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Res No 070-15-14409RESOLUTION NO.070-15-14409 A Resolution authorizing the City Manager to enter into a contract with Firepower Displays Unlimited,LLC for the City's 2015 Fourth of July fireworks display foran amount not to exceed $10,000. WHEREAS,the City issued an Invitation to Quote for interested firms to provide a fireworks display for the Fourth of July celebratory event;and WHEREAS,the solicitation was posted on the City's website and Demand Star,a subscriber services that connects government with business;and WHEREAS,the Citydid not receive any proposals as a result of the solicitation and in an effort to secure proposals,the Procurement Division solicited quotations verbally;and WHEREAS,the verbal solicitation activity found that a majority of firms contacted were booked for the Fourth of July;and WHEREAS,one proposal was received from the company that provided a fireworks display for the City's 2014 Fourth of July celebratory event. NOW,THEREFORE,BEIT RESOLVED THE MAYOR AND CITY COMMISSION OFTHECITY OF SOUTH MIAMI,FLORIDA: Section 1.The City Manager is authorized to enter into a contract with Firepower Displays Unlimited,LLC for the City's 2015 Fourth of July fireworks display for an amount not to exceed $10,000. Section 2.Severability.If any section,clause,sentence,or phrase of this resolution is for any reason held invalid or unconstitutional bya court of competent jurisdiction,this holding shall not affect the validity of the remaining portions of this resolution. Section 3.Effective Date:This resolution shall take effect immediately upon enactment. PASSED AND ENACTED this 5£h day of. ATTEST: READAND AP>ROVED ASTOFORM, LANGUAGE.LEGALITY AND THEREOF \^CIlV^fORNEY May _,2015. APPROVED: COMMISSION VOTE:4_0 Mayor Stoddard:Yea Vice Mayor Harris:Yea Commissioner Welsh:Absent Commissioner Liebman:Yea Commissioner Edmond:Yea wm\South1'Miami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM TO: From: Date: Subject: Background: TheHonorableMayor&MembersoftheCityCommission Steven Alexander,City Manager May 5,2015 Agenda Item No.:(jSO^^S Recommendation: A Resolution authorizingthe City Managertoenterintoacontractwith Firepower Displays Unlimited,LLC for theCity's2015 Fourth ofJuly fireworks displayforanamountnottoexceed $10,000, On April 6,2014,a solicitation wasinitiatedbythe evqits staffforthe City's annual 2015 Fourth of July fireworks displayandcelebratoryeventat PalmerPark.Thesolicitationwasadvertisedon the City'swebsite, DemandStarand,five companieswerealsocontactedthroughtheadvising of the solicitation. Thesolicitationclosedon April 21,2014however,theCitydidnotreceive any proposals apparently dueto previous commitments.The Procurement Division immediately beganto solicit quotes verbally.The results ofthe verbaloutreachareincludedinthebackup.Fourofthesixcompanies contacted reported they were already booked for the July 4th and,had been since earlier in theyear. The Staff recommendation istoawardthecontractto Firepower Displays Unlimited,LLC;whichisthesamecompanywho provided theCity's fireworks displayforthe 2014 Fourth ofJulyevent. In thefuture,toensuretheCityreceives firework competitiveproposalsfor future July 4th fireworks event ona timely basis,"Special Events"will commencethe solicitation process a minimum of8to 10 monthspriorto the event. $10,000 001-2000-572-4820 (Promotional Events/Special Events) Resolution Invitation to Quote #PR2015-06 Bid Opening Report Demand Star Results Solicitation Notifications Verbal Quotation Record Contract&Proposal,Firepower Displays Unlimited,LLC Sun Biz Confirmation. Amount: Account: attachments: Southr Miami IKE CTTY Ol PLEASANT UVtKC SUBMITTEDTO:CityClerk NAME: ADDRESS: CITY/STATE: PHONE: MANDATORY PRE-QUOTE MEETING: QUOTE SUBMISSION REQUIREMENTS: Quotes submitted after 10AM on the due date willnotbeacceptedunless otherwise specifiedin the quote document ofatimechange.All quotes willbe submitted to the CityClerksOfficeinasealedenvelope.Thelabelontheon the envelope needs to read as follows: City of South Miami Maria M.Menendez,CMC 6130 Sunset Drive South Miami,Fl.33143 Project Name:City of South Miami Fireworks Display Mustinputprojectnameand 1TQ No.Iflabeldoesnothaveallinformationaboveyourquotewillnotbeaccepted. INSURANCE REQUIREMENTS: The CITY'S insurance requirements are attached {Exhibit1).Asaconditionof award,the awarded vendor mustprovidea certificate of insurance naming the cityas additional insured. AFFIDAVITS REQUIRED WITH SUBMITTAL:(Exhibit 21 Respondents must complete andsubmit with yourquoteaffidavits provided in Exhibit 2. CONTRACT:(Exhibit 3) Asa Condition ofAward,Respondents must sign the attached (Exhibit3)and submit with your quote. QUESTIONS: AnyRequestsforadditionalinformationorquestionsmustbein writing,emailedby10AMlocal time onApril 17,2015 to the attention of Mr.Steven Kulfck,Purchasing Manager at skuHck<©southmiarnrfl.gov. SCOPE OF SERVICES DESCRIPTION (TO BE COMPLETED BY CITY): [ Maria Menendez,CMC 6130 Sunset Drive Miami,Florida 33134 305-663-6339 CITY OF SOUTH MIAMI INVITATION TO QUOTE ITQJfPR2015-06 LUMP SUM PROPOSAL None Scheduled PROJECT: ADDRESS: CITY/STATE: ISSUE DATE: E-MAIL DUE DATE: REFERTO "SCOPE OF SERVICES,"COPY ATTACHED DESCRIPTION OF WORK TO BE PERFORMED BY CONTRACTOR: City of South Miami Fireworks Display Palmer Park;6100 SW 67 Avenue South Miami,Fl 33143 Monday April 6,201S skulick(S>southmiamifl.gov. Tuesday,April 21,2015 at 10AM Item Number Item Description Unit Qty Amount Refer to "Scone of Services."Codv Attached LUMP SUM TOTAL Contractor shall furnish allmaterials and equipment necessary to secure completion ofthe work.Contractor shall be compensated according tothequotesubmitted.Contractor is responsible to secure all permits and should be reflected in the LumpSum quote.Contractor may choose to submit a quote oncompany letterhead butmustbe attached to this form. Print/Type Name: Signature: E-mail: Firm Name: Address: DEADLINE TO SUBMIT IS APRIL 21,2015 BY 10 AM Phone: Date: Fax: F.EJ.N.No.: City: THEEXECUTIONOFTHISFORMCONSTITUTESTHEUNEQUIVOCALOFFEROFPROPOSERTOBEBOUNDBYTHETERMSOF ITS PROPOSAL FAILURETOSIGNTHISSOLIQTATIONWHEREINDICATEDABOVEBYAN AUTHORIZEDREPRESENTATIVE SHALLRENDERTHEPROPOSALNON-RESPONSIVE.THEOTYMAY.HOWEVER,IN ITSSOLEDISCRETION,ACCEPTANYPROPOSALTHAT INCLUDES AN EXECUTED DOCUMENT WHICHUNEQUIVOCALLYBINDSTHEPROPOSERTOTHETERMSOF ITS OFFER.THE CITY'S REQUESTFORQUOTES IS FORTHELOWESTANDMOSTRESPONSIVEPRICE.THECTTYRESERVESTHE RK3HTTO AWARD THE PROJECT TO THE FIRM CONSIDERED THE BEST TO SERVE THE CITY'S INTEREST. Scope of Services Invitation to Quote:(ITQ #PR2015-06) City of South Miami Fireworks Display for July 4>2015 Show time:After Dusk;Approx.9:15 PM "Lump Sum Quote" I*Scope: TheCityof South Miami is seeking quotations from experienced and capable partiesto develop acustom fireworks display foraperiodof 12 to 15 minutes on July 4,2015,attheCityof South Miami's PalmerPark.Respondent shall furnish all materials andequipmentnecessaryto securethecompletionofthework.Theworkincludesthedelivery,set-upanddisposalof fireworksand all related materials and equipment and,obtaining all permitsrelatedto fireworks andreflectedintheRespondents "Lump Sum"quote. Note:The Respondent shallhaveaccesstothe she locationfor set-up andshallwork with the City'sParks &Recreation Department and Special Events Coordinator to ensure all necessary access is provided to meet the approximate show time and date. 2.Permits and Safety: Respondent shall beresponsibleto secure all permitsandconformtoall municipal regulations relating to fireworks displays.Respondent shall be responsible for obtaining permitting through Miami DadeCountyFireDepartmentforthe Fireworks Display and,coordinating a final walk through.TheRespondent shall verify andassume responsibility thatthe firing areaprovidedby the City conforms to NFPA Code 1123-1995,which states that there must beatleast70feet perinchofshelldiameterbetween firing siteandanyspectators,cars or buildings.The display program requires asafety zone that hasaradiusof350feet,if5"shells are to beused. TheCityofSouth Miami shall providepoliceandadequateparkingsupervisionatthedesignated locationsand shall ensurethe "Safety Zone"asmarkedand secured bytheRespondent,and ispatrolleduntilthe Respondent advisesCitypersonnel that the "Safety Zone"isnolonger needed. 3.Site Location: TheFireworks Display shallbeheldattheCityofSouth Miami's PalmerParklocatedat 6100 SW 67 Avenue,South Miami,FL 33143. 4.Rain Date: In the event of inclement weather and the displaymustbecancelledonJuly4,2015;aRain DateofJuly5,2015 hasbeenestablished;all prices,terms andconditions shall apply. 5.Minimum Shell Count: Shell Count:The Respondent shall,ata minimum,provideadisplay that includes the following estimated shell count OPENING BODY FINALE TOTAL SHELLS 2.5 Shells 72 72 144 3"Shells 120 300 420 4"Shells 18 198 72 288 5"Shells None None None None CAKES 600 Shots 1200 Shots 1800 Shots 6.Fireworks Effects: The display shall include,butnotbe limited to,the following fireworks effects: •ASSORTED MINES,ASSORTED COLOR,PEONIES & CHRYSANTHEMUMS -bursts resemblingaroundandweepingflowerpattern, •WHISTLES -a break of color,followedbywhistles, •SCREAMING DRAGONS -abreakofbright magnesium colorsfollowedbyloud screaming whistle, •GOLD FLITTER,SILVER OR GILTER CROSSETTES -explodingcomets cracklingintocrisscrossingeffects, •FANCY STAR SHELLS -Assorted brilliantcolorsinvarious patterns, •SPIDERWEBS -long hanging fine websofgold or silver, •TOURBILLIONS -titaniumsilverspinningeffects, •RINGSHELLS -assorted ring patterns ofdifferent colors ofone,two,three or five different colors* •GOLDEN,SILVER,GLITTERING OR CRACKLING PALM TREES -apalm tree image with trunk-like different forms, ASSORTED TWO and THREE COLOR CHANGING CHRYSANTHEMUMS &&PEONIES -two or three distinctcolorchangesthatresemblea round and weeping flower pattern, STROBES -avarietyofbright twinkling shells, ASSORETED COLOR BROCADES -adensegolden,silver or assortedcolor effect ending atthetipswithan umbrella-like canopy cascading and falling low, MULTI-BREAK SALUTE SHELLS -avarietyofsaluteeffectsthat incorporate multiple powerful reports intothe display, ASSORTED COMETS,bright luminous thicktailwithcomet-likeappearancewith various colors, ASSORTED TIGERTAILS,similar to comets, ASSORTED MINES,projectsvarioustypesofeffectandcoloredstars that are launchedandignitedatalowaltitude, TITANIUM SALUTES -theseshellsexplodeintoaburstof brilliant whitelightsand booming reports, ASSORTED COLOR &CRACKLING EFFECTS -assortedcolor peonies and chrysanthemumswith crackling effects, WILLOWS -very fine lines with an umbrella like effect cascading slowly. Additional fireworks may be acceptable upon review and approval by the City's Projea Manager for this event TheCityreservestherighttoawardtheProjecttothe Respondent withthelowest,most responsive,responsible Proposal,as determined bytheCity,subjecttotherightoftheCity,or theCity Commission,toreject any and all proposals,andthe right ofthe City to waive any irregularity inthe Proposals or ITQ procedureandsubjectalsototherightoftheCityto awardtheProject,and execute a contract witha Respondent or Respondents,other thanto the one whoprovidedthelowestProposalPrice. EXHIBIT I Insurance &Indemnification Requirements 1.01 Insurance A.Without limiting its liability,thecontractor,consultantorconsultingfirm(hereinafterreferredtoas "FIRM"withregard to Insurance and Indemnification requirements)shall berequired to procureand maintain atitsown expense during the lifeoftheContract,insurance of the typesandin the minimum amounts stated below aswill protect the FIRM,fromclaimswhichmayarise out ofor result from the contractortheperformanceofthecontractwith the CityofSouth Miami,whether suchclaimisagainst the FIRM oranysub-contractor,orbyanyonedirectlyorindirecdyemployedbyany of them orby anyonefor whose actsanyof them maybe liable. B.Noinsurancerequiredby the CITY shall beissuedor written byasurpluslinescarrierunless authorized inwritingby the CITY andsuchauthorization shall beat the CITY's soleandabsolutediscretion.The FIRM shallpurchaseinsurancefromand shall maintain the insurancewitha company or companies lawfully authorized to sellinsuranceintheStateof Florida,onformsapprovedbytheStateof Florida,as will protect the FIRM,ataminimum,from all claimsas set forthbelowwhichmayarise out of orresult fromthe FIRM's operationsundertheContractandforwhichthe FIRM maybe legally liable,whether suchoperationsbeby the FIRM orbyaSubcontractororbyanyonedirectlyorindirecdy employed by anyof them,orbyanyoneforwhoseactsanyofthemmaybe liable:(a)claims under workers' compensation,disability benefit and other similaremployee benefitactswhichareapplicableto the Work tobeperformed;(b)claims for damages becauseofbodily injury,occupational sicknessor disease,or deathofthe FIRM's employees;(c)claimsfor damages becauseofbodily injury,sicknessordisease,or deathofanypersonotherthanthe FIRM's employees;(d)claims for damages insuredby usual personal injury liability coverage;(e)claimsfor damages,other thantothe Work itself,because of injury to or destructionoftangibleproperty,including lossofuseresultingthere from;(f)claims for damages because ofbodily injury,death of apersonorproperty damage arising outofownership,maintenanceoruseofa motor vehicle;(g)claimsforbodilyinjuryorpropertydamagearisingout of completed operations;and (h)claimsinvolvingcontractual liability insurance applicable tothe FIRM'S obligationsunderthe Contract 1.02 Firm's Insurance Generally.The FIRM shall provideand maintain inforceandeffectuntil all the Work to beperformedunderthis Contract hasbeencompletedandacceptedbyCITY(orforsuch duration asis otherwise specifiedhereinafter),the insurancecoveragewrittenon Florida approvedformsandas set forth below: 1.03 Workers'Compensation Insuranceat the statutory amount as to all employees incompliancewiththe "Workers'Compensation Law"of theStateof Florida including Chapter440,Florida Statutes,aspresentlywritten orhereafter amended,and all applicable federal laws.In addition,the policy (ies)must include:Employers'Liability at the statutory coverage amount The FIRM shall furtherinsurethatallofits Subcontractors maintainappropriate levelsof Worker's Compensation Insurance. 1.04 Commercial Comprehensive General Liability insurancewithbroadform endorsement,aswellas automobile liability,completedoperationsandproducts liability,contractual liability,severability of interest with cross liability provision,andpersonalinjuryandpropertydamage liability withlimitsof$1,000,000combinedsingle limitperoccurrenceand$2,000,000 aggregate,including: •Personal Injury:$1,000,000; •Medical Insurance:$5,000perperson; •Property Damage:$500,000eachoccurrence; 1.05 UmbrellaCommercial Comprehensive General Liability insurance shall be written ona Florida approved formwith the samecoverageas the primaryinsurancepolicybutintheamount of $1,000,000perclaimand $2,000,000AnnualAggregate.Coverage must beaffordedonaformnomorerestrictivethan the latesteditionof theComprehensiveGeneral Liability policy,withoutrestrictiveendorsements,as filed bythe Insurance Services Office,and must include: (a)Premisesand Operation (b)Independent Contractors (c)Productsand/or Completed OperationsHazard (d)Explosion,Collapse and Underground Hazard Coverage (e)BroadForm Property Damage (f)Broad Form Contractual Coverage applicable to this specific Contract,including anyholdharmless and/orindemnification agreement (g)Personal Injury Coveragewith Employee and Contractual Exclusions removed,with minimum limitsof coverageequal to those requiredforBodily Injury Liability andProperty Damage Liability. 1.06 Business Automobile Liability withminimumlimitsofOne Million Dollars ($1,000,000.00)plusan additional One Million Dollar ($1,000,000.00)umbrella peroccurrencecombined single limitfor Bodily Injury Liability andProperty Damage Liability.Umbrellacoveragemustbeaffordedonaformnomorerestrictivethan thelatesteditionofthe Business Automobile Liability policy,withoutrestrictiveendorsements,as filed bywiththe state of Florida,and must include: (a)Owned Vehicles. (b)Hiredand Non-Owned Vehicles (c)Employers'Non-Ownership 1.07 SUBCONTRACTS:The FIRM agrees thatifanypartofthe Work undertheContractis sublet,the subcontract shall containthesame insurance provision assetforthinsection 5.1 aboveand5.4belowand substitutingthe word Subcontractorfortheword FIRM andsubstitutingtheword FIRM for CITY where applicable. 1.08 Fire andExtendedCoverage Insurance (Builders'Riskl \F APPLICABLE A.In the event that this contract involves the construction of a structure,the CONTRACTOR shall maintain,withan Insurance Companyor Insurance Companies acceptable totheCITY,"Broad"form/All Risk Insurance on buildings andstructures,including Vandalism &Malicious Mischief coverage,whilein the courseofconstruction,including foundations,additions,attachmentsand all permanentfixtures belonging toandconstitutingapartof said buildings or structures.The policy or policies shall alsocover machinery,ifthecostofmachineryis included inthe Contract,orifthemachineryislocatedina building thatisbeingrenovatedbyreason of this contract Theamount of insurancemust,at all times,beatleast equalto the replacementand actual cashvalue of theinsuredproperty.Thepolicy shall beinthenameof theCITYandtheCONTRACTOR,astheirinterestmayappear,and shall also covertheinterestsof all Subcontractors performing Work. B.Allofthe provisions setforthin Section 5.4hereinbelow shall apply tothis coverage unless itwouldbe clearly not applicable. 1.09 Miscellaneous: A.Ifanynotice of cancellation of insurance orchangeincoverageisissuedbytheinsurancecompanyor shouldanyinsurancehaveanexpirationdatethat will occurduringtheperiodofthis contract,the FIRM shall beresponsibleforsecuringother acceptable insurance priortosuch cancellation,change,or expirationsoastoprovidecontinuouscoverageas specified inthissectionandsoasto maintain coverageduring the life of this Contract B.Alldeductiblesmustbedeclaredbythe FIRM andmustbeapprovedbytheCITY.At theoption of the CITY,either the FIRM shalleliminate or reducesuchdeductibleor the FIRM shall procure a Bond,in a formsatisfactoryto the CITYcoveringthesame. C.Thepolicies shall containwaiver of subrogation against CITY where applicable,shall expresslyprovide thatsuchpolicyorpoliciesareprimaryoverany other collectibleinsurancethatCITYmayhave.The CITYreserves the rightatanytimetorequestacopyoftherequired policies forreview.All policies shall containa"severabilityof interest"or "cross liability"clause without obligation forpremium paymentof the CITYaswellas contractual liability provision coveringtheContractorsdutytoindemnify the Cityasprovidedinthis Agreement D.Beforestarting the Work,the FIRM shall delivertotheCITYand CONSULTANT certificatesofsuch insurance,acceptable to the CITY,aswellas the insurancebinder,if one isissued,the insurancepolicy, including the declaration pageand all applicable endorsementsandprovidethename,addressand telephone number of the insuranceagentor broker through whom thepolicywasobtained.Theinsurer shall berated A.VII or better per AM.Best'sKey Rating Guide,latesteditionandauthorizedtoissue insurancein the State of Florida.Allinsurancepoliciesmustbe written onformsapprovedbytheState of Florida and they must remainin full forceandeffectforthedurationofthecontractperiodwith the CITY.The FIRM mayberequiredby the CITY,atitssolediscretion,toprovidea"certifiedcopy"ofthe Policy (asdefinedinArticle I ofthisdocument)which shall includethe declaration page and all required endorsements.In addition,the FIRM shalldeliver,atthe time ofdelivery of the insurancecertificate,the following endorsements: (1)apolicyprovisionoran endorsement with substantially similar provisionsas follows: 'The City of South Miami isan additional insured.Theinsurer shall pay all sumsthat the City of South Miami becomes legally obligated to payasdamagesbecause of 'bodily injury",'property damage',or"personaland advertising injury"anditwillprovideto the City all ofthecoverage thatistypicallyprovidedunderthestandard Florida approvedformsforcommercialgeneral liability coverageAandcoverageB"; (2)apolicy provision oranendorsementwith substantially similar provisionsas follows: "Thispolicy shall not be cancelled (including cancellation fornon-paymentofpremium), terminatedormateriallymodified without first giving theCityofSouth Miami ten (10)days advanced writtennoticeoftheintentto materially modifythepolicyorto cancel orterminate the policyforanyreason.Thenotification shall bedeliveredtotheCitybycertified mail,with proof of delivery to the City." E.If the FIRM isprovidingprofessional services,suchaswouldbeprovidedbyanarchitect,engineer, attorney,or accountant to nameafew,theninsucheventandinaddition to the above requirements, the FIRM shall alsoprovide Professional Liability Insurance ona Florida approvedforminthe amount of $1,000,000 withdeductibleperclaim if any,not to exceed 5%of the limit of liabilityprovidingforall sumswhichtheRRM shall become legally obligatedtopayas damages forclaims arising out of the servicesor work performedbythe FIRM its agents,representatives,Sub Contractors or assigns,orby anypersonemployedorretainedbyhiminconnection with this Agreement Thisinsurance shall be maintainedforfouryearsafter completion of the construction andacceptance of anyProject covered by this Agreement However,the FIRM may purchase Specific Project Professional Liability Insurance,inthe amountandunderthe terms specified above,whichisalso acceptable.Noinsurance shall beissuedbya surplus linescarrierunlessauthorizedinwritingbythecityatthecity'ssole,absoluteandunfettered discretion. Indemnification Requirement A.The Contractor acceptsandvoluntarilyincurs all risksofany injuries,damages,orharmwhichmight ariseduring the work or event that isoccurringontheCITY'spropertyduetothenegligenceor other faultofthe Contractor oranyoneactingthroughoronbehalf of theContractor. B.TheContractor shall indemnify,defend,saveandholdCITY,its officers,affiliates,employees, successorsand assigns,harmlessfromanyand all damages,claims,liability,losses,claims,demands,suits,fines, judgmentsor cost andexpenses,including reasonableattorney'sfees,paralegal feesandinvestigativecosts incidental there toandincurredpriorto,duringor following any litigation,mediation,arbitrationandatall appellate levels,whichmaybesufferedby,oraccruedagainst charged toorrecoverablefromtheCityofSouth Miami,itsofficers,affiliates,employees,successorsand assigns,byreason of anycauses of actionsorclaim of any kind or nature,includingclaimsforinjuryto,ordeathofanypersonorpersonsandfor the lossordamagetoany property arising out of anegligent error,omission,misconduct,oranygrossnegligence,intentionalact or harmful conduct of the Contractor,its contractor/subcontractor oranyof their officers,directors,agents,representatives, employees,or assigns,oranyoneactingthrough or onbehalfofanyof them,arising out of this Agreement, incident to it,orresultingfrom the performanceornon-performanceof the Contractor's obligationsunderthis AGREEMENT. C.TheContractor shall pay all claims,lossesandexpensesofanykindornaturewhatsoever,in connectiontherewith,including the expense orlossoftheCITYand/oritsaffectedofficers,affiliates,employees, successorsand assigns,including theirattorney'sfees,inthedefense of anyactioninlaworequitybrought against them andarisingfrom the negligenterror,omission,oractofthe Contractor,"its Sub-Contractor orany of their agents,representatives,employees,or assigns,and/or arising outof,orincidentto,this Agreement orincidentto or resulting fromtheperformanceornon-performanceoftheContractor's obligations underthis AGREEMENT. D.TheContractoragreesand recognizes thatneithertheCITYnoritsofficers,affiliates,employees, successorsand assigns shall beheld liable orresponsibleforany claims,including the costs and expenses of defendingsuchclaimswhichmayresultfromorarise out of actionsoromissionsof the Contractor,its contractor/subcontractor oranyoftheiragents,representatives,employees,or assigns,or anyoneacting through oronbehalf of the them,andarising out of orconcerning the work or event thatisoccurringontheCITY's property.In reviewing,approvingorrejectinganysubmissionsoractsof the Contractor,CITYinnowayassumes orshares responsibility or liability fortheactsoromissionsoftheContractor,its contractor/subcontractor orany of their agents,representatives,employees,or assigns,oranyoneactingthroughoronbehalfofthem. E.TheContractorhasthedutytoprovideadefensewithanattorneyorlawfirmapprovedby the City ofSouth Miami,which approval willnotbe unreasonably withheld. F.However,as to design professional contracts,andpursuanttoSection725.08(I),Florida Statutes, none of the provisions set forthhereinabove that areinconflictwiththissubparagraphshallapplyand this subparagraph shall setforththesole responsibility ofthe design professional concerning indemnification.Thus, the design professional's obligations astotheCityandits agencies,aswellastoitsofficersandemployees,isto indemnify andhold them harmlessfrom liabilities,damages,losses,and costs,including,but not limited to, reasonable attorneys'fees,to the extent causedby the negligence,recklessness,orintentionallywrongful conduct of the designprofessionaland other personsemployedorutilizedby the designprofessionalin the performance of the contract. EXHIBIT 2 INVITATION TO QUOTE AFFIDAVITS AND FORMS SUBMISSION REQUIREMENTS Thislistingindicates the formsand documents required to be submitted forthissolicitationand to be presented by the deadlinesetfor within thesolicitation.Fulfillment ofallsolicitation requirements listedis mandatory forconsiderationof response to the solicitation.Additional documentsmayberequiredand,ifso,they will beidentifiedinanaddendumtothis ITQ.The response shallinclude the following items: 1.Non-Collusion Affidavit 2.Public Entity Crimes andConflictsof Interest 3.Drug Free Workplace 4.Acknowledgement of Conformance withOSHA Standards 5.RelatedParty Transaction VerificationForm 6.Presentation Team Declaration/Affidavit of Representation 7.Signed Contract Document (All-includingGeneral Conditions and Supplementary Conditions if attached.EXHIBIT 3 NON COLLUSION AFFIDAVIT STATEOFFLORIDA ) ) COUNTY OFMIAMI-DADE) .beingfirstdulysworn,deposes andstatesthat: (I)He/She/They is/are the _ (Owner,Partner,Officer,Representative orAgent)of the Respondent that has submitted the attachedProposal; (2)He/She/They is/are fully informed concerning the preparation andcontentsofthe attached Proposal andof all pertinent circumstances concerning such Proposal; (3)Such Proposal is genuine andisnota collusive orsham Proposal; (4)Neither the said Respondentnoranyofits officers,partners,owners,agents,representatives, employeesorpartiesin interest,including this affiant,haveinanywaycolluded,conspired,connived oragreed,directlyor indirectly,withanyotherRespondent,firm,orpersontosubmitacollusiveor sham Proposal inconnectionwiththe Work for which the attached Proposal hasbeen submitted;or to refrain from Bidding or proposing in connection with such Work;or have inany manner,directly or indirectly,soughtby agreement or collusion,or communication,or conference withany Respondent,firm,or person to fix any overhead,profit,orcostelementsofthe Proposal orofany otherRespondent,ortofixany overhead,profit,orcostelementsofthe Proposal Price orthe Proposal Price ofanyother Respondent,ortosecure through any collusion,conspiracy,connivance, or unlawful agreementany advantage against (Recipient),orany person interestedinthe proposed Work; (5)The price or prices quotedinthe attached Proposal are fair and proper and arenot tainted byany collusion,conspiracy,connivance,or unlawful agreement onthepartoftheRespondentoranyother of its agents,representatives,owners,employeesor parties of interest including thisaffiant Signed,sealedanddeliveredin the presence of: By: Witness Signature Witness Print Name and Title Date ACKNOWLEDGEMENT STATEOF FLORIDA ) ) COUNTY OF MIAMI-DADE ) Onthisthedayof ,20,beforeme,the undersigned Notary Public oftheState of Florida,personally appeared(Name(s)of individual(s)who appeared before notary);and whose name(s)is/areSubscribedtothe withininstrumentandhe/she/they acknowledge thathe/she/theyexecutedit. Thomas F.Pepe 02-23-15 10 WITNESS myhandandofficialseal. NOTARY PUBLIC: SEAL OF OFFICE: Thomas F.Pepe 02-23-IS Notary Public,State of Florida (NameofNotary Public:Print,Stamportypeas commissioned.) Personally known to me,or Personal identification: Type of Identification Produced __Did take anoath,or _____Did Not take an oath. PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant tothe provisions of Paragraph (2)(a)of Section 287.133,Florida StateStatutes-"Apersonor affiliate whohasbeen placed ontheconvictedvendorlist following a conviction fora public entitycrimemaynotsubmita Proposal orbidonaContractto provide any goods or services toa public entity,maynotsubmita Bid or proposal fora Contract witha public entityforthe construction of repair ofa public building or public work,may notsubmitbidsor proposals on leases or real propertytoa public entity,maynotbe awarded toperform Work asa RESPONDENT,Sub-contractor,supplier,Sub-consultant or Consultant underaContractwithany public entity,andmaynottransactbusinesswithany public entityinexcessofthethresholdamountCategoryTwoof Section 287.017,Rorida Statutes,forthirtysix (36)monthsfromthedateof being placed ontheconvictedvendor list". The award ofanycontracthereunderissubjecttothe provisions ofChapter 112,Florida StateStatutes. Respondentsmust disclose withtheir Proposals,thenameofany officer,director,partner,associate oragentwho isalsoanofficeroremployeeoftheCityofSouth Miami orits agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3)(a), FLORIDA STATUTES.ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO INTHEPRESENCEOFA NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. I.This sworn statement is submitted to [printname of the publicentity] by. for [print individual's nameandtitle] [print name of entitysubmittingswornstatement] whose business address is and(if applicable)its Federal Employer Identification Number (FEIN)is (Ifthe entity has no FEIN,include the Social Security Numberofthe individual signing thissworn statement .) 2.I understand thata "public entity crime"as defined in Paragraph 287.133 (l)(g),Rorida Statutes. meansa violation ofanystateor federal law bya person with respecttoand directly related tothe transaction of business withany public entityorwithan agency or political subdivision ofanyotherstate orofthe United States,including,butnot limited to,any bid,proposal or contract for goods or services tobe provided toany public entityoran agency or political subdivision ofanyotherstateorofthe 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,withorwithoutan adjudication of guilt,inany federal orstate trial courtof record relating to charges broughtbyindictmentor information after July 1,1989,asaresultofa jury verdict,non-jury trial,orentryofa plea of guilty or nolo contendere. 4.I understand thatan "affiliate"as defined in Paragraph 287.133(1)(a),Florida Statutes,means: (a)A predecessor or successor ofa person convicted ofa public entity crime;or (b)Anentityunderthe control of any natural person whois active inthe management oftheentity andwhohasbeenconvictedofa public entitycrime.The term "affiliate"includes those officers, directors,executives,partners,shareholders,employees,members,andagentswhoareactivein Thomas F.Pepe 02-23-15 |2 themanagementofan affiliate.Theownershipbyonepersonofsharesconstitutingacontrolling interest inany person,or apooling of equipment or income among persons when not forfair marketvalueunderanarm'slengthagreement,shall beaprimafadecasethatoneperson controlsanotherperson.Apersonwhoknowinglyentersintoajoint venture withaperson who hasbeen convicted ofa public entitycrimein Florida during the preceding36 months shall be considered an affiliate. 5.I understand thata"person"as defined in Paragraph 287.133 (I)(e),Florida Statutes,meansany natural personorentityorganizedunderthelawsofanystate or of the UnitedStateswith the legal powerto enter intoabinding contract andwhichbidsorproposalorapplies to bidorproposalon contractsfor the provision of goodsorservicesletbyapublicentity,or which otherwise transacts or appliesto transact businesswithapublicentity.The term "person"includes those officers,directors, executives,partners,shareholders,employees,members,andagents who areactivein management ofan entity. 6.Based on information and belief,the statement which I have marked below is true in relation to the entitysubmittingthissworn statement.[Indicate which statement applies.] Neither theentitysubmittingthissworn statement norany of itsofficers,directors,executives, partners,shareholders,employees,members,oragentswhoareactiveinthemanagementoftheentity, norany affiliate of theentityhasbeen charged withandconvictedofapublicentitycrimesubsequentto July I,1989. The entity submittingthissworn statement,orone or more of itsofficers,directors,executives, partners,shareholders,employees,members,oragentswhoareactiveinthemanagementoftheentity, oran affiliate of the entityhasbeenchargedwithandconvictedofapublicentitycrimesubsequenttoJuly I,1989. .The entity submittingthisswornstatement,orone or more of itsofficers,directors,executives, partners,shareholders,employees,members,oragentswhoareactivein the managementoftheentity, oran affiliate of the entityhasbeenchargedwithandconvictedofapublicentitycrime subsequent ofJuly I,1989.However,therehasbeenasubsequentproceedingbeforea Hearing OfficeroftheStateof Florida,Division of Administrative Hearings andthe Final Order entered by the Hearing Officer determined that "it wasnotin the publicinteresttoplace the entity submittingthissworn statement on theconvictedvendorlist [attach acopyofthe final order.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE)ABOVE IS FOR THAT PUBUCENTITY ONLY,AND THAT THISFORMISVALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED.I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017,FLORIDA STATUTES.FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. [Signature] Sworntoandsubscribedbeforemethis dayof ,20_ Personallyknown ORProduced identification Notary Public -Stateof _ My commission expires _ (Typeof identification)(Printed,typedorstamped commissioned FormPUR7068 (Rev.06/1 I/92)name of notarypublic) Thomas F.Pepe 02-23-IS |3 DRUG FREE WORKPLACE Whenever twoormore Bids or Proposals whichare equal withrespectto price,qualityandservicearereceived bytheStateorbyany political subdivisions fortheprocurementofcommoditiesor contractual services,aBidor Proposal received froma business that certifies thatithas implemented a drug-free workplace program shall be givenpreferenceinthe award process.Established proceduresfor processing tieBidsor Proposals shall be followed ifnoneofthetied vendors have a drug-free workplace program.In order to have a drug-free workplace program,abusinessshall: 1)Publish astatement notifying employeesthatthe unlawful manufacture,distribution,dispensing, possession,oruseofacontrolled substance is prohibited intheworkplaceand specifying the actionsthat shall betaken against employeesfor violations ofsuch prohibition. 2)Inform employeesaboutthe dangers ofdrugabuseinthe workplace,the business*policy of maintaining a drug-free workplace,any available drug counseling,rehabilitation,andemployee assistance programs,andthe penalties thatmaybeimposeduponemployeesfordrugabuse violations. 3)Giveeachemployee engaged in providing thecommoditiesor contractual servicesthatareunder Bid acopyofthestatement specified in Subsection (I). 4)In thestatement specified in Subsection (I),notifythe employees,thatasa condition ofworking ofthecommoditiesor contractual servicesthatareunder Bid,heemployee shall abidebythe termsofthestatement and shall notifythe employee ofany conviction of,or plea of guilty or nolo contendere to,any violation ofChapter893orofanycontrolledsubstancelawoftheUnited Statesorany state,fora violation occurring inthe workplace nolaterthan five (5)business days after such conviction. 5)Imposea sanction on,or require the satisfactory participation inadrugabuse assistance or rehabilitation program,ifsuchis available intheemployee'scommunity,byanyemployeewhois so convicted. 6)Make agood faith effortto continue to maintain a drug-free workplace through implementation of this section. Asthepersonauthorizedto sign thestatement I certifythatthis firm complies fully withtheaboverequirements. RESPONDENTS Signature: Print Name: Date: Thomas F.Pepe 02-23-15 14 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS TO THE CITY OF SOUTH MIAMI We,,(NameofCONTRACTOR),herebyacknowledgeandagree that as CONTRACTORforthe Invitation Quote project as specified inthesolicitation documents havethesole responsibilityforcompliancewithall the requirements oftheFederalOccupationalSafetyandHealthAct of 1970, andallStateandlocalsafetyandhealthregulations,andagreeto indemnify and hold harmless the City of South Miami and NA (Consultant)againstanyandall liability,claims,damages,lossesand expenses theymayincurdue to the failureof (Sub-contractor's names): to complywithsuchact or regulation. CONTRACTOR Witness BY: Name Title" 15 AFFIDAVIT CONCERNING FEDERAL AND STATE VENDOR LISTINGS Theperson,or entity,whois responding totheCity's solicitation,hereinafter referredtoas "Respondent",must certifythatthe Respondent's nameDoesNotappearontheStateof Florida,Departmentof Management Services, "CONVICTED,SUSPENDED,DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR LISTINGS". Ifthe Respondent's nameDoesappearononeor all the "Listings"summarized below,Respondents must"Check if Applies"nexttothe applicable "Usting."The "Listings"can be accessed through the following link tothe Florida Department ofManagementServiceswebsite: http://www.dms.myflorida.com/business operations/state purchasing/vendor information/convicted susp ended discriminatory complaints vendorlists DECLARATION UNDER PENALTY OF PERJURY I,(hereinafter referred toasthe "Declarant")state,under penalty of perjury, that the following statements are true and correct: (1)I representthe Respondent whose name is . (2)I have the following relationship with the Respondent (Owner(if Respondent isa sole proprietor),President (if Respondent isa corporation)Partner(ifRespondent isa partnership),General Partner (if Respondent isa Limited Partnership)or Managing Member>(if Respondent isa Limited Liability Company). (3)I have reviewed the Florida Department of Management Services website atthe following URL address: ht^://www.dms.myflorida.com/business_operations/state_purchasing/vendoMnformation/conviaed_suspended_di scrim!natory_complaints_yendoMists (4)I have enteredan "x"ora check mark beside each listing/category set forth below ifthe Respondent's name appears inthelist found onthe Florida Departmentof Management Services websiteforthat category or listing.IfI did notenteramark beside a listing/category it means that I am attesting tothefactthatthe Respondents name doesnotappearonthe listing forthat category inthe Florida Department of Management Services website as of the date of this affidavit. Check if Applicable Convicted Vendor List Suspended Vendor List DiscriminatoryVendorList FederalExcludedPartiesList Vendor Complaint List FURTHER DECLARANT SAYETH NOT. (PrintnameofDeclarant) By:. (Signature of Declarant) ACKNOWLEDGEMENT STATEOF FLORIDA )i COUNTY OF MIAMI-DADE ) [ On this the day of ,20 ,before me,the undersigned authority,personally j appeared whoispersonallyknowtome or whoprovided the following identification andwhotookanoath or affirmed thatthathe/she/theyexecutedthe \ foregoing Affidavit as the Declarant i WITNESS my hand and official seal.| Notary Public,StateofFlorida NOTARY PUBLIC: SEAL Thomas F.Pepe 02-23-15 16 (Name of Notary Public Print Stamp ortypeas commissioned.)! RELATED PARTY TRANSACTION VERIFICATION FORM I ,individually andonbehalfof _ (HFirm")have Name of Representative CompanyfVendortEntity readtheCityofSouth Miami ("Chy'ys Codeof Ethics, Section 8A-1 ofthe City's Codeof Ordinances and I herebycertify,underpenaltyofperjurythat to the best ofmy knowledge,informationandbelief: (1)neither I northe Firm haveanyconflictofinterest (as definedinsection 8A-I)with regard tothecontractor businessthat I,and/or the Firm,am(are)abouttoperformfor,ortotransactwith,the City,and (2)neither I noranyemployees,officers,directorsofthe Firm,noranyone who hasa financial interest greater than5%inthe Firm,hasany relative(s),asdefinedinsection 8A-I,whoisanemployeeoftheCityorwho is(are) anappointedorelected official of the City,or who is(are)a member of anypublicbody created bytheCity Commission,i.e.,aboardor committee ofthe City,[while theethicscodestill applies,if thepersonexecutingthis formisdoingsoonbehalfofafirmwhosestockis publicly traded,thestatementinthissection(2)shall bebased solelyon the signatory'spersonal knowledge andhe/sheis not requiredtomakean independent investigationas to the relationship ofemployeesorthosewhohavea financial interestinthe Firm.];and (3)neither I northe Firm,noranyonewhohasa financial interestgreaterthan5%inthe Firm,noranymemberof those persons1 immediate family (i.e.,spouse,parents,children,brothersandsisters)hastransactedor entered intoany contracts)with the Cityorhasa financial interest director indirect inanybusinessbeingtransacted with the city,orwithanyperson or agencyactingforthecity,other thanasfollows: _(use (ifnecessary,useaseparatesheet to supply additional information that willnotfitonthis line;however,you must make reference,on the above line,to the additional sheet and the additional sheet must besigned under oath),[while the ethicscodestill applies,if the person executingthisformisdoingsoonbehalf of afirmwhose stockis publicly traded,the statementinthissection(3)shall bebasedsolelyonthe signatory's personal knowledgeand he/she is not requiredtomakeanindependent investigation asto the relationship of those who havea financial interest in the Firm.];and (4)noelectedand/orappointed official oremployee of theCityofSouth Miami,oranyoftheirimmediate family members (i.e.,spouse,parents,children,brothersandsisters)hasa financial interest directlyor indirectly,inthe contract between you and/or your Firm andtheCity other than the following individuals whose interest isset forthfollowingtheiruseaseparatenames: (ifnecessary,usea separate sheet to supplyadditionalinformationthatwill not fitonthisline;however,you must makereference,on the aboveline,to the additional sheetand the additional sheet must besignedunderoath). Thenamesof ail City employees andthat of all electedand/orappointedcity officials orboard members,who own,directlyorindirectly,an interest of five percent (5%)ormoreofthetotalassetsofcapital stock inthefirm are as follows: (ifnecessary,useaseparate sheet tosupply additional informationthatwillnotfitonthis line;however,youmust makereference,ontheabove line,tothe additional sheetandthe additional sheetmustbe signed under oath), [while the ethics code stillapplies,ifthepersonexecutingthisformisdoingsoonbehalf of afirm whose stockis publiclytraded,the statement inthissection(4)shallbebasedsolelyonthesignatory'spersonal knowledge and he/she is not requiredtomakean independent investigation astothe financial interest intheFirmofcity employees,appointed officials ortheimmediate family membersofelected and/or appointed official oremployee.] (5)I andthe Firm furtheragreenottouseorattempttouseany knowledge,propertyorresourcewhichmay cometousthroughourpositionof trust orthroughourperformanceofourdutiesunderthe terms ofthe contract with the Chy,to secure aspecial privilege,benefit or exemption forourselves,or others.We agree that we may not discloseoruseinformation,not available to members of the generalpublic,forourpersonal gain or benefit or forthepersonalgain or benefitofany other personorbusinessentity,outside of the normal gain or benefit anticipated through the performance of the contract (6)I andthe Firm hereby acknowledge thatwehavenotcontractedor transacted any business withtheChyor anypersonoragencyactingfortheCity,andthatwehave not appearedinrepresentation of anythirdparty beforeanyboard,commissionor agency of theCity within the pasttwoyearsotherthanas Thomas F.Pepe 02-23-15 follows:](if necessary,useaseparate sheet to supply additional informationthatwill not fit onthisline;however,you must makereference,ontheaboveline,tothe additional sheetandthe additional sheetmustbe signed underoath). X:\Purchasing\Vendor Registration 12.28.12 RELATED PARTYTRANSACTION VERIFICATION FORM [3].docx (7)Neither I noranyemployees,officers,ordirectorsofthe Firm,noranyoftheirimmediate family (i.e.,asa spouse,son,daughter,parentbrotheror sister)is related by blood or marriage to:(i)anymemberofthe City Commission;(ii)any city employee;or (Hi)any member of any board or agency oftheCityother than as follows: ;;(if necessary,useaseparate sheet tosupplyadditional informationthatwillnotfitonthis fine;however,youmustmakereference,ontheaboveline,totheadditional sheetandthe additional sheetmustbe signed under oath),[while the ethics code still applies,iftheperson executingthis form is doing soon behalf ofa firm whosestockis publicly traded,thestatementinthissection (7) shall bebasedsolelyonthe signatory's personal knowledgeand he/she isnotrequiredtomakeanindependent investigation astothe relationship by bloodor marriage of employees,officers,ordirectorsofthe Firm,orofany oftheirimmediate family toanyappointedorelected officials oftheCity,ortotheirimmediate family members]. (8)NoOther Firm,nor any officers or directors ofthatOther Firm or anyone who has a financial interest greater than 5%inthatOther Firm,noranymemberofthose persons*immediate family (i.e.,spouse,parents,children, brothers and sisters)nor any ofmy immediate family members (hereinafter referred toas "Related Parties")has respondedtoa solicitation bytheCityinwhich I orthe Firm that I representoranyonewhohasa financial interestgreaterthan 5%inthe Firm,oranymemberofthose persons'immediate family (i.e.spouse,parents, children,brothersand sisters)have also responded,otherthanthe following: --•<* necessary,useaseparatesheetto supply additional information that will not fit onthis line;however,youmust make reference,onthe above line,tothe additional sheet and the additional sheetmustbe signed under oath), [while theethicscode still applies,ifthe person executing this form isdoingsoon behalf ofa firm whosestockis publicly traded,the statement inthis section (8)shall be based solely onthe signatory's personal knowledge and he/she isnot required to make an independent investigation into theOther Firm,orthe Firm he/she represents,as totheir officers,directors or anyone having a financial interest in those Firms or any oftheir any member ofthose persons'immediate family.] (9)I and the Firm agree thatweare obligated to supplement this Verification Form and inform theCityofany change in circumstances thatwould change our answers tothisdocument Specifically,afterthe opening ofany responses toa solicitation,I and the Firm havean obligation to supplement this Verification Form withthenameof all Related Parties whohavealsorespondedtothesame solicitation andto disclose the relationship ofthose parties to meand the Firm. (10)A violation ofthe Cit/s Ethics Code,the giving of any false information orthe failure to supplement this Verification Form,maysubject meorthe Firm to immediate termination of any agreement with the Chy,and the imposition ofthe maximum fine and/orany penalties allowed by law.Additionally,violations maybe considered by andsubjectto action bythe Miami-Dade County Commission on Ethics.Under penalty of perjury,I declare that I have madea diligent effortto Investigate themattersto which I amattesting hereinabove andthatthestatements made hereinabove aretrueandcorrecttothebestofmy knowledge,information and belief. Signature: Print Name &Tide:. Date: Thomas F.Pepe 02-23-IS ,8 Sec.8A-I.-Conflict of interest and code of ethics ordinance. (a)Designation. Thissectionshallbedesignatedandknownasthe"CityofSouth Miami Conflictof Interest andCodeofEthics Ordinance."Thissectionshallbeapplicabletoallcitypersonnelasdefinedbelow,andshallalso constitute a standardofethical conduct andbehaviorforall autonomous personnel,quasi-judicial personnel,advisory personneland departmental personnel.Theprovisionsofthissectionshallbeappliedinacumulativemanner.By wayof example,and not asalimitation,subsections (c)and(d)maybeapplied to thesame contract or transaction. (b)Definitions.Forthepurposesofthissectionthe following definitions shallbeeffective: (1)The term "commissionmembers"shallrefer to themayorand the membersof the citycommission. (2)Theterm"autonomouspersonnel"shall refer to themembersofautonomousauthorities,boardsandagencies, suchasthecitycommunity redevelopment agencyandthehealth facilities authority. (3)Theterm "quasi-judicial personnel"shall refer to themembersofthe planning board,theenvironmentalreview and preservation board,the code enforcement board andsuch other individuals,boards and agenciesof the city as perform quasi-judicialfunctions. (4)The term "advisorypersonnel"shallrefertothemembersof those cityadvisoryboardsandagencies whose sole or primaryresponsibilityis to recommend legislation or giveadviceto the citycommission. (5)The term "departmentalpersonnel"shall refer to thecityclerk,thecitymanager,department heads,the city attorney,andallassistantstothe city clerk,citymanagerandcityattorney,howevertitled. (6)The term "employees"shall refer to all other personnel employedby the city. (7)Theterm "compensation"shall refertoanymoney,gift,favor,thingofvalueor financial benefitconferred,or to be conferred,in return for services rendered or to be rendered. (8)Theterm"controlling financial interest"shall refertoownership,directly or indirectly,often percent or more oftheoutstanding capital stockinanycorporationoradirectorindirectinterestoftenpercentormoreina firm, partnership,or other business entity at the timeoftransactingbusinesswith the chy. (9)Theterm"immediatefamily"shall refertothespouse,parents,children,brothersandsistersoftheperson involved. (10)Theterm"transactany business"shall refertothe purchase orsalebythecityof specific goodsor services forconsiderationandtosubmittingabid,aproposalinresponse to a RFP,a statement of qualifications inresponse toa request by the city,or entering into contract negotiationsfor the provision onanygoods or services,whichever first occurs. (c)Prohibitionon transacting businesswith the city. Noperson included intheterms defined in paragraphs (b)(1)through(6)andin paragraph (b)(9)shall enter into anycontractortransactanybusinessinwhichthatpersonoramemberoftheimmediate family hasa financial interest direct or indirectwiththecity or anyperson or agencyactingforthe chy,andanysuch contract agreementorbusinessengagemententeredin violation ofthissubsection shall render thetransaction voidable. Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or position.Nothinginthis subsection shallprohibit or make illegal: (1)Thepaymentof taxes,specialassessments or feesforservicesprovidedbythecity government (2)Thepurchaseofbonds,anticipation notesor other securitiesthatmaybe issued bythecitythrough underwriters or directly from time to time. Waiver of prohibition.Therequirementsofthissubsectionmaybewaivedforaparticulartransactiononlybyfour affirmative votesofthecitycommissionafterpublichearingupon finding that (1)An open-to-all sealedcompetitive proposal hasbeen submitted byacitypersonas defined in paragraphs (b)(2), (3)and(4); (2)Theproposalhasbeensubmittedbyapersonor firm offering services within thescopeofthepracticeof architecture,professional engineering,or registeredland surveying,asdefinedbythelawsofthestateand pursuanttotheprovisionsof the Consultants'Competitive Negotiation Act,andwhentheproposalhasbeen submittedbyachypersondefinedinparagraphs(b)(2),(3)and(4); (3)Theproperty or servicestobe involved intheproposedtransactionareuniqueandthechycannot avail itself ofsuchpropertyorserviceswithoutenteringatransaction which wouldviolatethissubsectionbutforwaiverof its requirements;and (4)That the proposed transaction willbein the best interest of the city. Thissubsectionshallbeapplicableonly to prospective transactions,andthe city commissionmayinno case ratifya transaction entered in violation of this subsection. Provisions cumulative.Thissubsectionshallbetakentobecumulativeandshall not be construed toamend or repeal any other lawpertainingtothesamesubject matter. (d)Further prohibition on transacting businesswiththe city. Thomas F.Pepe 02-23-15 19 Nopersonincludedin the terms definedinparagraphs (b)(1)through(6)andinparagraph(b)(9)shall enter into any contract or transact anybusinessthroughafirm,corporation,partnership or businessentityinwhich that personoranymemberofthe immediate family hasa controlling financial interest directorindirectwith the city or anypersonoragencyactingforthe city,andanysuch contract agreementorbusinessengagement entered in violationofthissubsection shall render thetransaction voidable.Theremainingprovisionsofsubsection(c)will alsobe applicable tothissubsectionasthoughincorporatedbyrecitation. Additionally,nopersonincludedinthetermdefinedinparagraph (b)(1)shall voteon or participateinanywayin any matter presentedtothechycommission if thatpersonhasanyofthe following relationships withany of the persons or entitieswhichwouldbe or mightbedirectlyorindirectlyaffectedbyanyactionofthechycommission: (I)Officer,director,partner,of counsel,consultant employee,fiduciary or beneficiary;or (2)Stockholder,bondholder,debtor,or creditor,ifinanyinstancethetransactionor matter wouldaffect the persondefinedinparagraph (b)(1)inamannerdistinctfrom the mannerinwhichitwouldaffect the public generally.Any person included intheterm defined in paragraph (b)(I)whohasanyofthe specified relationships orwhowould or mightdirectly or indirectly,realize aprofitbytheactionofthecity commission shall notvoteon or participate inanywayinthe matter. (l)Definition.Theterm "gift11 shall refertothetransferof anything ofeconomicvalue,whetherintheformof money,service,loan,travel,entertainment hospitality,item or promise,orinany other form,without adequate andlawful consideration. (2)Exceptions.The provisions of paragraph (e)(I)shall not apply to: a.Political contributions specifically authorizedbystate law; b.Gifts from relatives or members ofone's household,unless the person isa conduit on behalf ofathirdpartyto the delivery ofagiftthatisprohibitedunder paragraph(3); c.Awardsforprofessional or civicachievement; d.Material such as books,reports,periodicals or pamphlets which are solely informational orofan advertising nature. (3)Prohibitions.Apersondescribedin paragraphs (b)(1)through(6)shall neithersolicitnordemandany gift.Itis also unlawful foranypersonorentityto offer,give or agree to #ve toanypersoninduded in theterms defined In paragraphs (b)(I)through (6),orfor any person included intheterms defined in paragraphs (b)(I)through(6)to accept or agree to acceptfrom another person or entity,any gift for or becauseof: a.An offidal public action taken,ortobe taken,or which could be taken,oran omission or failure totakea public action; b.A legal dutyperformedortobeperformed,or which couldbeperformed,oran omission or failure to perform alegalduty; c.A legal duty violated or tobe violated,or which could be violated byanyperson included intheterm defined in paragraph (b)(1);or d.Attendanceorabsencefroma public meeting at which offidal actionistobetaken. (4)Disclosure.Any person included intheterm defined in paragraphs (b)(1)through (6)shall disclose anygift,or series of gifts from anyone person or entity,having a value in excess of $25.00.The disdosure shall be made by filing acopyofthe disdosure formrequiredbychapter 112,FloridaStatutes,for "local officers"withthecityclerk simultaneously withthe filing ofthe form withtheclerkofthe county andwiththe Florida Secretary ofState. (f)Compulsory disclosure byemployees of firms doing business with the city. Should anyperson included intheterms defined in paragraphs (b)(1)through(6)be employed bya corporation, firm,partnershipor business entityin which thatpersonorthe immediate family doesnot have a controlling financial interest and should thecorporation,firm,partnership or business entityhave substantial business commitmentsto or fromthecityoranycity agency,orbesubjecttodirectregulationbythecity or acity agency, thentheperson shall file aswornstatement disclosing such employment andinterestwiththeclerkofthedty. (g)Exploitation of officialpositionprohibited. Noperson included intheterms defined in paragraphs (b)(l)through(6)shall corruptlyuseorattempttousean official position to securespecial privileges or exemptionsfor that person or others. (h)Prohibitiononuse of confidential information. Nopersonindudedintheterms defined in paragraphs (b)(1)through(6)shall acceptemploymentor engage in anybusiness or professional activitywhichonemight reasonablyexpectwouldrequireorinduceoneto disclose confidential information acquiredbyreasonofan official position,nor shall thatpersoninfacteverdisclose confidential informationgarneredorgainedthroughan official positionwiththecity,norshallthatpersoneverusesuch information,directly or indirectly,forpersonal gain or benefit Thomas F.Pepe 02-23-15 20 (i)Conflicting employment prohibited. No person includedin the terms definedinparagraphs (b)(1)through(6)shall accept other employment which wouldimpairindependenceofjudgmentin the performanceofanypublicduties. (j)Prohibitionon outside employment. (1)Nopersonincludedinthetermsdefinedinparagraphs(b)(6)shall receiveanycompensationforservicesasan officer or employeeofthecityfromanysource other thanthe city,exceptasmaybepermittedas follows: a.Generally prohibited Nofull-timecityemployeeshall accept outsideemployment,either incidental,occasional or otherwise,where citytime,equipment or materialistobeused or where such employment or any part thereof is tobe performed onchytime. b.When permitted.A full-time cityemployeemayaccept incidental or occasionaloutsideemploymentsolongas such employment is not contrary,detrimental or adversetothe interest of the chy or anyofits departments and the approval required insubparagraphc.is obtained c.Approvalof department headrequired.Anyoutsideemploymentbyany full-time chyemployeemustfirstbe approvedinwritingby the employee's department headwho shall maintain acomplete record ofsuch employment d.Penalty.Anypersonconvictedofviolatinganyprovisionofthissubsectionshallbepunishedasprovidedin section I-I I ofthe Code ofMiami-DadeCountyand,inadditionshallbe subject to dismissal by the appointing authority.Thecitymayalsoassessagainstaviolatorafinenottoexceed$500.00andthe costs ofinvestigation incurred by the city. (2)Allfull-timechyemployeesengagedinanyoutsideemploymentforanyperson,firm,corporation orentity other thanthechy,or anyofitsagencies or instrumentalities,shall file,under oath,anannual report indicating the source of the outside employment the nature oftheworkbeingdoneandany amount ofmoney or other considerationreceivedbytheemployeefromtheoutsideemploymentCityemployee reports shall be filed with thecityclerk.The reports shall be available atareasonabletimeandplaceforinspectionbythepublicThecity managermayrequiremonthly reports from individual employeesorgroupsofemployeesforgoodcause.. (k)Prohibited investments. Nopersonindudedinthetermsdefinedin paragraphs (b)(1)through(6)or amemberoftheimmediate family shallhavepersonalinvestmentsinany enterprise whichwill create asubstantialconflict between private interests and the public interest (I)Certain appearances and payment prohibited. (1)Noperson included inthetermsdefinedin paragraphs (b)(1),(5)and(6)shall appearbeforeanychyboard or agencyandmakea presentation onbehalfofathirdpersonwith respect toanymatter,license,contract certificate,ruling,decision,opinion,rate schedule,franchise,or other benefitsoughtbythethirdperson.Nor shall the personreceiveanycompensation or gift,directlyor indirectly,forservices rendered toathirdperson,who hasappliedfororisseekingsomebenefitfromthecity or acityagency,in connection with the particularbenefit sought by the third person.Nor shall the personappearinany court or beforeanyadministrativetribunalas counselor legaladvisor to apartywhoseekslegalrelieffromthechy or achyagency through the suitinquestion. (2)Nopersonincludedinthe terms definedinparagraphs(b)(2),(3)and(4)shall appearbefore the city commission or agencyonwhich the person serves,either directly or through anassociate,andmakea presentation onbehalfofathird person with respect toanymatter,license,contract,certificate,ruling,decision, opinion,rateschedule,franchise,or other benefitsoughtbythethird person.Nor shallsuchpersonreceiveany compensationor gift,directlyorindirectly,forservicesrenderedtoathirdpartywhohasappliedfororisseeking somebenefitfrom the citycommission or agencyonwhichtheperson serves inconnectionwiththeparticular benefitsoughtby the thirdparty.Nor shall the person appear inany court or beforeanyadministrativetribunalas counselor legal advisortoathirdpartywhoseeks legal relieffromthecitycommissionoragencyonwhichsuch person serves through the suitinquestion. (m)Actions prohibited when financial interests involved. No person indudedin the terms definedinparagraphs(b)(I)through(6)shallparticipateinanyoffidalaction directly or indirectlyaffectingabusinessinwhichthatpersonorany member of the immediate family hasa financial interest A financial interest isdefinedinthissubsectiontoinclude,but not belimitedto,anydirect or indirect interest inany investment equity,or debt (n)Acquiringfinancial interests. Nopersonincludedin the terms definedinparagraphs (b)(1)through(6)shallacquirea financial interest ina project business entity or properly atatimewhenthe person believes or hasreason to believe that the financial interest maybedirectlyaffectedby official actions or by official actionsby the cityorcityagencyofwhichthe person isan official,officeroremployee. (0)Recommending professional services. Thomas F.Pepe 02-23-15 2| Noperson included intheterms defined in paragraphs (b)(1)through (4)may recommend the services of any lawyer or law firm,architector architectural firm,public relations firm,oranyotherpersonor firm,professional orotherwise,toassistinany transaction involving thecityoranyofits agencies,provided thata recommendation mayproperlybemadewhenrequiredtobe made bythedutiesof officeandinadvanceata public meetingattendedby other city officials,officersoremployees. (p)Continuing application after city service. (1)Noperson included intheterms defined in paragraphs (b)(1),(5)and(6)shall,foraperiodoftwoyearsafter his orhercityserviceor employment has ceased,lobby any city official [as defined in paragraphs (b)(1)through (6)]in connection with any judicial orother proceeding,application,RFP,RFQ,bid,requestfor ruling orother determination,contract claim,controversy,charge,accusation,arrestorother particular subject matterinwhichthecity or oneofits agencies isapartyorhasanyinterestwhatever,whether direct or indirect. Nothing contained inthis subsection shall prohibit any individual from submitting aroutine administrative request or application toacitydepartmentor agency during thetwo-yearperiodafterhisorherservicehasceased. (2)The provisions ofthe subsection shall not apply topersonswhobecome employed by governmental entities, 501 (c)(3)non-profitentitiesor educational institutions or entities,andwho lobby on behalf ofthoseentitiesin their official capacities. (3)The provisions ofthis subsection shall apply to all persons described in paragraph (p)(l)whosecityserviceor employment ceased after the effectivedateoftheordinancefromwhichthissectionderives. (4)Noperson described in paragraph'(p)(I)whosedty service or employment ceased within two years priorto the effective dateofthis ordinance shall fora period oftwo years afterhisorher service or employment enter intoa lobbying contractto lobby any city official in connection with anysubject described in paragraph (p)(I)in whichthe dty or oneofits agencies isapartyorhasanydirectand substantial interest andinwhichheorshe participated directlyor indirectly through decision,approval,disapproval,recommendation,therenderingof advice,investigation,orotherwise,during hisorhercity service or employment.Aperson participated "directly" whereheorshewas substantially involved inthe particular subjertmatterthrough decision,approval,disapproval, recommendation,therenderingof advice,investigation,orotherwise,duringhisorhercityserviceor employmentApersonpartidpated "indirect!/'whereheorshe knowingly participated in any wayinthe particular subjectmatterthrough decision,approval,disapproval,recommendation,therenderingof advice,investigation,or otherwise,duringhisorhercityserviceor employment All persons coveredbythis paragraph shall executean affidavit onaformapprovedbythe chy attorneypriorto lobbying anychy official attestingthatthe requirementsofthissubsectiondonotprecludethepersonfrom lobbying chy officials. (5)Any personwho violates this subsection shall be subject tothe penalties provided insection 8A-2(p). (q)City attorney torenderopinionson request Whenever anyperson included intheterms defined in paragraphs (b)(1)through(6)andparagraph(b)(9)isin doubtastothe proper interpretation or application ofthis conflict of interest andcodeofethicsordinance,or whenever any person who renders servicestothecityisindoubtas to the applicability oftheordinance that person,maysubmit to the city attorneya full writtenstatementofthefactsandquestions.Thedtyattorney shall then render anopinion to suchpersonand shall publish theseopinionswithoutuseofthenameoftheperson advisedunlessthe person permits the useofaname. (Ord.No.6-99-1680,§2,3-2-99) Editor's note-Ord.No.6-99-1680,§I,adopted 3-2-99,repealed §§8A-Iand 8A-2 intheirentiretyand replaced them with new§§ 8A-1 and8A-2.Former§§8A-1 and8A-2pertained to declarationofpolicyand definitions,respectively,and derivedfromOrd.No.634,§§I (I A-1),I (I A-2)adoptedJan.II,1969. 22 PRESENTATION TEAM DECLARATION/AFFIDVAIT OF REPRESENTATION Thisaffidavitisnotrequiredforcompliancewith the City'sSolicitation;however,itmaybeused to avoid the need to register members ofyour presentation team aslobbyists.Pursuant to City Ordinance 28-14- 2206(c)(9),any person who appears asa representative foranindividualor firm foranoral presentation before aCity certification,evaluation,selection,technicalrevieworsimilar committee,shalllistonan affidavitprovidedby the Citystaff,all individuals whomaymakea presentation.Theaffidavitshallbe filedbystaffwith the Clerk'sofficeat the time the committee's proposalis submitted to the City Manager.For the purpose of this subsection only,the listed members of the presentation team,with the exception ofany person otherwise required to register asalobbyist,shallnotbe required topayany registration fees.No person shall appear before any committee on behalf ofan anyone unlesshe or she has been listedas part of the firm's presentation team pursuant to this paragraph or unlesshe or she is registered with the CityClerk'sofficeasalobbyistandhaspaidall applicable lobbyist registration fees. Pursuant to '92.525(2),Florida Statutes,the undersigned,,makes the following declaration under penalty of perjury: Listedbelow are allindividuals who may make a presentation on behalf of the entity that the affiant represents.Please note;No person shall appear before any committee on behalf of anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the Clerk's office asa lobbyist and has paid all applicablelobbyist registration fees. NAME TITLE For the purpose ofthisAffidavitof Representation only,the listed members of the presentation team, with the exception ofany person otherwise required to register asalobbyist,shall not be required to payany registration fees.TheAffidavitof Representation shallbefiledwith the CityClerk'sofficeat the time the committee's proposal is submitted to the Cityas part of the procurement process. Under penalties ofperjury,I declare that I haveread the foregoing declaration and that the facts stated initare true andspecifically that the personslistedaboveare the members of the presentation team of the entity listed below Executedthisdayof '20. Signature of Representative PrintName and Title Print name of entity being represented 23 EXHIBIT 3 CONTRACT FOR: July 4th Fireworks Display at Palmer Park THIS CONTRACT,entered intothisdayof ,20,by the CITY OF SOUTH MIAMI through itsManager,bothofwhomshallbe hereinafter referredtoas the "CITY"where applicable;located at 6130 Sunset Drive,South Miami,FL.,E-mail:salexander<5)southmfamifl.govand withan office and principal placeof business locatedat ,andane-mailaddressof (hereinaftercalled the "CONTRACTOR"). WITNESSETH: WHEREAS,the CITY is in needofa July 4th Fireworks Display atthe Citv ofSouth Miami's Palmer Park, located at 6100 SW 67 Avenue.South Miami.Fl 33143:and WHEREAS,the CITY desirestoretain the CONTRACTOR toprovide the requiredgood and/or services basedonthe CONTRACTOR'S representationsthat It is qualified andcapableof providing saidgoodsand/or servicesinaprofessionalandtimelymannerandinaccordancewiththe CITY's goalsandrequirements;and WHEREAS,the CONTRACTOR hasagreedtoprovidetherequiredgoods and/or servicesinaccordance with the terms and conditions set forth herein. NOW,THEREFORE,in consideration of the mutual covenants and agreements herein contained,the parties agree asfollows: 1)EngagementOf Contractor:Based ontherepresentationsofthe CONTRACTOR assetoutinthe following "checked"documents the CITY hereby retains the CONTRACTOR to provide the goods and/or services set forthinsaid proposal,quoteorresponseto solicitation,whichever is applicable,as modified bytheContract Documents defined below (allofwhichis hereinafter referred toas the Work"). (Check thebox immediately preceding the document described belowto indicate that such documentis part ofthis contract) •Contractor's response to the CITY's writtensolicitation;or •Contractor's proposal or quote,orifnone, dAs described in paragraph 2 below. 2)ContractDocuments:TheContractDocumentsshallincludethisContractandthe following "checked documents",aswellasany attachments orexhibits that aremadea part ofanyof the "checked documents". (Check thebox immediately preceding thedocumentdescribed belowto indicate that such documentispartofthis contract) •General Conditions to Contract, •Supplementary Conditions, V "Other Documents"referring to in this contract and signed by the parties, V Solicitation documents ("hereinafter referredtoas "Bid Documents'1including any request forbid,request forproposalorsimilarrequest) V Scope of Services, V Contractor's response to the CITY's Bid Documents, V Contractor's proposal or quote, VCITY's Insurance &Indemnification Requirements, a Payment Bond, d Performance Bond, ThisContractand the GeneralConditionstoContract,Supplementary Conditions,the Solicitation,Scopeof Servicesand "Other Documents",ifanyare"checkeddocuments",shalltake precedent over the responsetothe CITY's Bid Documents,the proposal or the quote,ifany.The"checked documents"are attached hereto andmade a part hereof by reference. 3)Date of Commencement:The CONTRACTOR shall commence the performance of the Workunderthis Contract on upon issuance of City Purchase Order orIfno date is set then ona date to be specified inaNotice to Proceed,or Purchase Order,(hereinafter referred to asthe"Work Commencement Date"),andshall complete the 24 performance hereunder within 3 working davs or the lengthof time set forthin the Contract Documents, whichever is the shorter period of time.Timeisof the essence. 4)PrimaryContacts:ThePrimaryContactPersoninchargeofadministeringthis Contract on behalf of the CITY is the C'rty Manager("Manager"),assistantManager,ortheManager'sdesignee,whoshallbe designated inawriting signed by the Manager.ThePrimary Contact Personfor the CONTRACTOR and his/her contact informationisasfollows:Name:e-mail:;Fax:Street Address: 5)Scope of Services:Thegoods and/or servicestobeprovidedareas set forthinthe"checked documents". 6)Compensation:The CONTRACTOR'S compensationfortheperformanceofthiscontract (hereinafter referredtoastheContract Price)shallbeoneofthe following indicated bya checked box•$oras setforth In V CONTRACTOR'S responsetotheCity'swritten solicitation,ifany,or,ifnone,thenas set out inV CONTRACTOR'S proposalor quote,whicheverisapplicable,andasmodifiedbytheContractDocuments. 7)HoursofWork:In the event that this contract requires the performance ofservices,the costof performing the Work afterregular working hours,andon Sunday and legal holidays,ifrequiredbythe Gty,atany timeduringthecourseoftheWork,isincludedintheContractPriceandnoadditionalcompensationshallbe receivedinsuch event.However,nothingcontainedhereinshallauthorizeworkondaysandduringhours that are otherwise prohibitedby ordinance unless specifically authorizedorinstructedinwritingby the Director,the Director's assistant or designee. 8)Time Provisions:The term of this Contract shall commence on the Work Commencement Date and shallcontinuefordaysoruntilorunlessearlierterminated according totheContract Documents. Notwithstanding the foregoing,thisContractmaybeextendedifthe extension isin writing and signed bythe City Manager.An extension of the term of this Contract is at the CITY's sole and absolute discretion but in no event may the term of the contract exceed fiveyears. 9)Termination:This contract maybeterminatedwithoutcausebythe CITY with30daysofadvanced writtennotice.This provision supersedes andtakesprecedenceoveranycontrary provisions fortermination contained in the Contract Documents. 10)ApplicableLawand Venue:Florida lawshallapplyto the interpretation and enforcement ofthis Contract.VenueforallproceedingsshallbeinMiami-DadeCounty,Florida. 11)Insurance,Indemnification &Bonding:CONTRACTOR shallcomplywiththeinsurance, indemnification and bonding requirements set forth in the Contract Documents. 12)LiquidatedDamages:In the event that the CONTRACTOR shallfailto complete the Workwithin the timelimitsetforthintheContract Documents,ortheextendedtime limit agreedupon,inaccordancewiththe procedureasmoreparticularlyset forthintheContract Documents,liquidateddamagesshallbepaidat the rateof SN/A dollars perdayuntiltheWork \s completed. 13)JuryTrial Waiver:Theparties waive theirrighttojurytrial. 14)Entire Agreement,Modification,and Non-waiver:The Contract Documents constitute the entire agreementofthepartiesandsupersedesanyprioragreements,writtenororal.TheContract Documents maynot be modified oramendedexceptin writing,signed byboth parties hereto.The Contract Documents,in general,and thisparagraph,inparticular,shallnotbe modified oramendedbyanyactsoromissionsoftheparties.Nofailure toexerciseandnodelayinexercisinganyright,poweror privilege shall operate asawaiver.Nowaiverof the ContractDocuments,inwholeorpart,including the provisions ofthisparagraph,maybeimpliedbyanyactor omission. 15)PublicRecords:CONTRACTOR andallofits subcontractors arerequiredtocomplywiththepublic recordslaw(s.119.0701)whileprovidinggoods and/or Serviceson behalf ofthe CITY and the CONTRACTOR,under suchconditions,shall incorporate this paragraph inallofits subcontracts forthisProject. 16)Background Screening.All personneland volunteers that willprovideanyservice that mightoccur within100feetofanychildreninvolvedinany City orits Agency's relatedactivitymustbeincompliancewith Level II Background Screeningandfingerprintingrequirementsasper,Florida Statute Ch.435 prior tothescheduled start ofany employee or volunteer.CONTRACTOR shall prevent any and allofits personnel,including volunteers, fromengaginginanyrelatedactivitieswithouthavingpassedabackgroundscreeningtothesatisfactionofthe City. 25 17)DrugFree Workplace.The CONTRACTOR shall comply with the Drug Free Workplace policy set forth in the Gty ofSouthMiami's Personnel Manualwhich \s made a part ofthis Contract by reference. 18)TRANSFER AND ASSIGNMENT.None of the Work under this contract shall be subcontracted or assigned without prior written consent from the Citywhichmaybe denied without cause. 19)NOTICES.All notices givenor required under this contract shallbe deemed sufficient if sent bya method that provides written evidence ofdelivery,including e-mail andfacsimile transmission and delivered to the CONTRACTOR orhis designated contact person.Returnofmail,sent tothe address contained hereinfor the parties or their contact persons,as not deliverable orfor failure to claim the mailshallbe 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 andsignificanceandintendingtobelegallyboundby the terms hereof. [Individualor entity's name] Witnessed: By:.By: [name of signatory! ATTESTED:CITY OF SOUTH MIAMI By:By: Maria Menendez Steven Alexander CityClerk City Manager Readand Approved as to Form,Language, Legality and Execution Thereof: By: City Attorney 26 BID OPENING REPORT Bids were opened on:Tuesday.April 21.2015 For;ITO »PR 2015-06 -City of South Miami Fireworks Display COMPANIES THAT SUBMITTED PROPOSALS: after:10:00am AMOUNT: THE ABOVE BIDS HAVE NOT BEEN CHECKED. THE BIDS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVffiWED. City Clerk:/W/7^M /tfSJ*?>»aJ*JL Print N Witness: Witness: Print Name Signature Member Name Bid Number Bid Name City of South Miami ITQ-ITQ#PR2015- 06-0-2015/SK City of South Miami Fireworks Display 1 Document(s)found for this bid 114 Subscribers Notified;2 Planholder(s)found. Supplier Name Address 1 City State Zip Phone Attributes VendorLink LLC 12201 Research Parkway Orlando FL 32826 4074010031 1.Small Business Zambelli Fireworks 20 South Mercer Street New Castle PA 16101 5613950955 From:Kufick,Steven P Cc:Menendez.Maria M Bcc:"Allvson Avins":"masonmeverffl&zambetilfireworks.cQm":,,mkill^nosworth©D^vrotecnk:oxom,,:"Ernift Rti.jz"; "Frafik@fir6WorksDrQS.com" Subject:Asolicitationhas been advertised Date:Monday,April 06,2015 12:18:00 PM A solicitation has been advertised and posted on the City's website:www.southmiamifl.gov PROJECT NAME:City of South Miami Fireworks Display RFP/RFQ/LOI/ITQ CLOSE DATE:April21.201S Regards, Steven Kulick,C.P.M. Purchasing Manager/Procurement Division City ofSouthMiami -6130SunsetDrive-South Miami,Fl 33143 Ph:305/663-6339;Fax:305/663-6346 -Email:skulick@southmiamifl.gov Q *x*Si*!S»J!swig* Soutff'Miami THE CITY OF PLEASANT LlVfNG VERBALQUOTE RECORD:July 4th FIREWORKSDISPLAY VENDOR CONTACT STATUS Zambelli Mason Meyer BOOKED;SOLD OUT 800/860-0955 Pyrotecnico 954/401-2677 Chris Liberatore BOOKED;SOLD OUT Zigmont MagicF/X Lisa BOOKED;SOLD OUT 813-689-6269. East Coast Pyrb Jeff BOOKED;SOLD OUT 803//789-5733 Fireworks Pros Frank NO QUOTE 305/259-6699 iliMiM^^ 305/258-8820 cr 1 By:^ Date 4/21/2015 4/21/2015 4/21/2015 4/21/2015 4/21/2015 CONTRACT FOR: July 4th Fireworks Display at Palmer Park THIS CONTRACT,entered into this _&__day of/t/ky 20/i^bv the CITY OF SOUTH MIAMI through its Manager,both of whom shall be hereinafter referred to as the "CITY"where applicable;located at 6130Sunset Drive,South Miami,FL,E-mail:salexandergDsouthmiamlfl.gov and Fireworks Displays Unlimited with an office and principal place of business located at 14240 SW 256 Street.Princeton.Fl 33032.and an e-mail address of allyg)firepowerdlsplavs.com (hereinafter called the "CONTRACTOR"). WITNESSETH: WHEREAS,the CITY is in need of a July 4th Fireworks Display at the Citv of South Miami's Palmer Park, located at 6100SW67 Avenue.South Miami.Fl 33143:and WHEREAS,the CITY desires to retain the CONTRACTOR to provide the required good and/or services based on the CONTRACTOR'S representations that it 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 of the mutual covenants and agreements herein contained,the parties agree asfollows: 1)Engagement Of Contractor:Based onthe representations ofthe CONTRACTOR assetoutinthe following "checked"documents the CITY hereby retains theCONTRACTOR 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 toindicate that such document is part ofthis contract) dContractor'sresponseto the CITY's writtensolicitation;or dContractor'sproposalorquote,orifnone, xAsdescribedinparagraph2below. 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 toindicate that such document is part ofthis contract) oGeneralConditionstoContract, a Supplementary Conditions, V "Other Documents"referring toin this contract and signed bythe parties, VSolicitation documents ("hereinafter referred toas "Bid Documents"including anyrequestforbid,requestfor proposal or similar request) V Scope of Services, VContractor'sresponsetothe CITY's Bid Documents, V Contractor's proposal or quote, V CITY's Insurance&Indemnification Requirements, d Payment Bond, d 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 to the CITY's Bid Documents,the proposal orthe quote,ifany.The "checked documents"are attached hereto and made a part hereof by reference. 3)Date ofCommencement:The CONTRACTOR shall commence the performance ofthe Work under this Contract on upon issuance of Citv Purchase Order orif no date is set then onadatetobe specified in a Notice to Proceed,or Purchase Order,(hereinafter referred toas the "Work Commencement Date"),and shall complete the performance hereunder within 3 working days ™the length of time set forth In the Contract Documents whichever isthe shorter period oftime.Time isofthe essence. 4)Primary Contacts:The Primary Contact Person in charge ofadministering this Contract on behalf of the CITY is the City Manager ("Manager"),assistant Manager,or the Manager's designee,who shall be designated in awriting signed by the Manager.The Primary Contact Person for the CONTRACTOR and his/her contact information is as follows:Name:ftl HSS)f\e-maik .Pay street Address:|4?l|0 SVO c)SLx>$T ——•^flvirfe irtfimwomft spk^s.com Pnnceicn,n,5)Scope of Services:The goods and/or services flj be provided are as'set forth In the "checked *&>T?>7 documents".^jkfjc- 6)Compensation:The CONTRACTOR'S compensation for the performance ofthis contract (hereinafter referred to as the Contract Price)shall be one of the following indicated by a checked box VS10.000 or as set forth in V CONTRACTOR'S response to the City's written solicitation,if any,or,If none,then as set out in V CONTRACTOR'S proposal or quote,whichever is applicable,and as modified by the Contract Documents. 7)Hours of Work:In the event that this contract requires the performance of services,the cost of performing the Work after regular working hours,and on Sunday and legal holidays,if required by the City,at any time during the course of the Work,is included in the Contract Price and no additional compensation shall be received in such event.However,nothing contained herein shall authorize work on days and during hours that are otherwise prohibited by ordinance unless specifically authorized or Instructed In writing by the Director the Director's assistantordesignee. 8)Time Provisions:The term ofthis Contract shall commence on the Work Commencement Date and shall continue for N/A days or until N/A or unless earlier terminated according to the Contract Documents Notwithstanding the foregoing,this Contract may be extended If the extension is in writing and signed by the City Manager.An extension of the term of this Contract is at the CITY's sole and absolute discretion but in no event maythe term ofthe contract exceed five years. 9)Termination:This contract may be terminated without cause by the CITY with 30 days of advanced written notice.This provision supersedes and takes precedence over any contrary provisions for termination contained in the Contract Documents. 10)Applicable Law and Venue:Florida law shall apply to the interpretation and enforcement of this Contract.Venue for all proceedings shall be in Miami-Dade County,Florida. 11)Insurance,Indemnification &Bonding:CONTRACTOR shall comply with the insurance indemnification and bonding requirements set forth in the Contract Documents. 12)Liquidated Damages:In the event that the CONTRACTOR shall fail to complete the Work within the time limit set forth in the Contract Documents,or the extended time limit agreed upon,In accordance with the procedure as more particularly set forth in the Contract Documents,liquidated damages shall be paid at the rate of £N/A dollars per day until theWork is completed. 13)Jury Trial Waiver.The parties waive their right to jury trial. 14)Entire Agreement,Modification,and Non-waiver:The Contract Documents constitute the entire agreement of the parties and supersedes any prior agreements,written or oral.The Contract Documents may not be modified or amended except in writing,signed by both parties hereto.The Contract Documents,in general,and this paragraph,in particular,shall not be modified or amended by any acts or omissions of the parties.No failure to exercise and no delay in exercising any right,power or privilege shall operate as a waiver.No waiver of the Contract Documents,in whole or part,including the provisions of this paragraph,may be implied by any act or omission. 15)Public Records:CONTRACTOR and all of its subcontractors are required to comply with the public records law (s.119.0701)while providing goods and/or Services on behalf of the CITY and the CONTRACTOR,under such conditions,shall incorporate this paragraph in all ofits subcontracts for this Project. 16)Background Screening.. 17)Drug Free Workplace.The CONTRACTOR shall comply with the Drug Free Workplace policy set forth in the City of South Miami's Personnel Manual which is made apart of this Contract by reference. 18)TRANSFER AND ASSIGNMENT.None ofthe Work under this contract shall besubcontracted or assigned without prior written consent from the City which may bedenied without cause. 19)NOTICES.All notices given or required under this contract shall be deemed sufficient ifsent by a method that provides written evidence ofdelivery,including e-mail and facsimile transmission and delivered to the CONTRACTOR or his designated contact person.Return of mall,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 wntten,with full knowledge ofits content and significance and intending to be legally bound by the terms hereof. [Individual or entity's name]-.,_~,~v .rf/rcpovw Displays<kLj_ flaria Menendez City Clerk Read and Approved asto Form,Language, Legalityand Execution Thereof: Digitally sighedyt Pepe<' DN:CNs=vTi US O =City c CityAttorney \/ Date:2015.05.fi J3:09:08 -05OT [name of signatory]*^-—: CITY OF SjtevgnAlexander City Manager flRERQWERPIS^lfflYS FIREWORKS PISPLAYS UNLIMITED ...a division ofFirepower Displays SPECTACULAR CUSTOM FIREWORKS PISPLAYS FOR ANY OCCASION Sponsors Contact Date of Display Location Time Duration Show Price Deposit Remarks CONTRACT FOR FIREWORKS DISPLAYS City of South Miami Maria Stout-Tate July 4,2015 /July 5,2015 {Rain Date) Palmer Park After Dusk-approx.9:15 PM Approx 12-15 minutes $10,000 $5,000 We the undersigned,being interested in a fireworks display for Citv of South Miami agree to pay a price of $10,000 for (he display agreed upon,which will be furnished by Fireworks Displays Unlimited,LLC. The undersigned,intending tobe legally bound,agreeas follows: Sponsor to make adeposit payment of 50%of the contact price uoon sionina of contract,but no later than 30 das nrir>r tn 2. 3. 4. In the event Sponsor shall fail to pay any sum when due under the terms of this contract,Sponsor shall pay,in addition to such amount,interest atthe rate of 1-1/2%per month on the unpaid amount from the original due date.Sponsor does further agree that it shall pay Fireworks Display's reasonable attorney fees and court costs in the event Fireworks Displays shall commence suit or incur fees to compel Sponsor to pay any sums due hereunder or otherwise asa result of Sponsor's default of any of the terms and provisions herein contained. SPONSOR'S AGENT:Stovan Alexander Cfo Manner indfar Maria E.Stout-Tate.Soatfal Evert!Coordinator be designated as sponsor's agent to whom ail questions and Inquiries shall relay all questions and inquiries.Sponsor's agent shall be the only agent of sponsor authorized to request rescheduling of the delivery and exhibition of the fireworks on the part of the sponsor. If event is on land,sponsor to furnish police and/or crowd security personnel,provide proper parking supervision,and insure adequate patrol of the safety zone as marked and secured by the sponsor until Fireworks Displays Unlimited,LLC advises that it is no longer necessary.Fireworks Displays Unlimited,LLC is not responsible for clean-up of land-based shows other than company equipment,supplies and packing materials.Aland based fireworks show produces debris.Sponsor shall be responsible for theclean-up ofany such debris. 5.If event is over water,Fireworks Displays Unlimited will be responsible for marine permit,and for control of safety zone 6.Fireworks Displays Unlimited,LLC.reserves the right to stop the display in the event persons,vehicles or animals enter the secured safety zone and security is unable or unwilling to remove them and enforce the safety regulations. 7.Fireworks Displays Unlimited,LLC.will furnish all applicable licenses,permits and $1,000,000 liability insurance and pyrotechnicians for your electronically fired display. 8.NOTEi In accordance with local regulations and ordinances,fireworks displays shall not lake place later than 10:30pm unless approval is obtained from the governing authority,The restrictions shall not be applicable with regards to holidays such as December 31,January 1,or other national holidays.If for some reason,shoot time does not occur before the allotted time and shoot is cancelled due to local authority or expiration of permit,Sponsor is liable for full payment of display. 9.Hold harmless Fireworks Displays Unlimited,LLC.from any claims that do not directly relate to damages produced by its staff equipment or pyrotechnic material. 10.CREDITS:As a material inducement to Fireworks Displays agreeing to enter into this agreement,Sponsor shall give Fireworks Displays program credit as sole fireworks supplier and producer in all press releases,advertising,and any other program announcements,printed or otherwise.* 11.If show is canceled,sponsor is responsible for any permit,fire watch or barge/tug fees,if applicable.Additionally,sponsor will be responsible for load in/load out expenses not to exceed 50%of budget.If show is stopped while in progress for any reason, Sponsor will still be responsible for contract amount minus the cost of material not discharged. 12.If wind exceeds 20 miles per hour,fireworks display will be postponed to an agreed date between sponsor and Fireworks Displays Unlimited,LLC. 13.Rain date policy Is a follows:Postponement time is 11:30am day of display. 14.If the delivery and/or exhibition of the fireworks are postponed by reason of inclement weather,it shall be re-scheduled tothe Inclement Weather Date set forth by Sponsor. 15.IMPORTANT NOTE:Items listed in this proposal assume afiring area that conforms to NFPACode 1123-1995,which states that there must be at least 70 feet per inch of shell diameter between firing site and any spectators,cars or buildings.This program requires a safety zone that has a radius of 280 feet because of the inclusion of 4-inch shells.Adjustments will be made to the content ofthis program If necessary toconform to NFPA1123-1995. "Fireworks Displays Unlimited,LLC,upon acceptance ofthis contract in writing,agrees to fulfill the contract in a workmanlike and professional manner. City Attorney Read and Approved astoform,legality, language and execution thereof Sponsor Fireworks Displays UnEmited,LLC. ASSORTEDMINES,ASSORTEDCOLOR,PEONIES&CHRYSANTHEMUMS-burstsresemblingaroundandweeping flowerpattern,WHISTLES-abreakofcolor,followedbywhistles.SCREAMINGDRAGONS-abreakofbright magnesiumcolorsfollowedbyloudscreamingwhistle,GOLDFLITTER,SILVERORGLITTERCROSSETTES-exploding cometscracklingintocrisscrossingeffects,FANCYSTARSHELLS-Assortedbrilliantcolorsinvariouspatterns, SPIDERWEBS-longhangingfinewebsofgoldorsilver,TOURBILUONS-titaniumsilverspinningeffects,RINGSHELLS -assortedringpatternsofdifferentcolorsofone,two,threeorfivedifferentcolors,GOLDEN,SILVER,GUTTERINGOR CRACKLINGPALMTREES-apalmtreeimagewithtrunk-likedifferentforms,ASSORTEDTWOandTHREECOLOR CHANGINGCHRYSANTHEMUMS&PEONIES-twoorthreedistinctcolorchangesthatresemblearoundandweeping flowerpattern,STROBES-avarietyofbrighttwinklingshells,ASSORTEDCOLORBROCADES-adensegolden,silver orassortedcoloreffectendingatthetipswithanumbrella-likecanopycascadingandfallinglow,MULTI-BREAKSALUTE SHELLS-avarietyofsaluteeffectsthatincorporatemultiplepowerfulreportsintothedisplay,ASSORTEDCOMETS brightluminousthicktailwithcomet-fikeappearancewithvariouscolors,ASSORTEDTIGERTAILS.similartocomets,' ASSORTEDMINES,projectsvarioustypesofeffectandcoloredstarsthatarelaunchedandignitedatalowaltitude, TITANIUMSALUTES-theseshellsexplodeintoaburstofbrilliantwhitelightsandboomingreports,ASSORTEDCOLOR &CRACKLINGEFFECTS-assortedcolorpeoniesandchrysanthemumswithcracklingeffects,WILLOWS-veryfine lineswithanumbrellalikeeffectcascadingslowly,ETC. OPENINGBODYFINALETOTAL SHELLS 2.5"SHELLS7272144288 3"SHELLS0180240420 4"SHELLS1819854270 GIANT EXHIBITION CAKES OVER600 SHOTS OVER1600 SHOTS OVER1200 SHOTS OVER3500 SHOTS Changestotheshellcountswillnotaffectthequalityordurationoftheshow.Wearecompensatingwitha greatervaluefortheCityofSouthMiami.WeareaddingGiantExhibitionCakesthatwehavedesigned. Theyareandwillbeanenhancementtoincreasethevolumeoffireworksintheairpersecond,andwillbe creatingalayeringeffectaswellasagreatervarietyandamuchmoreIntenseshow.Thisisaperfect venueforthesetypesoffireworks. Southf1 Miami THE OTY OF PLEASANT LIVING VERBAL QUOTE RECORD:July 4th FIREWORKS DISPLAY VENDOR CONTAQ STATUS Date 1 Zambelli Mason Meyer BOOKED;SOLD OUT 4/21/2015 800/860-0955 2 Pyrotecnlco Chris Liberatore BOOKED;SOLD OUT 4/21/2015 954/401-2677 3 Zigmont MagicF/X Lisa BOOKED;SOLD OUT 4/21/2015 813-689-6269 4 East Coast Pyro Jeff BOOKED;SOLD OUT 4/21/2015 803//789-5733 5 Fireworks Pros Frank NO QUOTE 4/21/2015 305/259-6699 mmmmm*£;£^llv&«r-;;&i &m®mmm?M mmm 305/258-8820\.Mr/f.//Title: Scope of Services Invitation toQuote:(ITQ #PR2015-06) City ofSouth Miami Fireworks Display for July 4,201S Showtime:After Dusk;Approx.9:15 PM "Lump Sum Quote" I.Scope: The Chy of South Miami is seeking quotations from experienced and capable parties to develop a custom fireworks display for a period of 12 to 15 minutes on July 4,2015,at the City of South Miami's Palmer Park.Respondent shall furnish all materials and equipment necessary to secure the completion of the work.The work includes the delivery,set-up and disposal of fireworks and all related materials and equipment and,obtaining all permits related to fireworks and reflected in the Respondents "Lump Sum"quote. Note:The Respondent shall have access to the site location for set-up and shall work with the Chy*Parks <fi Recreation Department and Special Events Coordinator to ensure all necessary access Is provided to meet the approximate show time and date. 2.Permits anfl S>ffr«y Respondent shall be responsible to secure all permits and conform to all municipal regulations relating to fireworks displays.Respondent shall be responsible for obtaining permitting through Miami Dade County Fire Department for the Fireworks Display and,coordinating a final walk through.The Respondent shall verify and assume responsibility that the firing area provided by the City conforms to NFPA Code 1123-1995,which states that there must be at least 70 feet per inch of shell diameter between firing site and any spectators,cars or buildings.The display program requires a safety zonethat has a radius of350 feet,if5"shells aretobe used. The City ofSouth Miami shall provide police and adequate parking supervision at the designated locations and shall ensure the "Safety Zone"as marked and secured by the Respondent,and is patrolled until the Respondent advises City personnel that the "Safety Zone"is no longer needed. 3.Site Location: The Fireworks Display shall be held at the City of South Miami's Palmer Park located at 6100 SW67Avenue,South Miami,FL 33143. 4.Rain Date; In the event of inclement weather and the display must be cancelled on July 4,2015;a Rain Date ofJuly 5.2015 has been established:all prices,terms and conditions shall apply. 5.Minimum Shell Count: Shell C0"nt;The Respondent shall,ata minimum,provide a display that includes the following estimatedshell count OPENING BODY FINALE TOTAL SHELLS 2.5 Shells 72 72 144 3"Shells 120 300 420 4"Shells 18 198 72 288 5"Shells None None None None CAKES 600 Shots 1200 Shots 1800 Shots 6.Fireworks Efforts The display shall include,but not be limited to,the following fireworks effects: •ASSORTED MINES,ASSORTED COLOR,PEONIES & CHRYSANTHEMUMS -bursts resembling a round and weeping flower pattern, •WHISTLES-a break of color,followed by whistles, •SCREAMING DRAGONS -a break of bright magnesium colors followed by loud screaming whisde, •GOLD FLITTER,SILVER OR GILTER CROSSETTES -exploding comets crackling into crisscrossing effects, •FANCY STAR SHELLS -Assorted brilliant colors in various patterns, •SPIDERWEBS -long hanging fine webs of gold or silver, •TOURBILLIONS -titanium silver spinning effects, •RINGSHELLS -assorted ring patterns of different colors of one,two,three or five different colors, •GOLDEN,SILVER.GLITTERING OR CRACKLING PALM TREES -a palm tree imagewithtrunk-likedifferent forms, ASSORTED TWO and THREE COLOR CHANGING CHRYSANTHEMUMS &&PEONIES -two or three distinct color changes that resemble a round and weepingflowerpattern, STROBES -a variety of bright twinkling shells, ASSORETED COLOR BROCADES -a dense golden,silver or assorted color effect ending at the tips with an umbrella-like canopy cascading and falling low, MULTI-BREAK SALUTE SHELLS -a variety of salute effects that incorporate multiple powerful reports into the display, ASSORTED COMETS,bright luminous thick tail with comet-like appearance with various colors. ASSORTED TIGERTAILS,similar to comets. ASSORTED MINES,projects various types of effect and colored stars that are launched and ignited ata low altitude, TITANIUM SALUTES -these shells explode into a burst of brilliant white lights and booming reports, ASSORTED COLOR &CRACKLING EFFECTS -assorted color peonies and chrysanthemums with crackling effects, WILLOWS -very fine lines with an umbrella like effect cascading slowly. Additional fireworks may be acceptable upon review and approval by the Gtfs Project Manager for this event The City reserves the right to award the Project to the Respondent with the lowest most responsive,responsible Proposal,as determined by the City,subject to the right of the City,or the City Commission,to reject anyand all proposals,and the right of the City to waive any irregularity in the Proposals or ITQ procedure and subject also to the right of the City to award the Project,and execute a contract with a Respondent or Respondents,other than to the one who provided the lowest Proposal Price. EXHIBIT I Insurance&Indemnification Requirements 1.01 Insurance A.Without limiting its liability,the contractor,consultant or consulting firm (hereinafter referred to as "FIRM"with regard to Insurance and Indemnification requirements)shall be required to procure and maintain at its own expense during the life of the Contract,Insurance ofthe types and In the minimum amounts stated below as will protect the FIRM,from daims which may arise outofor result from the contract or the performance ofthe contract with the City ofSouth Miami,whether such claim Is agal nst the FIRM or any sub-contractor,or by anyone directly or indirecdy employed by any ofthem or by anyone for whose acts any of them may be liable. B.No insurance required bythe CITY shall be issued orwritten by a surplus lines carrier unless authorized In writing bythe OTY and such authorization shall beatthe CITY's sole and absolute discretion.The FIRM shall purchase insurance from and shall maintain the insurance with acompany orcompanies lawfully authorized to sell insurance in the State ofFlorida,on forms approved by the State ofFlorida,as will protect the FIRM,ata minimum,from ail daims as set forth below which may arise out ofor result from the FIRM's operations under the Contract and for which the FIRM may be legally liable,whether such operations be by the FIRM or by aSubcontractor or by anyone directly or indirectly employed by any of them,orby anyone for whose acts any ofthem may be liable:(a)claims under workers' compensation,disability benefit and other similar employee benefit acts which are applicable to the Work to be performed;(b)claims for damages because of bodily Injury,occupational sickness or disease,or death ofthe FIRM's employees;(c)claims for damages because of bodily injury,sickness or dsease,or death ofany person other than the RRM's employees;(d)claims for damages insured by usual personal Injury liability cowjrage;(e)claims for damages,other than to the Work itself,because ofInjury toor destruction oftangible property,including loss ofuse resulting there from;(f)daims for damages because of bodily injury,death ofa person or property damage arising out of ownership,maintenance or use ofa motor vehicle;(g)claims for bodily injury or property damage arising out ofcompleted operations;and <h)claims involving contractual (lability insurance applicable to the FIRM's obligations under the Contract 1°2 Firm'*Insurance generally-The FIRM shall provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter),the Insurance coverage written on Florida approved forms and as set forth below: if'3 WprtafS'Compensation Insurant at the statutory amount as to all employees in compliance with the Workers*Compensation Law"ofthe State ofFlorida including Chapter -440,Florida Statutes,as presently written or hereafter amended,and all applicable federal laws.In addition,the policy (les)must include:Employers'Liability at the statutory coverage amount The FIRM shall further Insure that all of its Subcontractors maintain appropriate levels ofWorker's Compensation Insurance. 1*04 Commercial Comprehensive General Liability insurance with broad form endorsement,as well as automobile liability,completed operations and products liability,contractual liability,severability ofInterest with cross liability provision,and personal Injury and property damage liability with limits of$1,000,000 combined single limit per occurrence and $2,000,000 aggregate,Including: •Personal Injury:$1,000,000; •Medical Insurance:$5,000 per person; •Property Damage:$500,000 each occurrence; •-05 Umbrella Commercial Comprehend G«iu»r*l t frhjifry insurance shall be written on aFlorida approved «Ivia IWle covera*e as *e Pr,mary Insurance policy but In the amount of$1,000,000 per claim and$2,000,000 Annual Aggregate.Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy,without restrictive endorsements,as filed by the Insurance Services Office,and must include: (a)Premises and Operation (b)Independent Contractors <c)Products and/or Completed Operations Hazard (d)Explosion,Collapse and Underground Hazard Coverage (e)Broad Form Property Damage (f)Broad Form Contractual Coverage applicable to this specific Contract including any hold harmless and/or indemnification agreement (g)Personal Injury Coverage with Employee and Contractual Exclusions removed,with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 1-06 Plliirrcw Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00)plus an additional One Million Dollar ($1,000,000.00)umbrella per occurrence combined single limit for Botfly Injury Liability and Property Damage Liability.Umbrella coverage must beafforded onaform no more restrictive than the latest edition of the Business Automobile Liability policy,without restrictive endorsements,as filed by with the state of Rorida,and must include: (a)OwnedVehicles. (b)HiredandNon-Owned Vehicles (c)Employers'Non-Ownership 1.07 SUBCONTRACTS;The FIRM agrees that if any part oftheWork 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. 1-08 Fire and Extended Coverage Insurance Guilders'Risk).IF APPLICABLE A.In the event that this contract involves the construction ofa structure,the CONTRACTOR shall maintain,with an Insurance Company or Insurance Companies acceptable tothe CITY,"Broad"form/All Risk Insurance on buildings and structures,including Vandalism &Malicious Mischief coverage,while In the course of construction,including foundations,additions,attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures.The policy or policies shall also cover machinery,if the cost ofmachinery Is included In the Contract or if the machinery is located in abuilding that Is being renovated by reason of this contract The amount of insurance must,at all times,beat least equal to the replacement and actual cash value ofthe Insured property.The policy shall be In the name of the OTY and the CONTRACTOR,as their interest may appear,and shall also cover the Interests of all Subcontractors performing Work. B.All of the provisions set forth in Section 5.4 herein below shall apply to this coverage unless it would be dearly not applicable. 1.09 Miscellaneous.- A.ff any notice of cancellation ofinsurance orchange in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract the FIRM shall be responsible for securing other acceptable insurance prior to such cancellation,change,or expiration so as to provide continuous coverage as specified in this section and soasto maintain coverage during the life of thisContract B.All deductibles must be declared by the FIRM and must beapproved by the CITY.At the option of the CITY,either the FIRM shall eliminate or reduce such deductible orthe FIRM shall procure a Bond,in a form satisfactory tothe CITY covering the same. C The policies shall contain waiver of subrogation against CITY where applicable,shall expressly provide that such policy or policies are primary over any other collectible Insurance that CITY may have.The CITY reserves the right atany time to request acopy of the required policies for review.All policies shall contain a"severability of Interest-or 4lcross liability"clause without obligation for premium payment ofthe OTYas well as contractual liability provision covering the Contractors duty to indemnify theCityas provided in this Agreement D.Before starting the Work,the FIRM shall deliver tothe CITY and CONSULTANT certificates of such insurance,acceptable tothe CITY,as well as the insurance binder,if one is issued,the Insurance policy, including thedeclaration page and all 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 or better per AM.Best's Key Rating Guide,latest edition and authorized to issue insurance inthe State of Florida,All insurance policies mustbe written on forms approved bythe State of Florida and they must remain in full force and effect for the duration ofthe contract period with the CITY.The FIRM may be required bythe CITY,at its sole discretion,to provide a"certified copy"ofthe Policy (as defined in Article I of this document)which shall Include the declaration page and all required endorsements.In addition,the FIRM shall deliver,at the time of delivery ofthe insurance certificate,the following endorsements: (1)a policy provision or an endorsement with substantially similar provisions as follows: "The City ofSouth Miami is an additional insured.The Insurer shall pay all sums that the City of South Miami becomes legally obligated to pay as damages because of'bodily injury",'property damage1,or"personal and advertising injury"and it will provide to the City all ofthe coverage that is typically provided under the standard Rorida approved forms for commercial general liability coverage Aand coverage B"; (2)a policy provision or an endorsement with substantially similar provisions as follows: •This policy shall not be cancelled (including cancellation for non-payment of premium), terminated or materially modified without first giving the City of South Miami ten (10)days advanced written notice of the Intent to materially modify the policy orto cancel or terminate the policy for any reason.The notification shall bedelivered tothe City by certified mail,with proofof delivery tothe City." E.If the FIRM Is providing professional services,such as would be provided by an architect engineer, attorney,or accountant to name a few,then In such event and in addition tothe above requirements, the FIRM shall also provide Professional Liability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim ifany,not to exceed S%ofthe limit ofIfabifity providing for all sums which the FIRM shall become legally obligated to pay as damages for claims arising out ofthe services orwork performed by the FIRM Its agents,representatives,Sub Contractors or assigns,or by any person employed or retained byhim In connection with this Agreement This insurance shall be maintained for four years after completion ofthe construction and acceptance ofany Project covered by this Agreement,However,the FIRM may purchase Specific Project Professional Liability Insurance,In the amount and under the terms specified above,which Is also acceptable.No insurance shall be issued by a surplus lines carrier unless authorized in writing by the city atthe city's sole,absolute and unfettered drscretion. Indemnification Requirement A.The Contractor accepts and voluntarily Incurs all risks of any injuries,damages,or harm which might arise during the work orevent that is occurring on the CITY's property due to the negligence orother fault ofthe Contractor or anyone acting through oron behalf ofthe Contractor. a 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 or cost and expenses,Including reasonable attorneys fees,paralegal fees and investigative costs incidental there to and incurred prior to,during or following any litigation,mediation,arbitration and at all appellate levels,which may be suffered by,or accrued against,charged to or recoverable from the City of South Miami,its officers,affiliates,employees,successors and assigns,by reason of any causes of actions or claim of any kind or nature,Including claims for injury to,or death of any person or persons and for the loss or damage to any property arising out ofa negligent error,omission,misconduct or any gross negligence,intentional act or harmful condua ofthe Contractor,its contraaor/subcontractor or any of their officers,direaors,agents,representatives, employees,or assigns,or anyone acting through or on behalf ofany of them,arising out ofthis Agreement Incident toit or resulting from the performance or non-performance ofthe Contraaor's obligations under this AGREEMENT. C The Contractor shall pay all claims,losses and expenses ofany kind or nature whatsoever,in connection therewith,including the expense or loss of the CITY andfor its affeaed officers,affiliates,employees, successors and assigns,including their attorne/s fees,in the defense ofany action in law or equity brought against them and arising from the negligent error,omission,or aaofthe Contractor,its Sub-Contractor or any of their agents,representatives,employees,or assigns,and/or arising out of,or Incident to,this Agreement or incident to or resulting from the performance or non-performance ofthe Contractor's obligations under this AGREEMENT. D.The Contractor agrees and recognizes that neither the CITY nor its officers,affiliates,employees, successors and assigns shall be held liable or responsible for any claims,including the costs and expenses of defending such claims which may result from or arise out ofactions or omissions of tiie Contractor,its ^^r/subcontractor or any of their agents,representatives,employees,or assigns,or anyone acting through or on behalf ofthe them,and arising out ofor concerning the work or event that is occurring on the CITYs property.In reviewing;approving or rejeaing any submissions or acts of the Contractor,CITY in no way assumes or shares responsibility or liability for the acts or omissions of the Contractor,Its contractor/subcontractor or any or their agents,representatives,employees,or assigns,or anyone acting through oron behalf ofthem. r«,L*The Contractor has the duty to provide adefense with an attorney orlaw firm approved by the CitvofSouthMiami,which approval will not be unreasonably withheld.V F.However,as to design professional contracts,and pursuant to Section 725.08 (I),Florida Statutes none of the provisions set forth herein above that are in conflltt with this subparagraph shall apply and this subparagraph shall set forth the sole responsibility of the design professional concerning indemnification.Thus, the design professionai's obligations as to the City and Its agencies,as well as to Its officers and employees,is to indemnity and hold them harmless from liabilities,damages,losses,and costs,including but not limited to, reasonable attorneys'fees,to the extent caused by the negligence,recklessness,or intentionally wrongful condua ofthe design professional and other persons employed or utilized by the design professional In the performance of the contract Detail by Entity Name Page 1 of 3 •Florida Department of State m.:.•... Division of Corporations ,?////,/•;-•---']•••••••,'•'•'..•:.: Detail by Entity Name Florida Profit Corobration FIREPOWER DISPLAYS UNLIMITED,INC. Filing Information Document Number P94000079579 FEI/EIN Number 650531484 Date Filed 10/27/1994 State FL Status ACTIVE Principal Address 14240 SW 256 STREET PRINCETON,FL 33032 Changed:03/20/2003 Mailing Address 14240 SW 256 STREET PRINCETON,FL 33032 Changed:01/25/2012 Registered Agent Name &Address AVINS,GARY S 26451 SW173PL HOMESTEAD,FL 33031 Name Changed:01/16/2007 Address Changed:01/25/2012 Officer/Director Detail Name &Address Title PVTS AVINS,GARY S 26451 SW173PL HOMESTEAD,FL 33031 Annual Reports Report Year Filed Date http://search.sunbiz.org/Inquiiy/CorporationSearch/SearchResultDetail7inq...4/24/2015 Detail by Entity Name 2013 2014 2015 02/04/2013 01/13/2014 01/12/2015 Document Images 01/12/2015 -ANNUAL REPORT 01/13/2014 -ANNUAL REPORT 02/04/2013 -ANNUAL REPORT 01/25/2012 -ANNUAL REPORT 01/12/2011 -ANNUAL REPORT 01/05/2010 -ANNUAL REPORT 02/04/2009 -ANNUAL REPORT 07/07/2008 -ANNUAL REPORT 01/16/2007 -ANNUAL REPORT 01/18/2006 -ANNUAL REPORT 01/10/2005 -ANNUAL REPORT 01/12/2004-ANNUAL REPORT! 03/20/2003 -ANNUAL REPORT 10/30/2002 -ANNUAL REPORT 05/15/2001 -ANNUAL REPORT 04/19/2000 -ANNUAL REPORT 04/27/1999 -ANNUAL REPORT 04/27/1998 -ANNUAL REPORT 03/19/1997 -ANNUAL REPORT 03/26/1996 -ANNUAL REPORT 05/01/1995 -ANNUAL REPORT View image inPDFformat View image inPDFformat View image in PDFformat View image inPDFformat View image inPDFformat View image inPDF format View image inPDFformat View image inPDFformat View image inPDF format View image inPDF format View image in PDF format [View image in PDF format View image inPDFformat View image in PDF format | View image inPDFformat View image inPDFformat View image inPDFformat View image inPDFformat View image inPDFformat View image in PDF format J View image inPDFformat Copyright ©and Privacy Policies State ofFlorida,Department of State Page 2 of 3 http://search.simbiz.or^4/24/2015 2015 FLORIDA PROFIT CORPORATION ANNUAL REPORT DOCUMENT*P94000079579 Entity Name:FIREPOWER DISPLAYSUNLIMITED,INC. Current Principal Place of Business: 14240 SW 256 STREET PRINCETON,FL 33032 FILED Jan 12,2015 Secretary of State CC3675719760 Current Mailing Address: 14240 SW 256 STREET PRINCETON,FL 33032 FEI Number:65-0531484 Name and Address of Current Registered Agent: AVINS,GARY S 26451 SW 173 PL HOMESTEAD,FL 33031 US Certificate of Status Desired:No Theabovenamedentitysubmitsthisstatementforthepurposeofchangingitsregisteredofficeorregisteredagent,orboth,intheStateof Florida. SIGNATURE: ElectronicSignatureof Registered Agent Officer/Director Detail: Title PVTS Name AVINS,GARY S Address 26451 SW 173 PL City-State-Zip:HOMESTEAD FL33031 Date Iherebycertify thatthe information Indicated onthisreport or supplemental report istrueand accurate and that my electronic signature shallhavethesamelegaleffectasifmadeunder oath;thatIamanofficer ordirector ofthecorporation orthereceiver ortrustee empowered toexecute this report as required by Chapter 607,Florida Statutes;endmatmynameappears above,oronan attachment withall other like empowered. SIGNATURE:GARY AVINS PRESIDENT 01/12/2015 ElectronicSignatureofSigning Officer/Director Detail Date