identification: Typeof Identification Produced ^Didtakean oath,or Did Not take ah oath. (Nameofj^tar^ublfc Print,Stamp or typeas c^mipi^^bned^ FAILURE TO COMPLETE SIGN._RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE Page7 of10 Attachment #4 "Acknowledgement and Conformance with OSHA Standards" TO THE CITY OF SOUTH MIAMI We,:•£C#:C>_.„•C^|afy^^^^^,,._.(Name of Contractor),hereby acknowledge arid agree that as Contractors for this Solicf^jfbn,as specified have the sole responsibility for compliance With all the requirements ofthe Federal Occupational Safety and Health Actof 1970,and all State and focal safety and health regulations,and agreeto indemnify andhold harmless theCityofSouth Miami against any andall liability,claims,damages,lossesand expenses they mayincur due to the failure of (subcontractor'snames): aJo s^y~ to complywithsuchact or regulation. CONTRACTOR A / Witness H-c^^La£t &J BY:fWgT^^'^Sir^^ Nmd title ffcKA, FAILURE TO COMPLETE,S1GR&RETURN THIS FORM MAY DISQUALIFY YOUR ^PQ^E Page8 of10 Attachment #5 "RELATED PARTY TRANSACTION VERIFICATION FORM" I ^\\1Z#'-m%*J;:£wtl<<>-individually and on behalf of ^4T-1.<P fc>C GyM*?/-^ ("Firm")have Name :ofRepresentative CornpanylVendoflEndty read the City of South Miami (^Cit/ys Codeof Ethjcs, Section8A-Iofthe City's Codeof Ordinances and I herebycertify,under penalty ofperjurythat to thebestofmy knowledge,information andbelief: (1)neither I northeRrmhaveany conflict ofinterest {as defined insection $A«I)with regard tothecontractor business that I,and/orthe Firm,am(are)aboutto perform for,orto transact wrtii,the City,and (2)neither I norany employees,officers,directorsofthe Firm,nor anyone who;hasa financial interestgreater than 5%in the Firm,has any relative(s),asdefinedin section 8A-I,who Is an employee ofthe City orwho is(are) anappointedorelected official ofthe City,orwho i$(are)amemberofany public bodycreatedbytheCity Commission,i.e.,aboard or committeeoftheCity[See Note #1 below],and (3)neither I northe Firm,nor anyone who has a financial interest greaterthan S%inthe Firm,noranymemberof those persons'Immediate family (he.,spouse,parents,children,brothers and sisters)has transacted or entered into any contractus)with the City or has a financial interest,direct or indirect,in:any business being transacted with the city,orwithanypersonoragencyactingforthe city,otherthanas follows; ••.::••d./ViL.,...'.•••••8,--:$ necessary:use a separate sheet to supplyadditionalinformation that will not fitonthislinebut make reference on the line aboveto the separate sheet,i.e.,"see attached additional information"1 andmake reference to this document andthis paragraph ontothe additional sheet which additional sheet must be signed under oath).[See Note #1 below];and (4)no elected and/or appointed official or employee ofthe Oty of South Miami,or any oftheir immediate family members (i.e.,spouse,parents;children,brothersand sisters)hasa financial interest,directly or "indirectly,inthe contract betweenyouand/oryourRrmandtheCityotherthanthe following individuals whoseinterestis set forthfollowing their usea separate names: _^^jfr#»-r .../,,...l_::,:...-•-•„.•,,,mmr-,(^necessary use aseparate sheettosupply additional informationthat will not fit onthislinebut make referenceonthelineabove to the separate sheet,le^"see attached additional information"and make reference to this document and.this paragraph oh tothe additional sheet which additional sheetmustbe signed under oath).The names of all City employees and thatofallelected and/or appointed city officials or board members^whoown,directly or Indirectly,aninterestof five percent .(£&)'3?more of the total assets of capital stock In the firm areas follows: .*&*£-....:,__:^<if necessaryuseaseparatesheettosupplyadditional information that will notfitonthislinebutmakereference on thelineaboveto the separate sheet,i.e.,"see attachedadditionalinformation"andmake reference to this document andthis paragraph onto the additional sheet which additional sheet must be signed underioath).[See Note #I below] (5)I andthe Firm further agree;not to useorattempttouseany knowledge,propertyorresource which may come to usthrough our positionof trust,or through ourperformanceofourduties under the termsof the contract with the City,to secure a special privilege,benefit,or exemption for ourselves,or others.'We agree that wemaynotdiscloseoruseinformation,not available to members ofthegeneral public,forourpersonal gain or Note #h While the ethics code still applies,If the person executing this formIsdoingso on behalf of a.firm with more than IS employees,the statement inthis section shallbebasedsolelyon the signatory'spersonal knowledge and he/she is not requiredtomakeanIndependentInvestigationastothe relationship ofemployees;If the firm Isa publiclytradedcompany, the statement in this sectionshallbebasedsolelyonthe signatory's personalknowledgeand he/she isnotrequiredto;make ah independent Investigationas to the relationship of employees orof those who have a financial Interest in the Firm or of the financial interestInthe Firm of city employees,appointed officials ortheImmediate family members ofelectedand/or appointed officialor employee orasto the relationshipbybloodormarriageof employees,officers,ordirectors ofthe Firm, or of any of their immediate ramily to any appointed or elected officials ofthe City,or to their Immediate family members. benefit orforthe personal gain or benefit ofanyother person or business entity,outside of die normal gain or benefitanticipated through theperformanceofthe contract (6)I and die Rrmherebyacknowledge that wehavenot contracted ortransactedanybusinesswiththeCityor anyperson or:agency actingforthe City,andthatwehavenotappearedinrepresentationofanythirdparty before any board,commission oragencyoftheCitywithinthepasttwoyears other thanasfollows: _ (if necessary usea additional information that will not fit on this line but make reference on the line above to "see attached additionalinformation"and make reference to this document andthisparagraphon to the additional sheet which additional sheetmustbe signed underoath). (7)Neither;)norany employees,officers,ordirectorsofthe Firm,noranyoftheir immediate family (i.e.f asa spouse*son,daughter,parent,brotheror sister)Is related by blood or marriage to:;(i)any member oftheCity Commission;(ii)anycityemployee;or (HI)anymemberofanyboardoragencyoftheCity other thanas follows: 4/04L^_(ifnecessary useaseparatesheetto supply additional information that Will not fit on thislinebutmakereferenceonthelineabove to the separate sheet,Le„"see attached additional information"andmakereferencetothisdocumentandthisparagraphonto the additional sheet whichadditional sheet must besignedunderpath).[See Note #1 below];and. (8)No Other Firm,nor anyofficers or directors ofthat Other Firm or anyonewhohasa financial interest greater than 5%in that Other Firm,noranymemberofthose persons'immediate family (i.e^spouse,parents,children, brothers and isisters)noranyofmyimmediate family members(hereinafter referred toas"RelatedParties")has respondedtoasolicitationbytheCityinwhich I ortheRrm that I represent or anyonewhohasa financial interest greater than 5%in the Rrm,or any member of those persons'immediate family (i.e.spouse*parents, Children,brothersandsisters)have also responded,otherthanthe following: separatesheet to supply the separate sheen i.e., -fJP^r .(if necessary usea separate sheet to supply additional information that will not fitonthislinebutmakereferenceonthelineabove to the separate sheet,Ley-"see attached additionalinformation"andmake reference tothis document and this paragraphonto th&additional sheet whichadditional sheet mustbesignedunder oath),[whiletheethicscodestillapplies,if the person executing thisformisdoingso on behalfofa firm whosestockis publicly traded,the statement inthissection(8)shallbe basedsofefy onthesignatory'spersonal knowledge andhe/she is notre quired;to make ah independent investigation intothe Other Rrm,orthe Firm he/she represents,astotheir officers,directorsoranyone having a financial interest in those Rrms orany of theft*anymemberof those persons'immediate family.] (?)I and die Rrm agreethatweare obligated to supplement this Verification Formand inform the City of any changeincircumstancesthatwouldchange our answerstothis document.Specifically,after theopeningof any response*toa solicitation,(andthe Firm have ah obligation to supplement this Verification Form withthe name of allRelatedPartieswho have also responded tothesamesolicitationandtodisclose the relationshipof those parties to meand the Firm, (10)A violation ofthe City's Ethics Code,the giving ofany false information orthe failure tosupplement this Verffication Form,maysubjectmeortheFirmto immediate terminationofany agreement with the City,andthe imposition ofthe maximum fineand/oranypenalties allowed bylaw.Additionally,violations maybeconsideredby andsubjecttoactionbythe Miami-Dade County Commission on Ethics.Underpenaltyof perjury,f declarethat I Note#Ii While the ethics code stillapplies,if the frerson executing thisform Is doingsoon behalf ofafirm with more than IS employees,the statement In this section shall be based solelyon the signatory's personal knowledge and he/she is not required tomakean Independent investigation astothe relationship of employees;ifthe Arm Isa pubRdy traded company, the statement inthissectionshallbebasedsolelyonthesignatory'spersonalknowledgeandhe/sheis not requiredto make .an Independent investigation as to the;relationship of employees or of those who haveafinancial interest in the Firm or of thefinancial Interest in the Firm of city employees,appointedofficialsor the immediate family members of elected and/or appointed official or employee orasto the relationship by blood or marriage of employees,;officers,or directors ofthe Firm, orofanyoftheir immediate family toanyappointed orelectedofficials OftheCity,ortotheir Immediate family members. havemadeadiligenteffortto investigate thematterstowhich I am attesting hereinabove andthatthestatements made hereinabove are trueandcorrecttothebestof my knowledge,information and belief. Signature:,..?^^fcl^, Print Name &*$£&../?&*>.t*J ^^^.0 U?f Date:^/^/ ATTACHED; Sec.8A-I -Conflict of interest and code of ethics ordinance. MunicodeRage I0f4 .Sec.8A-I.-Conflict of interest and code of ethics ordinance. (a)Designation. This section shall be designated and known asthe "City of South Miami Conflict of Interest and Codeof Ethics Ordinance."This section shall be applicable to all city personnel as defined below,and shall also constitute a standard of ethical conduct;ahd behavior for all autonomous personnel,quasi-judicial personnel,advisory personneland departmental personnel.The provisions of this section shall be applied in;a cumulative manner.By wayof example,andnotasa limitation,subsections (c)and (d)may be applied tothesamecontractor transaction. (b)Definition*.Forthepurposes ofthissectionthe following definitions shall be effective: (1)the term "commission members"shall refer tothe mayor and die members of thecity commission. (2)The term "autonomous personnel"shall refer to the members of autonomous authbrities;boards and agencies, suchasthecitycommunityredevelopmentagency andthe health facilities authority, (3)Theterm "quasi-judicial personnel"shall refertothe members ofthe planning board,the environmental review and preservation board,thecodeenforcement board and suchother individuals,boards and agencies ofthedryas perform quasi-judicial functions. (4)The term ^advisory personnel11 shall refer tothe members of those city advisory boards and agencies whose soleor primary responsibility istorecommend legislation orgive advice to the<ky commission. (5)The term "departmental personnel"shall refertothecity clerk,the city manager,department heads,die city attorney,and ail assistants tothecity clerk,city manager and city attorney,however titled. (£)Theterm"employees"shall refer to all other personnel employedbythecity. (7)Theterm "compensation"shall refertoany money,gift,favor,thing of value or financial benefit conferred,or to be conferred,in return for services rendered or to be rendered. (8)Theterm "controlling financial interest'1 shall referto ownership,directly or indirectly,of ten percentormore oftheoutstanding capital stock inanycorporationora.direct;prindirectinterestoftenpercentormoreinafirm, partnership,orother business entityatthetimeof transacting business withthecity, (9)Theterm "immediate family"shall refertothe spouse,parents,children,brothersand sistersofthe person involved. (10)Theterm "transact any business'1 shall refertothe purchase or sale bythecityof specific goodsor services for consideration andto submitting abid,a proposal inresponsetoa RFP,;a statementof qualifications inresponse toarequestbythe city,or entering;intocontractnegotiations forthe provision on anygoodsor services, whichever first occurs* (c)Prohibition on transacting businesswiththe city. Note #I:While the ethics code still applies,if the person executing this form Is doing soon behalf ofa firm with more than 15 employees,the statement in this section shallbebasedsolelyon the signatory**personal knowledge ami he/she is not required to make an Independent investigation as to the relationship of employees;if the firmisapublicly traded company, the statement inthissectionshall be basedsolelyonthesignatory'spersonalknowledgeand he/she Is not requiredtomake anindependentInvestigation asto therelationshipofemployeesorofthosewhohavea financial interest In the Firm orof the financial interest in the Rrm of city employees,appointed officialsor the immediate family members of elected and/or appointed official oremployeeorastothe relationship bybloodormarriageofemployees,officers,ordirectorsoftheFirm, or ofany of their Immediate family to any appointed or elected officials ofthe City,or to their Immediate family members. Noperson included in theterms defined in paragraphs (b)(1)through (6)and in paragraph (b)(9)shall enterinto anycontractortransactanybusinessinwhichthatpersonoramemberoftheimmediate famijy has a financial interest,directorindirectwith the cityoranypersonoragencyactingfor the city,andanysuch contract, agreement orbusinessengagement entered inviolationofthissubsection shall render the transactionvoidable. Willful violation of this subsection shall constitute malfeasance in office andshall affect forfeiture of office or position.Nothing in this subsection shall prohibit or make Illegal: (I);Thepaymentoftaxes,special assessmentsorfeesforservicesprovidedbythe cfty government;! (2);The purchase of bonds,anticipation notesorother securities that maybe issued bythecity through underwriters ordirectlyfromtimetotime. Waiverof prohibition.Therequirementsofthissubsectionmaybewaivedfora particular transactiononlybyfour affirmative votes of the city commission afterpublichearinguponfindingthat: (1)An open-to-aR sealed competitive proposal has been submitted byacity person as defined in paragraphs (b)(2), (3)and(4); (2)Theproposalhasbeen submitted byapersonorfirmofferingserviceswithinthescopeof the practice of architecture,professionalengineering,orregisteredlandsurveying,asdefinedbythelawsofthestateand pursuant to/the provisionsof the Consultants'CompetitiveNegotiatiqnAct,andwhen the proposalhasbeen submitted byacitypersondefinedin paragraphs (b)(2),(3)and (4); (3)Theproperty or services to beinvolvedintheproposedtransactionareuniqueand the citycannot avail itself ofsuch property orservices without enteringatransactionwhich would violatethissubsectionbut forwaiverofitsrequirements;and (4)Thattheproposedtransactionwill be inthebestinterestofthe city Thissubseaibh shall be applicable onlyto prospective transactions,and the citycommissionmayinnocaseratifya transaction entered in violation of this subsection. Provisions cumulative.This subsection shall be taken tobe cumulative and shall notbe construed to amend or repeal any other law pertaining tothesamesubjectmatter. (d)Further prohibition on transacting businesswith the city. Noperson included intheterms defined in paragraphs (b)(1)through(6)andin paragraph (b)(9)shall enterinto anycontractor transact any business through a firm,corporation,partnership or business entityinwhichthat personoranymemberof the immediate family hasa controlling financial interest,director indirect,withthecity or anypersonoragencyactingforthecity,andanysuch contract,agreement orbusinessengagement entered in violation ofthis subsection shall renderthe transaction voidable.The remaining provisions of subsection (c)will also be applicable to this subsectionasthoughincorporatedbyrecitation. Additionally,no person included in the term defined in paragraph (b)(1)shall voteonor participate inanywayin any matter presented to;thecitycommissionifthatpersonhasany of thefollowingrelationshipswithanyof the personsorentitieswhichwouldbeormightbedirectlyorindirectlyaffectedbyanyactionofthecitycommission: (I)Officer*director,partner,of counsel,consultant,employee,fiduciary or beneficiary:or (2)Stockholder,bondholder,debtor,or creditor,if in any instance the transaction ormatterwould affect the person defined in paragraph (b)(1)inamanner distinct fromthemannerinwhichit would:affect the public generally.Any person included intheterm defined in paragraph (b)(I)who has any ofthe specified relationships or whowouldor might,directly or indirectly,realize aprofitbythe action ofthecity commission shall notvoteon or participate In anyway in the matter. (E)Gifts. {ij&efmjpon.The term "gift"shallrefer to the transfer of anything of economic value,whether in the form of money,service,loan,travel,entertainment,hospitality,itemorpromise,orinanyotherform,without adequateandlawfulconsideration. (^Exceptions.Theprovisions of paragraph (e)(1)shall notapplyto: a.Political contributions specifically authorized bystate law; Note #I:While theethicscodestill applies,ifthe person executing thisformisdoingso on behalfofa firm with morethan 15 employees,the statement In this section shallbebasedsolelyonthe signatory**personal knowledge andhe/sheIsnot requiredto make anIndependent Investigation astothe relationship ofemployees;If thefirm Is apubliclytradedcompany, thestatement Inthis sectionshall bebasedsolely onthe signatory's personal knowledge and he/sheisnot required tomake an independent investigationas to the relationship of employees orof those whohavea financial Interest In the Firm or of the financial interestintheFirmof city employees,appointedofficials ortheimmediate family membersofelectedand/or | appointed officialor employee or as to the relationshipbybloodormarriageofemployees,;officers,:ordirectorsoftheFirm,i or of anyof their Immediate familytoanyappointedorelected officials of the City,orto their Immediate familymembers.J 4 b.Giftsfrom relatives or members ofone's household,unless the person is a conduit on behalf ofa third party to the delivery ofa gift that \s prohibited underparagraph(3); c Awardsforprofessional or civic achievement;; ds Material such as books,reports,periodicals or pamphlets which are solely informational orofan advertising nature. (3)Prohibitions.A person described in paragraphs (b)(1)through (6)shall neither solicit nor demand any gift*.Itis also unlawful for any personor entity to offer,give or agree to give to any person included intheterms defined in paragraphs (b)(1)through (6),orfor any person included in the terms defined in paragraphs (b)(1)through (6)to acceptoragreetoacceptfrom another person or entity,any jgift fororbecauseof: a.An ojfficial public action taken,ortobetaken,or which could be taken,or an omission-or failure to take a pubfic action; b,A legal duty performed ortobe performed,or which could be performed,oran omission or failure toperform alegalduty; c A legal dutyviolated ortobe violated,or which could be violated byanyperson included In theterm defined in paragraph (b)(1);or d.Attendance or absencefromapublicmeetingatwhich official action is tobetaken. (4)Disclosure.Any person included in theterm defined in paragraphs (b)(1)throug(h (6)shall disclose any gift,or series of gifts from anyone person or entity,having a value in excess of $25;0G.The disclosure shall be made by filing acopyofthe disclosure formrequiredbychapter 112,Florida Statutes,for "local officers"with the city clerk simultaneously with the filing ofthe form with the cleric ofthe county and with the Florida Secretary ofState. (f)Compulsorydisclosure by employees affirms doingbusinesswiththecity. Should any person included inthe terms defined in paragraphs (b)(1)throu^i (6)-be employed bya corporation, firm,partnership or businessentityin which that person or theimmediatefamily does nothave a controlling financial interest,andshouldthe corporation,firm,partnership or business entity have substantial business commitments toor from the city or any city agency,or be subject to direct regulation by the city ora city agency, then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city. (g)Exploitation of officialpositionprohibited. Noperson included intheterms defined in paragraphs (b)(l)through(6)shall corruptly useorattempttousean official position tosecurespecial privileges or exemptions forthat person or others* (h)Prohibitiononuse of confidential information. No person included in the terms defined in paragraphs (b)(1)through (©)shall acceptemploymentor engage in anybusiness or professionalactivitywhichonemight reasonably expectwouldrequireor induce oneto disclose,confidential Irrforrnation acquiredbyreasonofan official position,nor shallthatpersoninfacteverdisclosecohfidentialinformationgarnered or gainedthroughan official positionwiththe city,nor shall thatperson ever use such information,directlyor indirectly,forpersonal gain or benefit, (i)Conflicting employment prohibited. Noperson included inthe terms definedinparagraphs (b)(1)through(6)shallaccept other employmentwhich wouldimpairindependence of judgment inthe performance ofany public duties. (|)Prohibition oh outside employment. (I)Nopersonincludedin the terms definedinparagraphs(b)(6)shall receive any compensationforservicesasan officeroremployeeofthe cjty fromanysource other than the city,exceptasmaybepermittedas follows: a.Generally prohibited.No full-time city employee shallacceptoutside employment,either incidental,occasional or otherwise,wherecity time,equipmentormaterial is tobeusedorwheresuch.employment or anypart thereof is to be performed on city time. Note #h While the ethics code still applies,if the person executing this form Is doingsoon behalf ofafirm with more than 15 employees,the statement In this section shallbe based solely on the signatory's personal knowledge and he/she Is not requiredto make anIndependentinvestigationasto the relationshipof.empJoyces;If the firm is apubliclytradedcompany, the statement hi thissectionshall be basedsolely on the signatory'spersonal knowledge and he/she Is not required to make an Independent investigation as to the relationship of employees or of those who have afinancial interest in the Firm or of the financial interestin the Firm of city employees,appointed officials ortheImmediatefamily members of electedand/or appointedofficialor employee or astotherelationshipbyblood;ormarriage of employees,officers,ordirectors of theFirm, or of any of their immediate family to any appointed or elected officials of the City,or to their Immediate family members. b.When permitted.A full-time cityemployee may;accept incidental or occasional outsideemployment so longas suchemployment is not contrary,detrimentaloradverseto the interestofthecityoranyofitsdepartmentsand theapprovalrequiredinsubparagraph c isobtained. C.Approval ofdepartmentheadrequired.Anyoutsideemploymentbyany full-time city employee mustfirstbe approvedinwritingbytheemployee'sdepartmentheadwho shall maintain acompleterecordof such employment; d.Penalty.Anyperson convicted of violating anyprovisionofthissubsection shall bepunishedasprovided in section l-l I oftheCodeof Miami-Dade County arid,in addition shall besubjectto dismissal bythe appointing authority.Thecitymay also assess against a violator a fine not to exceed $500.00 andthecostsof investigation incurredby the city. (2)Afi full-tirjrje city employees engaged in any outside employment foranyperson,firm,corporation orentity other than the city,or any;of itsagenciesor instrumentalities,shall file,-Under oath,anannual report indicating the sourice ofthe outside ^employment,the nature ofthe work being done and any amount of money orother consideration received bytheemployeefromtheoutside employment.;Cityemployee reports shall be filed with the city cierk.The reports shall be available ata reasonable;time and place for inspection;by the public.The city managermayrequire;monthly reports;from individual employees orgroupsofemployeesforgoodcause.. (k)Prohibited investments. Noperson included in theterms defined in paragraphs (b)(1)through(6)oramemberofthe immediate family shajj have personal investments in any enterprise which will create a substantial conflict between private interests andthepublic interest. (1)Certa/n appearances and payment prohibited. (!)No person included In the terms-defined in paragraphs (b)(1),(5)and(6)shall appear before;any city boardor agencyaridmakea presentation on;behalfofathird person with respect to any matter,license,contract, certificate,ruling,decision,opinion,rateschedule,franchise,or other benefitsoughtby the third:person.Nor shall thepersonreceiveanycompensationor gift,directlyor indirectly,forservices rendered toathirdperson,who has applied foror is seeking;some benefitfromthecityoracity agency,inconnectionwiththeparticularbenefit sought by the third person.Nor shall the person appearinany court or before ;anyadministrativetribunalas counselor legal advisortoapartywhoseeks legal relieffromthecity or a cityagencythrough the suitinquestion. (2)Noperson included in theterms defined in paragraphs (b)(2),(3)and (4)shall appear before the city commission or agency onwhichthepersonserves,eitherdirectlyorthroughanassociate,and;makea presentationonbehalfofathird person with;respecttoanymatter,license,contract,certificate,ruling,decision, opinion,rate schedule,franchise,orotherbenefitsoughtbythethirdperson.Nor.shall suchperson receive any compensation or gift,directly or indirectly,for services rendered toathird party whohas applied foror is seeking somebenefitfromthecitycommissionor agency on which the person servesinconnection with theparticular benefitsought by the thirdparty.Norshallthepersonappear ln;any court orbefore any administrative tribunalas counselor iegaladvisor toa third party who seeks legal relief from the city commission or agency on which such personservesthroughthe suit inquestion. (rri)Actions prohibited when'.financialinterestsinvolved. No person included:in the terms defined in paragraphs (b)(I)through:(6)shall participate in any official action directly or indirectly affecting a business in which thatpersonor any memberofthe Immediate family hasa financial interest Afinancial interest is defined in this subsection to include,;butnotbelimited to,anydirector indirectinterestinany investment,equity,ordebt. (n)Acquiring financialInterests. Noperson included intheterms defined in paragraphs (b)(1)through (6)shall acquire a financial interestina project*business entity-or propertyatatimewhenthe person believes orhasreasonto believe thar the financial Interest may be directly affected by official actions orbyofficial actions bythe city orcity agency of which the personis an;official,officer or employee. (0)Recommending professional services. Note:#I:While the ethicscode still applies,iftheperson executing thisform «doingsoon behalf ofafirm with more than 15 employees,the statement in this section shallbebasedsolelyon the signatory's personal knowledge and he/she is not requiredtomakeanindependent Investigation astothe relationship ofemployees;If thefirmIsapubliclytradedcompany, the statement in thissectionshallbe based solelyon the signatory'spersonalknowledgeaddhe/she Is not required to make an independent investigationas to therelationshipof employees or of those.who haveafinancial Interest intheFirmorof the financial interestinthe Firm;ofcity employees,appointedofficials or the immediate family membersofelected and/or appointed official oremployee bras to th^relationship bybloodormarriageofemployees,officers,ordirectorsofthe Firm, or ofany oftheir immediate familytoanyappointedorelected officials of the City,ortotheir immediate family members. No person included m theterms defined iii paragraphs (b)(1)through (4)may recommend the services ofany lawyer or law firm,architect or architectural firm,public relations firm,or any other person or firm,professional or otherwise,to assist inany transaction involving thecityor any of its agencies,provided thata recommendation may properly be made when required tobemadebythe duties of office and in advance ata public meeting attended byother city officials,officers or employees. (p)Continuingapplicationaftercityservice. (J)No person included in the terms defined in paragraphs (b)(1),(5);and (6)shall,for a period oftwo years after hisorher city service or employment has ceased,lobby any city official [as;defined in paragraphs (b)(l)thrpugh (fy]\n connection with any judicial or other proceeding,application,RFP,RFQ,bid,request for ruling prpther determination,contract,claim,controversy,charge,accusation,arrest or other particular subject matter ii|which the city of one of Its agencies Is a party or has any interest whatever,whether direct or indirect. Nothingfcontained in this subsection shall prohibit any indiviiiual from submitting a routine administrative request or application to.a city department oragency during the two-year period after his or her service has ceased. (2)The provisions ofthe subsection shall not apply to persons whobecome employed.by governmental entities, 501 (c)(3)ribn-profic 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 m paragraph (p)(l)whose city service or employment ceasedafter the effectivedate of the ordinance from whichthissection derives. (4)No person described in paragraph (p)(l)whose city service or employment Ceased within two years prior to the effective date ofthis ordinance shall fora period oftwo years after his orher service or employment enter into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)(l)in whichthecityoroneofits agencies is a party or has anydirect and substantial interest;andin which heorshe participated directly orindirectly through decision,approval,disapproval,recommendation,the rendering of advice,investigation,or otherwise,;during hisorhercity service or employment.Aperson participated "directly" whereheorshewas substantially involved inthe particular subject matterthrough decision,approval,disapproval,' recommendation,the rendering of advice,investigation,or otherwise,during hisorher city service or employment.A person participated "indirectly"whereheorshe knowingly participated irvany wayinthe particular subjectmatter through decision,approval,disapproval,recommendation,the rendering of advice,investigation,or otherwise,during hisorhercity service oremployment.Allpersonscoveredbythis paragraph shall executean affidavit onaformapprovedby the city attorneypriorto lobbying anycity official attestingthatthe requirementsofthissubsectiondo not precludethepersonfrom lobbying city officials. (5)Anypersonwho violates this subsection shall be subject tothe penalties provided insection 8A«2(p). (q)City attorney to render opinions onrequest. Whenever anyperson Included intheterms defined in paragraphs (b)(1)through (6)and paragraph (b)(9)isin doubtas to the oroper interpretationor application of tills conflict ofinterestand code ofethics ordinance,or wheneverany persoii whorendersservicestothecityisindoubtas to the applicability ofthe ordinance that person,maysubmit to the city-attorney a full writtenstatementof the:facts andquestions.Thecityattorney shall then render ah opinion to such person and shall publish these opinions without use ofthe name ofthe person advisedunlessthepersonpermitstheuseofaname. (Ord.No.6-99-1680,§2t 3-2-99) Editor's note-Ord.No.6-99-1680,§I,adopted 3-2-99,repealed §§8A-I and 8A^2 in their entirety and replaced them with new §§ 8A-Iand 8A«2.Former §§8A-I and8A-2pertainedto declaration of policy and definitions,respectively,and deriverifromOrti.No.:634,;§§1 (IA-1),I (IA-2)adoptedJan,..II,1969. Note #I:White theethicscodestill applies,ifthepersonexecutingthisform Isdoingsoonbehalfofafirm With morethan 15 employees,the statement In this sectionshallbebasedsolelyon the signatory'spersonalknowledgeandhe/sheis not requiredto.make;an Independent .investigation astothe relationship ofemployees;If thefirmisa publicly tradedcompany, the statement in this section shallbe based solely on the signatory's personal knowledge and he/she Is not required to make an Independent Investigationi as to (he relationship of employees orofthosewhohavea financial Interest intheRrmorof the financial interest in the Firm of city employees,appointed officialsor the Immediate family members of elected and/or appointed officialor employee or as to the relationship by blood or marriage ofemployees,officers,or directors ofthe Rrm, or ofany of their immediate family to any appointed or elected officials ofthe City,or to their immediate family members. ACORCf CERTIFICATE OF LIABILITY INSURANCE OATE(tfWmmTY) 03/1072015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOESNOT AFFIRMATIVELY ORNEGATIVELY AMEND,EXTEND ORALTERTHECOVERAGE AFFORDED BYTHE POLICIES BELOW.THIS CERTIFICATE OFINSURANCEDOESNOT CONSTITUTE ACONTRACTBETWEENTHEISSUING INSURERfS),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:IT the certificate holder Is an ADDITIONAL INSURED,the poilcy(Its)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions off tits potior,certain policies mayrequirean endorsement A sCatamsnt on this certificate doss not confer rightstothe certificateholder in lieu of such oiHtoraementfa). PRODUCER State/arm Karl E.Wright Insurance Agency,Inc. 4286S.UniversityDrive Davie,FL 33328 aSg^KarlE.Wright #&s_£954-475-9773 MichaelQkarlwrtghtcom I __"♦*»«" LEADEX CORPORATION 2601SW69THCT Miaml.FL 331SS AP0KE8& [HSU_ERfflAff0*q30_COVERAGE tusimcRAiState FarmMutualAutomobileInsuranceCompany wsurbrc; IKSURERO: mica 2S178 COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: THIS IS TOCERTIFYTHATTHEPOLICIESOFINSURANCEUSTEO BROW HAVEBEENISSUEDTOTHEINSURED NAMED ABOVEFORTHEPOLICYPERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERMOR CONDITION OFANY CONTRACT OROTHER DOCUMENT WITHRESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFOROED SY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS ANDCONOfTONS OFSUCH POLICIES.LIMITS SHOWNMAYHAVEBEENREDUCED BY PAID CLAIMS. TORI Tn-OFriQumwcg cosmenaAL general uabuty J CLAIMS-MADE I [OCCUR GENT.AGGREGATE UMIT APPLES f_t* poucvngs riioc OTHER-3 ANY AUTO AUOWNEO AUTOS H2REOAUT08 SCHEDULED AUTOS NON-OWNED AUTOS OCCUR excess U AS O WblfellTIONt AN0______UABUTV AW PRQPROOWPARTNERfEXECUTIVE OFFtCERSISIIKn EXCUJ0EO7 (MtfmstCTylaWH) V joSj fisscroe under OFOf-RATPNSI YIN D MP. N/A POLICY SURBER C19-1S37-A0i^9 C19-1638-A0i.se C22-0382-A01-6S C22*038*<Avi-59 •y jr.^fUJ;M p^.l i in f5T j r__.«_i i A j1 I_!7i ••-Vt VVjI 01AT1/2016 Ol/OlttOIS Oi/oinoi5 01/0112910 07/0112019 07/91/2015 07/01/2015 97/0112015 UMTS EACH OCCURRENCE Ji'AJ.UBM MEDEXP lAny ore poison) PERSONAL A ADV INJURY GENERAL AGGREGATE PROPUCTa.COMPfOPAOQ p_^S5^_tscr lEoooeMBnM BOOJLV sMJURY (Par pmt-i) BOOO.V OAIURY(Pera__art) TOS^OTRffi _______________ EAOiOCCURRENCE AGGREGATE w_fUS_ TOT __ E LEACH ACC4DENT EX.DISEASE-EA EMPLOYEE ELOISEASe»POUCVltfthTU 1.000.000 D_ICRIPr_N0P0P_UTI0lt8li_CATI0^#VE^ CERTIRCATE HOLDER City of South Miami 6130 Sunset Drive South Miami.Fl 33143 J. ACORD25(2014/01) CANCELLATION SHOULD ANYOFTHEABOVE OESCRBED POUCIESBE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE VWLL BE DELIVERED IN ACCORDANCEWITHTHEPOLICY PROVISIONS. AU1HOROEO REPRESENTATIVE <D 1988-2014 ACqRD CORPORATION.All rights reserved, and logo are registered matte of ACORD 1001466 132849.9 02-04-2014TheACORDname ACORCf CERTIFICATE OF LIABILITY INSURANCE 0ATE<«_OCrrYYY) 03/10/2015 THIS CERTIFICATE IS ISSUED ASA MATTER OP INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIRCATE DOES NOT AFrTRMATrVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the eaitiflcata holder Is an ADDITIONAL INSURED,the pollcy'fes)mustbo endorsed.If SUBROGATION IS WAIVED,subject to the termsand conditions of tfts policy,certain policies may require anendorsementAstatementon this cortHleate doesnotconferrights tothe certificate holder In Iteu of such ot_o»amentta). PROOUCER State/anil Karl E.WrightInsuranceAgency,Inc. 4286 S.UniversityDrive Davie,FL 33328 1__!__________L ****__954475»9773fffidP:ir&ii_=95^24-34oT uouheo LEADEX CORPORATION 2601SW69THCT Miami,FL 33155 .com WSURERIS)AFFOROmO COVERAGE insurer AsState Parm Mutual AutomoWe InsuranceCompany INSURER B: INSURER C: IHSURERO: RAiCt 25178 COVERAGES CERTIFICATE NUMBER: _______• REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF MSUrVUTCE LISTED BELOW M INDICATED.NOTWITHSTANDING ANY REQUIREMENT.TERMOR CONDOTON OFANYCONTRACTOROTHER DOCUMENT WITHRESPECTTOWHICHTHIS CERTIFICATE MAYBE ISSUED ORMAY PERTAIN.THE INSURANCE AFFORDED BYTHE POUCIES DESCRIBED HEREIN IS SUBJECT TOALL THE TERMS, EXCLUSIONSANDCOtWTONSOFSUCHP^^ _gjn __ TYPEOFOiSURANCE CWKIROIALCffircRALUABttm CUMS4IAOE D OCCUR CJEMXAGGREGATE LOOT APPLIES PER POLICY |[_&PI IOC OTHER: ___ a AUTC4KWUUABIUTY ANY AUTO ALL OWNED AUTOS HIRED AUTOS UIORSUAUAB SCHEDULED AUTOS OCCUR CLAIMS MAOC o RETENTIONS EBOC'SUBRT ___. anoessployers'liability anvproprctoriparti^^scutive CtfRCER/MEMBSR EXCLUDED? fMsngsdoiy In RH) YIN a N/A EMPLOYEE NOM4WNED AUTO A H«ED POLICY NUMBER C22-0387-A01-59 C224388-A01-S9 971-8713-A08-59 C23-3B48-A31.59 li.'..ii«]•/*I _i111.'.„__*kki 1 01/01/2015 01/01/2015 01/01/2015 01/31/2015 07/010016 07/010016 07/0112016 07/3112016 UMTS EACH OCCURRENCETJjrojEFTTJTCRTHj PREMISES (_ooaflTanart MED EXP (Any ona PERSONALS ADV INJURY GENERAL AGGREGATE PROOUCTS-CONrVOPAOO wmmermr •Mlcunrfi BODILYINJURY (Ptf poron) BOulLYMJIiRYCPSfaoefttnS wmgmmm— _IPsr_cewanO EACH OCCURRENCE AGGREGATE iwui ir EL EACH ACCIDENT EX.DISEASE -EA EMPLOYEE % EL DISEASE-POUCYIJaT IS $1,000,000 COMBINED SMGLE LOOT 1.000,000 DESCRIPTION OPOPERATIONS/LOCATIONS I V*KtC»JE3 (ACORDtOl.AtftfttfO*^ CERTIFICATE HOLDER City of South Miami 6130 Sunset Drive South Miami;Fl 33143 X ACORD 25 (2014/01) CANCELLATION SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THEEXPIRATIONDATETHEREOF,NOTICEWILLBEDELIVEREDIN ACCORDANCEWITH THE POLICY PROVISIONS. ©1983-2014 ACORD CORPORATJDN.Att rightsreserved. The ACORD name and logo are registered marks of ACORD 1001488 132849.9 02-04-2014 EXHIBIT I Insurance Requirements 1.01 Insurance A Without limiting its liability,thecontractor,consultantorconsulting firm (hereinafterreferred to as "FIRM"with regard to Insurance and Indemnification requirements)shall be required to procure and maintain atitsownexperise during the life ofthe Contract,insurance ofthetypesandintheminimum amountsstated below aswill protect the FIRM,fromclaimswhichmayarise out of orresultfrom the contractortheperformanceofthecontractwiththeCity of South Miami,whether such claim isagainst the FIRM orany sub-contractor,orby anyone direcdy or indirectly employed byanyofthemorby anyonefor whose actsanyof them maybe liable. B.NoinsurancerequiredbytheCITY shall beissuedorwrittenbyasurpluslinescarrierunlessauthorized inwritingbytheCITYandsuch authorization shall beatthe CITY's soleandabsolute discretion.The FIRM shallpurchaseInsurancefromandshallmaintain the insurancewithacompanyorcompanies lawfully authorizedtosell Insurance intheStateof Florida,onformsapprovedbythe State of Florida,as will protefet the FIRM,ataminimum,fromallclaimsas set forth below whichmayarise out ofor result fromthe FIRM's operationsunder the Contractandforwhichthe FIRM maybe legally liable,whether such operations bebythe FIRM orbya Subcontractor orby anyone directly or indirectly employedby any of them,orbyanyonefor whose actsanyof them maybe liable:(a)claimsunder workers' compensation,disability benefitandother similar employeebenefit acts whichare applicable tothe Work tobe performed;(b)claims for damages because of bodily injury*occupational sicknessor disease,or deathofthe FIRM's employees;(c)claims for damages becauseof bodily injury,sicknessor disease,or death ofany person other than the FIRM's employees;(d)claims for damages insured by usual personal injury liability coverage;(e)claimsfor damages,other than to the Work itself,because of injury to or destructionoftangibleproperty,including lossofuseresulting there from;(f)claimsfordamagesbecause ofbodilyinjury,deathofapersonorproperty damage arising outofownership,maintenance oruseofa motor vehicle;(g)claims for bodily injury or property damage arising outof completed operations;and (h)claimsinvolvingcontractual liability insurance applicable to the FIRM's obligations tinder the Contract. 1.02 Firm's Insurance Generally*The RRM shallprovideandmaintain in force and effect until all the Work to be performedunder this Contracthas been completedandacceptedby CITY (orforsuch duration asis otherwise specified hereinafter),the insurance coverage writtenon Florida approved formsandassetforth below: 1.03 Workers'Compensation Insurance atthestatutoryamountasto all employeesin compliance with the "Workers'Compensation Law"oftheStateof Florida Including Chapter 440,Florida Statutes,as presently written or hereafter amended,and all applicable federal laws.In addition,the policy (ies)must include:Employers'Liability atthestatutory coverage amount.The FIRM shall further insure that all ofits Subcontractors maintain;appropriate levelsof Worker's Compensation Insurance. 1.04 Commercial Comprehensive General Liability insurancewithbroadform endorsement,as weH as automobile liability,completed operations and products liability,contractual liability,severability of interest with cross liability provision,and personal injury arid property damage liability with Ifmits of $1,000,000 combined single limitperoccurrenceand$2,000,000 aggregate,including: •Personallnjiiry;$1,000,000; •Medical Insurance:$5,000per person; •PropertyDamage:$500,000 eachoccurrence; •Automobile Liability:$1,000,000each accident/occurrence. •Umbrella:$1,000,000 per claim I-05 Umbrella Commercial Comprehensive General Liability insurance shall bewrittenona Florida approved formwiththesame coverage asthe primary Insurance policy butintheamountof$1,000,000 per claim and v> $2j600,660 Annual iAggregate.Coverage must be afforded ona form no more restrictive than me latest edition of the Comprehensive General Lfebltfty policy,without restrictive endorsements,as filed bythe Insurance Services Office,and must include; (a)Premises and Operation (b)Independent Contractors (c)Products and/or CompletedOperations Hazard (d)Explosion,Collapse and Underground Hazard Coverage (e)BroadFormPropertyDamage (f)Broad Form Contractual Coverage applicable to this specific Contract,including anyhold harmless and/orindemnification agreement, (g)Personal Injury Coverage with Employee and Contractual Exclusions removed,withminimumlimitsof coverage equal tothose required for Bodily injury Liability and Property!Damage Liability. 1.06 Business Automobile Liability with:minimum limits ofOne Million Dollars ($1,000,000.00)plus an additional One Million Dollar ($1,000,000.00)umbrella per occurrence combined single limit for Bodily Injury Liability andPropertyDamage Liability.Umbrellacoveragemustbeaffordedonaformnomorerestrictivethan the latest edition ofthe Business Automobile Liability policy,without restrictive endorsements,as filed bywiththe state of Florida,and must:include: (a)Owned Vehicles. #>)Hir^:and:Non-Owned Vehicles (c)Employers'Non-Ownership 1.07 SUBGONTRACtiS:The FIRM agrees:thatifany part ofthe VVork under the Contract is sublet,the subcontract Shall contain the same insurance provision as set forth in section 5.1 above and 5.4 below and substituting the word Subcontractor for the word FIRM and substituting the word FIRM for CITY where applicable. L08 fi^MM A.In theeventthat this contractinvolvesthe constructtbri of a-structure,the CONTRACTOR shall maintain,withan Insurance Companyor Insurance Companies acceptable tothe CITY,"Broad"form/All RiskInsuranceonbuildingsandstructures,including Vandalism&Malicious Mischief coverage,while In the course of construction,including foundations,additions,attachments andall permanent fixturesbelonging to and constituting a part of said buildings or structures.The policy or policies shall also cover machinery,if the cosi of machinery is included:inthe Contract,or If die rnachinery Is located;In a building thatisbeing renovated byreasonofthis contract Theamountof insurance must,atalltimes,beatleast equal to the replacementandactualcashvalueoftheinsuredproperty.The policy shall be in the name of theCITYand die CONTRACTOR,astheirihterest mayappear,and shall also coverthe interests of all Subcontractorsperforming VVork. B.Allofthe provisions set forth In Section:5,4 herein belowshall apply tothis coverage unless,itwouldbe clearly not applicable. 1.09 Miscellaneous: A.If any noticeof Cancellation ofinsuranceorchangeincoverage is;issuedbytheinsurancecompanyor should ariy:Insurance have an expiration date thatwill occur during the period of this contract,the FIRM shall beresponsibleforsecuring other acceptable insurancepriortosuch cancellation,change,or expiration soasto provide continuous coverage as specified inthis section;and soas to maintain coverage duringthe !llfe ofthis Contract. B.All deductibles ;rnust be declared bythe FIRM and mustbeapprpvedbythe CITY,Attheoptionofthe CITY,eitherthe FIRM shall eliminate or reduce such deductible orthe FIRM shall procure a Bond,in a form satisfactory t<6:the CITY covering the same. C.Thepolicies shall containwaiverof subrogation against CITY where applicable,shall expressly provide that such policy or policies are primary over any other collectible insurance that CITY may have;The CITYreservestherightatanytime to requestacopyoftherequired policies forreview.AH policies shall contain a"severability of interest"or "cross liability**clause without obligation for premium payment ofthe CITYaswellas contractual liability provisioncoveringtheContractorsdutytoindemnify theCityasprovidedinthisAgreement D.Before starting the Work,the FIRM shall deliver totheCITYand CONSULTANT certificates of such insurance,acceptable tothe CITY,aswell as:the insurance binder^oneis issued,the insurance;policy, including the declaration page andall applicable endorsements and provide the name,address and telephone number ofthe Insurance agent or broker through whom the policy was obtained.The insurer shall be rated A.VII orbetterper A.M.Best's Key Rating Guide,latest edition and authorized toissue lnsurance;in the:State of (Florida.AH insurance policies mustbewrittenonformsapprovedby the State of Florida and they must remainin full forceandeffectforthedurationof the contract period with the CITY.The FIRM maybe required bythe CITY,atitssole discretion,to provide a "certified copy**ofthe Policy (asdefined in Article I ofthisdocument)which shall include the:declaration page and all required endorsements;:In addition,the FIRM shalldeliver,at the time of delivery ofthe insurancecertificate,the following,endorsements: (I):a policy provision oranendorsementwith substantially similar provisions as follows: "The City ofSouth Miami Is an additional Insured.Theinsurer shall payallsumsthat the Cityof South Miami becomes legally obligated to pay as damages because of 'bodily injury",'property damage",or "personaland advertising injury"anditwillprovideto the City all ofthe coverage thatistypicallyprovidedunderthe standard Florida approvedforms for;commercial general liabilitycoverage AandcoverageB"; (2)apolicyprovisionoran endorsement with substantially similar provisions as follows: "This policy shall notbe cancelled (including cancellation fornon-paymentofpremium), terminated pr materially modified without first giving the City of South Miami ten (10)days advanced written noticeof the intenttomateriallymodify the policyortocancelor terminate the policy foranyreason.The notification shall bedeliveredtothe City bycertified mall,with proofof delivery tothe City." Indemnification Requirement A.The Contractor accepts and Voluntarily incurs all risks of any injuries,damages,or harm which might arise during theworkor event thatis occurring onthe CITY's property due tothe negligence orother fault oftheContractor pr anyoneactingthroughoronbehalfoftheContractor. B.the Contractor shall indemnify,defend,save and hold CITY,its officers,affiliates,employees, successors and assigns,harmless from any and all damages,claims,liability,losses,claims,demands,suits,fines, judgments orcostand expenses,including reasonable attorney's fee,s,paralegal feesand investigative costs incidental there to and incurred prior to,during or following any lltigatliih,mediation,arbitration and at all appellate levels,Whichiniay be suffered by,or accrued against,charged M or recoverable from the _ty of South Miami,its officers,affiliates,employees,successors and assigns,by reason ofany causes of actions or claim of any kind or nature,including claims for injury to,or death ofany person or;persons and forthe loss or damage to any property arising outofa negligent error,omission,misconduct,orany gross negligence,intentional act or harmful conduct ofthe Contractor,its cbntrafitor/subcontractor or any oftheir officers,directors;agents,representatives, employees,or assigns,oranyone acting throughoronbehalfofanyof them,arising out ofthis Agreement incident to It,or resulting from die performance or non-performance oftheContractor,obligations underthis AGREEMENT. C The Contractor shall pay all claims,lossesandexpensesofanykindornaturewhatsoever,in connectiontherewith,including the expenseorloss ofthe CITYand/oritsaffectedofficers,affiliates,employees, successorsand assigns,including theirattorney's fees,inthedefenseof any action inlawor equity brought against themand arising fromthe negligent error,omission,oractoftheContractor,its Sub-Contractororany of their agents,representatives,employees,or assigns,and/or arising out of;or incident to,this Agreement,or incidentto orresultingfrom the performanceornon-performance ofthe Contractor's obligations under tnis AGREEMENT* D.the Contractor agrees and recognizes that neither the CITY nor its officers,,affiliates, employees,successorsand assigns shall beheld liable orresponsibleforany claims,includingthe costsand expenses ofdefendingsuch claims whichmayresultfromorariseoutofactionsoromissionsoftheContractor; itscontractor/subcontractororanyoftheir agents,representatives,employees,or assigns,oranyoneacting through oron behalf ofthe them*and arising outofor concerning theworkoreventthatis occurring onthe CITY'sproperty.in reviewing,approving orrejectingany submissions or acts ofthe Contractor*CITYinnoway assumesorsharesresponsibilityor liability fortheactsoromissions ofthe Contractor,its contractor/subcontractor oranyoftheiragents,representatives,employees,or assigns,oranyoneactingthrough or on behalf of them. E.TheContractorhasthedutyto provide adefensewithanattorneyorlaw firm approvedbythe CityofSouth Miami,which approvalwillnotbe unreasonably withheld; Contractor's Responsibility Prior to Receiving a Notice to Proceed PriortotheCity issuing;aNotice to Proceed,thecontractor shall deliver acopy(eitherhardcopyor,preferably, electronically)of the policy,including the declaration page:ofdie policy and all endorsements to the policy and that the contractor shallprovide the Citywith the name,address,including emailaddress,andphonenumberofthe contractor's insurance agent TheContractor's insurance agentmustprovide die City withevidencethattheinsurer issuing the policy,is licensed andauthorizedtodo business in Florida,with policy documentsthathavebeen approved by die Stateof Florida and thatthe insurance carrier isnot issuing the policy asa surplus lines carrier.It shall also request a citationto the pagenumberofthe policy,or the formnumberofthe endorsement thatmeetsthe following City insurance requirements,andrequestthatheorshe highlight therelevant language oftheportionofthe policy and/or the endorsements that in his orher estimation,meets these requirements:: The endorsements orthe policy must provide orshowthat: a)thecityisan additional insured; b)coverage Includes contractual liability; c)theCity will:be provided atleast 10 days advanced notice ofany cancellation ofthe policy,including cancelation for non-payment ofpremiumandat least 30 days'advanced noticeofany material changes tothepolicyorof cancellationforanyreason other thannon-payment;and d)either policy provision oranendorsement providing thatthe policy is primary and non-contributory,suchasan endorsement;that provides thatthe vendor's policy is primary over all ofthe city's applicable insurance andi that; treatsthecity's policies asexcess coverage. It maybethatsomeofthese provisions are combined Into oneendorsementor contained inthepolicy itself. If the policy does not havean advanced noticeof cancellation provision that supplies the City with advanced notice,thecontractorcanstillcomplywiththe insurance requirementifmecontractor provides the dty with proofthatthepolicypremium hasbeen paid in full andprovidedthecontractorpaysamonitoringfee,currently set at$25per month. Detail byiEiitity Name Detail by Entity Name Florida Profit Corporation FHina Information Dacunjem Number FEI/EIN Number Sate Fifed Stat® Status Principal Address SW69THCOURT MIAMI,FL 33155 ehangia:04/13/2013 _i„iii_g _a __ss SI35SW49ST MIAMJ*:FL 33155 Changed:04/28/2012 L49086 e5Dlfp95Q: 02/06*1990 FL Active &Address f^MSECA,FRANKJ.. 653SSW49;ST MIAMI,FL 3^155; Address Changed:02/18/2009 Manf(&&Address TlfeDPS F0NSECA,FRANK J. #_SW49TH;ST MlAMi-FL33155 Annual Reports Report Year 2012 Filed Date M/28/201_ Page 1 of3 :http://se_ch.s^:2/lj=/2O0t5 DetailbyEntityName 2013 201* 04/13/2013 Document images _M2_20^4vfr»MUALR_P J Vfevvijagfe inpDj^rm^J 04/13/2013^ANNUALREPORT |Vievvimj^iriPDFfom 04/28/2012^ANNUAL REPORT |ViewimageinPDFformat ,2/16/2011 ^.ANNUAL JpPQRT Yiewlmagein PDF format •.•.•.;;;;;;;-;-\i..v:..."v.::.:,..,.-wv^wm 01/05/2010^ANNUAL REPORT -•yjjw;irnaag in,PjF foMat 07flfi/_009.-r-ADDRESSJ CHANGE;V^j^ O2i!i&/_009 -annual Mpqrt i Miv^ _3/i;pOQa^Ai^NyAL.RERQRT |View irngg^in PDF format J02/13/2Q07r-ANN^A-.REPQRir View imagein rWiformat 02/0372006—ANNlJA_REr?QRt ,:L tfiew image in PDIF;format 02/25/2005-ANNUAL 06/10/2004 -ANNUAL REPORT 01/30/2003 ^ANNUAL REPORT 03/22/2002 -ANNUAL REPORT 01/25/2001 *•Apfcf&ti REPORT 03/20/2000 -ANNUAL REPORT 03/11/1999 ^ANNUAL REPORT 02/18/1998^ANNUAL REPQRT (Mfflft 997T^ANNUAL REPORT 04a_5M996-ANNUAL REPORT 02/14/1995 ^ANNUAL;REPORT View image in PPFformiat View iirfege in PDFfoijrigt View image in PDF format View image in PDFformat Viewimage iri PDF format :Viewiimage inPDF format yrewimagein PDFfoiimat Vijgw image ;tn PDF format^ •Vi^jm^e Vjfew image in RDF fprmafr View image in PDF format Copyright ©arid IfHtvacy Policies State of Fllorida,Department of State ;e2 6 h^://searchrsuriH 2/i 1/2015 2014 FLORIDA PROFIT CORPORATION ANNUAL REPQRT DOCUMENT*L49Q86 Entity Name:LEADEX CORPORATION Current Principal Place of Business: 2601 SW 69TH COURT MIAMI,FL 33155 FILED Apr12,2014 Secretary of State CC6003658594 Current Mailing Address: 6535 SW 49 ST MIAMI,FL 33155 FEI Number:65-0170950 Name and Address of Current Registered Agent: FONSECA,FRANK;J. 6535 SW 49 ST MIAMI,Fl 33155US Certificate of Status Desired:No Theabovenamedentitysubmitsthisstetementforthepurpose otchangingits registeredofficeorregistered agent,orboth,intheStateof Florida. SIGNATURE: Electronic Signature ofRegisteredAgent Officer/Director Detail: Title DPS Name:FONSECA,FRANK X Address 6535 SW 49TH ST Cily-State-Zip:MIAMI FL33155 "late Ihereby certify that theInformation (ndioalett ohthis mport orsupplemental raped istrua and ecwcale and that myetactronfc slgnalbre ahati have the same legal affect asiftnada under •oath:thaiI aman officer ordirector of the corporation.or 1ha /bj_Vbt ortrustedempowered to execute thisreport aa required by.Chapter 607,Ftortdal Statute*;andthaimy ttameappaara above,oronanattachment tvftt aUother Ifceempowered. SIGNATURE:FRANK J FONSECA PRESIDENT 04/12/2014 Electronic Signature of Signing Officer/Director Detail Date Member Name City of South Miami Bid Number ITQ-PR-2015-01-0-2015/SK New1st Level Flooring at GB BidName Community Center 3 Document(s)found for this bid 12 Planholder(s)found. Supplier Name Address 1 City State Zip Phone Fax Attributes Construction Journal,Ltd,400 SW 7th Street Stuart FL 34994 8007855165 8005817204 Construction Management Experts,Inc.3730 Coconut Creek Pkwy,Suite 103 Coconut Creek FL 33066 9549792300 9549790879 1.Smalf Business Continental Flooring Company 9319 N.94th Way Scottsdale AZ 85258 4809498509 4809452603 Decon Environmental & Engineering 2652 N.w.31st Ave.Ft.Lauderdale FL 33311 9544858800 9544858809 1.Small Business 2.Woman Owned Decon Environmental & Engineering Inc.2652 nw 31 ave.FT.Lauderdale FL 33311 9544858800 9544858809 isqft-MAINACCT 4500 Lake Forest Drive Cincinnati OH 45242 8772271680 8665708187 MCM 6201 SW 70th Street Miami FL 33143 3055410000 3055419771 Nelco Construction 403 West MLK Blvd Tampa FL 33603 8132812753 8132819596 NYC Construction Group,Inc.2475 Mercer Avenue West Palm Beach FL 33401 5612833333 5614296654 Reed Construction Data 30 Technology Parkway South,Suite 100 Norcross GA 30092 8009018687 8775633534 SA Consultants,LLC 2150 CoralWay,Suite 7B Miami FL 33145 3058579220 3058579221 1.Woman Owned VendorLfnk LLC 12201 Research Parkway Orlando |FL 32826 4074010031 1111111111 1.Small Business