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2TilE CITY or PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission From: Steven J. Alexander, City Manager Date: May 20,2014 Agenda Item No.: __ Subject: A Resolution authorizing the City Manager to enter into a contract with Fireworks Displays Unlimited, LLC, in the amount of $8,500 for fireworks for the 20 14 Fourth of July celebratory event. Background: On May 5t h, 2014, a solicitation for fireworks display for the 2014 Fourth of July event was issued. This solicitation was advertised on the City's website and Demand Star. Five companies were also contacted through the Purchasing Department advising them of the solicitation. On May 13, 2014, Fireworks Displays Unlimited, LLC, a local fireworks company submitted a proposal in the amount of $8,500, meeting the scope of services required by the City. No other proposals were received. In the past, Fireworks Display Unlimited, LLC, has provided a great display of fireworks for this celebratory event at Palmer Park. In the event of stormy/rainy weather and the fireworks can not be displayed on 7/412014, then the next designated day would be 7/5/2014. Upon approval. payment in the amount of $8.500 for the fireworks display will be generated through account number 001-2000-572-4820. Promotional Activities/Special Events. which has a current balance of $14,719. This payment will be in two installments; half prior to the event and then the remainder after the event. Expense: $8.500 Account: 001-2000-572-4820 (Promotional Activities/Special Events) Attachments: Proposed Resolution Bid Information Proposal, Fireworks Displays Unlimited, LLC Solicitation Notifications 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 RESOLUTION NO. _____ _ A Resolution authorizing the City Manager to enter into a contract with Fireworks Display Unlimited, LLC, in the amount of $8,500 for fireworks for the 2014 Fourth of July celebratory event. WHEREAS, the City issued a solicitation for a fireworks display for the 2014 Fourth of July event; and, WHEREAS, the solicitation was posted on the City's website, and Demand Star; and, WHEREAS, the City notified five other fireworks companies stating that a solicitation had been posted; and, WHEREAS, the City received a proposal in the amount of $8,500 from Fireworks Displays Unlimited, LLC, a local company, which met the scope of services in the solicitation; and, WHEREAS, payment in the amount of $8,500 will be funded through the expenditure line item of 001-2000-572-4820, Promotional Activities/Special Events, with a current balance of $14,719. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section I. The City Manager is hereby authorized to enter into a contract with Fireworks Displays Unlimited, LLC, for the 2014 Fourth of July celebratory event, in the amount of $8,500, using account number 001-2000-572-4820, Promotional Activities/Special Events. Section 2. In the event of stormy/rainy weather and the fireworks can not be displayed on 7/4/2014, then the next designated day would be 7/5/2014. Section 3. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 4. This resolution shall become effective immediately upon adoption by vote of the City Commission. PASSED AND ADOPTED this __ day of ______ " 2014. ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATTORNEY Page 1 of 1 MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Harris: Commissioner Liebman: Commissioner Welsh: Commissioner Edmond: BID OPENING REPORT Bids were opened on: Tuesday. May 13 3 2014 ~Iftcr: lO:OOam ITO # SE2014-02 July 411l Fireworks Display atP~11mcrPark COMP ANIES THAT SUBMITTED PROPOSALS: AMOUNT: ------------------------- --------------------------------~--~. -.. ---------------------~~ THE ABOVE BIDS HAVE NOT BEEN CHECKED. THE BIDS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED. City Clcrk:.~ p~ (){ Print N e Witness; J.l+!!:y.~_.£LL Print Name Witness: Print Name Sponsors Contact FIREWORKS DISPLAYS UNLIMITED . .. a division of Firepower Displays SPECTACULAR CUSTOM FIREWORKS DISPLAYS FOR ANY OCCASION CONTRACT FOR FIREWORKS DISPLAYS City of South Miami Maria Stout-Tate Date of Display Location July 4,20141 July 5,2014 (Rain Date) Palmer Park Time Duration Show Price Deposit Remarks After Dusk-approx. 9:15 PM Approx 12-15 minutes $8,500 $4,250 We the undersigned, being interested in a fireworks display for City of South Miami agree to pay a price of $8,000 for the display agreed upon, which will be furnished by Fireworks Displays Unlimited, LLC. The undersigned, intending to be legally bound, agree as follows: 1. Sponsor to make a deposit !dayfilen! of 50% cOhe contact price upon signing of contract, but no later than 30 days prior to display. 2. 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 at the 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 as a result of Sponsor's default of any of the terms and provisions herein contained. 3. SPONSOR'S AGENT: Steven Alexander, City Manager andlor Maria E. Stout-Tate. Special Events Coordinator be designated as sponsor's agent to whom all questions and inquiries shall relay all questions and inquiries. Sponsor's agent shall be the only agent of sponsor authorized to request rescheduling of the delivery and exhibition of the fireworks on the part of the sponsor. 4. If event is on land, sponsor to furnish police and/or crowd security personnel, provide proper parking supervision, and insure adequate patrol of the safety zone as marked and secured by the sponsor until Fireworks Displays Unlimited, LLC advises that it is no longer necessary. Fireworks Displays Unlimited, LLC is not responsible for clean-up of land-based shows other than company equipment, supplies and packing materials. A land based fireworks show produces debris. Sponsor shall be responsible for the clean-up of any 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. NOTE: In accordance with local regulations and ordinances, fireworks displays shall not take place later than 10:30pm unless approval is obtained from the governing authority. The restrictions shall 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 nofdischarged. 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 to the Inclement Weather Date set forth by Sponsor. 15. IMPORTANT NOTE: Items listed in this proposal assume a firing area that 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. This program requires a safety zone that has a radius of 350 feet because of the inclusion of.§.:ingh shells. Adjustments will be made to the content of this program if necessary to conform to NFPA 1123-1995. ""Fireworks Displays Unlimited, LLC, upon acceptance of this contract in writing, agrees to fulfill the contract in a workmanlike and professional manner. Date City Attorney Read and Approved as to form, legality, language and execution thereof Sponsor Fireworks Displays Unlimited, LLC. ASSORTED MINES, ASSORTED COLOR, PEONIES & CHRYSANTHEMUMS -bursts resembling a round and weeping flower pattern, WHISTLES -a break of color, followed by whistles, SCREAMING DRAGONS -a break of bright magnesium colors followed by loud screaming whistle, GOLD FLITTER, SILVER OR GLITTER CROSSETTES -exploding comets crackling into crisscrossing effects, FANCY STAR SHELLS -Assorted brilliant colors in various patterns, SPIDERWEBS -long hanging fine 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 image with trunk-like different forms, ASSORTED TWO and THREE COLOR CHANGING CHRYSANTHEMUMS & PEONIES -two or three distinct color changes that resemble a round and weeping flower pattern, STROBES -a variety of bright twinkling shells, ASSORTED 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 at a 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, ETC. OPENING BODY FINALE TOTAL SHELLS 2.5" SHELLS 72 0 72 144 3" SHELLS 0 120 300 420 4" SHELLS 18 198 72 288 CAKES 600 shots 1200 shots 1800 shots CITY OF SOUTH MIAMI INVITATION TO QUOTE ITQ #SE2014-Q2 LUMP SUM PROPOSAL SUBMITTED TO: City Clerk PROJECT: July 4, 2014 Fireworks Display at Palmer Park NAME: Maria Menendez. CMC ADDRESS: 6100 SW 67 Avenue ADDRESS: 6130 Sunset Drive CITY/STATE: ~M7.la~m~I~,F=lo~r~ld~a~373~13~4~------------------------~ CITY/STATE: South Miami, FI 33143 ISSUE DATE: Monday, May 5, 2014 PHONE: 305-663-6339 MANDATORYPRE~U~O~T~E~M~E=ET~IN~G~:----~------~~~~~--~----E-MAIL: skulick@southmiamln.gov. DUE DATE: Tuesday, May 13, 2014 at 10 A.M. QUOTE SUBMISSION REQUIREMENTS: Quotes submitted after 10 AM on the due date will not be accepted unless otherwise specified In the quote document of a time chango. All quotes will be submitted to the City Clerks Office In a sealed envelope. The lebel on the on the envelope needs to read as follows: City of South Miami Marla M. Menendez, CMC 6130 Sunset Drive South Miami, Fl. 33143 Project Name: July 4.2014 Fireworks Display at Palmer Park Must input project name. if label does not have all Information above your quote will not be accepted. INSURANCE REQUIREMENTS: The CITY'S insurance requirements are attached (Exhibit 1). As a condition of award. the awarded vendor must provide a certificate of insurance naming the city as additional insured. AFFIDAVITS REQUIRED WITH SUBMITTAL: (Exhibit 2) Respondents must complete and submit with your quote affidavits provided in Exhibit 2. qUESTIONS: Any Requests for additional Information or questions must be in writing, emalled by 10 AM local time on April 30, 2014 to the attention of Mr. Steven Kulick, Purchasing Manager at skullck@southmlamlfl.gov. SCOPE OF WORK DESCRIPTION ITO BE COMPLETED BY clm: REFER TO 'SCOPE OF SERVICES," COpy ATTACHED DESCRIPTION OF WORK TO BE PERFORMED BY CONTRACTOR: Item Number Item Description Unit Qty Rpferto 'Scol2!1!ot Services,' Copy AttBchelj LUMP S.UM TOTAL ompJellon of the work. Contractor shall be compensated according d should be ,,,nabted In the LumpSump OUol1). but must be attached to this fonn. Firm Name: Address: Amount THE EXECUTION OF TfUS FORM CONSTrrUTES THE UNEOUNOCAL OFFER OF PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLlCrrATION WHERE INDtCATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER niE PROPOSAL NON-RESPONSNE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT NN PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEOUNOCALLY BINDS THE PROPOSER TO THE TERMS OF ITS OFFER. THE CITY'S REQUEST FOR QUOTES IS FOR THE LOWEST AND MOST RESPONSIVE PRICE. THE CITY RESERVES THE RIGHT TO AWARD THE PROJECT TO THE FIRM CONSIDERED THE BEST TO SERVE THE CITY'S INTEREST. SCOPE OF SERVICES ITQ: FIREWORKS DISPLAY FOR JULY 4, 2014 SHOW TIME: AFTER DUSK; ApPROX. 9: 15 PM The City of South Miami is seeking quotations from experienced and capable parties to develop a custom fireworks display for a period of 12 to 15 minutes on July 4, 2014, at the City of South Miami's Palmer Park (6100 SW 67 Avenue). The scope of services will be delivered to Palmer Park safely and to the City's satisfaction. Contractor 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 materials and equipment and all related fireworks materials and; should be reflected in the Contractor's Lump Sum bid price. Additionally, the Company will be responsible for obtaining the permitting through Miami Dade County Fire Department for the Firework display and setting up a final walk through. The Contractor shall have access to the show location for set-up and shall work with the City's Parks & Recreation Department and Special Events Coordinator to ensure all necessary access is provided to meet the approximate show time and date. Contractor is responsible to secure all permits and conform to all municipal regulations relating to fireworks displays and should be reflected in the Lump Sum quote. The Contractor 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 zone that has a radius of 350 feet, if 5" shells are to be used. In the event of inclement weather and the display must be cancelled on July 4, 2014; a Rain Date of July 5, 2014 has been established; all prices, terms and conditions shall apply. Shell Count: The Contractor shall, at a minimum, provide a display that includes the following estimated shell count: ---- OPENING BODY FINALE TOTAL SHELLS '" 2.5 Shells 72 72 144 3" Shells 120 300 420 -.. -~ 4" Shells 18 198 72 288 5" Shells None None None None CAKES 600 Shots 1200 Shots 1800 Shots -~~= Fireworks Effects: The display shall include, 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 whistle, GOLD FLITTER, SILVER OR GIL TER 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 image with trunk-like different forms, ASSORTED TWO and THREE COLOR CHANGING CHRYSANTHEMUMS & & PEONIES -two or three distinct color changes that resemble a round and weeping flower pattern, 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, MUL TI- 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 at a 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 of how large the shell explodes and what it displays. The City of South Miami shall provide police and adequate parking supervision at the designated locations and shall ensure the "Safety Zone" as marked and secured by the Contractor, is patrolled until the Contractor advises City personnel that the "Safety Zone" is no longer needed. The City reserves the right to select for award the Project to the person 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 any and all proposals, and the right of the City to waive any irregularity in the Proposals or RFP 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. Park Location: Palmer Park -6100 SW 67 Avenue, South Miami, FL 33143 CONTRACT THIS CONTRACT was made and entered into on this c£3 day of MCA ~ . 20~ by and betweenFhf'N(;(~'S:. I) \ ::::-,0 \C)"1,:CL hereafter referred to as "Contractor", and the City ~ South Miami, hereafter referred to as "Owner", through its City Manager, hereafter referred to as "City". WITNESETH: That, the Contractor, for the consideration hereinafter fully set out, hereby agrees with the Owner as follows: I. The Contractor shall furnish all labor, materials, equipment, machinery, tools, apparatus, transportation and any other items necessary to perform all of the work shown on and described in the Contract Documents and shall do everything required by this Contract and the other Contract Documents hereinafter referred to as the Work. 2. The Contract Documents shall include this Contract, General Conditions to the Contract, if any, the drawings, plans, specifications and project manual, if any, any supplementary or special conditions, other documents referring to this contract and signed by the parties, the solicitation documents ("hereinafter referred to as "Bid Documents") and any documents to which those documents refer which are used by the Owner as well as any attachments or exhibits that are made a part of any of the documents described herein. 3. The Contractor shall commence the Work to be performed under this Contract on a date to be specified in a Notice to Proceed and shall complete all Work hereunder within the length of time set forth in the Contract Documents. 4. The Owner hereby agrees to pay to the Contractor for the faithful performance of this Contract, subject to additions and deductions as provided in the Contract Documents and any properly approved, written change orders. lawful the United States, me;jmount of; (Spell Doli,. Amount I..,. r j Dollars ($ :?~<£'CiO.oO_), Lump Sum ("Contract Price"). 5. The expenses of performing Work after regular working hours, and on Sunday and legal holidays shall be Included in the Contract Price. 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 City. 6. If the Work is expected to require more than one month, the Owner shall make monthly partial payments to the Contractor on the basis of a duly certified and approved schedule of values for the Work performed during each calendar month by the Contractor, less the retainage (all as provided for in the Contract Documents), which is to be Withheld by the Owner until completion and acceptance of the complete project in accordance with this Contract and the other Contract Documents and until such Work has been accepted by the City. 7. Upon submission by the Contractor of eVidence satisfactory to the City that all labor, material, and other costs incurred by the Contractor in connection with the construction of the Work have been paid in full, and after compliance with the terms for payment provided for in the Contract Documents, final payment on account of this Contract shall be made within Sixty (60) calendar days after the completion by the Contractor of all Work covered by this Contract and the acceptance of such Work by the City. 8. In the event that the Contractor shall fail to complete the Work within the time limit stipulated in the Contract Documents, or the extended time limit agreed upon, in accordance with the procedure as more particularly set forth in the Contract Documents, liqUidated damages shall be paid at the rate of $0.00 dollars per day, plus any monies paid by the Owner to the Consultant, if any, for additional engineering and inspection services, if any, associated with such delay. 9. It is further mutually agreed between the parties hereto that if a Payment and/or Performance Bond ("Bond") is required and if, at any time after the execution of this Contract and the Bond for its faithful performance and payment, the City shall deem the Surety or Sureties upon such bond(s) to be unsatisfactory. or if, for any reason such bond ceases to be adequate to cover the performance of the Work or payment to subcontractors and suppliers, the Contractor shall, at its expense within five (5) business days after the receipt of notice from the City so to do, furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the City. In such event, no further payment to the Contractor shall be deemed to be due under this Contract until such new or additional security for the faithful performance of the Work is furnished in the manner and in the form satisfactory to the City. 10. No additional Work or extras shall be done unless the same is duly authorized in advance of the work by appropriate action by the City and in accordance with the Contract Documents. © Thomas F. Pepe 2014. 4/17/14 Page I of 2 II. CONTRACTOR and all of its subcontractors are required to comply with public records laws (s.119.0701) while providing services on behalf of the CITY and the CONTRACTOR, under such conditions, shall incorporate this paragraph in all of its subcontracts for this Project. CONTRACTOR and its subcontractors are specifically required to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service; (b) Provide the public with access to pUblic records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the.stay .. a51n-s te first above written, in five (5) counterparts, each of which shall, without proof or accou, n~g>~the other ounterpart be deemed an original Contract. / ~ ... _~ __ WITNESSES: (print name of Witness) AUTHENTICATION: Signature: ~-:--_:-:-_--:-_____ _ Maria Menendez City Clerk Read and Approved as to Form, Language, Legality and Execution thereof: Signature: ___________ _ City Attorney © Thomas F. Pepe 2014. 4/17114 OWNER: CITY OF SOUTH MIAMI Signature:,--::--_-:-:--_-:-________ _ Steven Alexander City Manager Page 2 of 2 EXHIBIT I INSURANCE AND INDEMNIFICATION 1.1 Insurance - A. Without limiting its liability, the vendor, contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub-contractor, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. B. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The FIRM shall purchase insurance from and shall maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. 2.1 Firm's Insurance Generally The FIRM shall prOVide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: A. Professional liability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the FIRM shall become legally obligated to pay as damages for claims ariSing out of the services or work performed by the FIRM its agents, representatives, Sub-Contractors or assigns, or by any person employed or retained by him in connection with this Contact. This insurance shall be maintained for four years after completion of the construction and acceptance of any Project covered by this Contact. However, the FIRM may purchase Specific Project Professional Liability Insurance, in the amount and under the terms specified above, which is also acceptable. B. Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must include: Employers' Liability at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. C. Commercial Comprehensive General Liability insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined Single limit per occurrence and $2,000,000 aggregate, including: • Personal Injury: $1,000,000; • Medical Insurance: $5,000 per person; • Property Damage: $500,000 each occurrence; • Automobile Liability: $1,000,000 each accident/occurrence. • Umbrella: $1 ,000,000 per claim D. Umbrella Commercial Comprehensive General Liability insurance shall be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: (I) (2) (3) (4) (5) (6) Premises and Operation Independent Contractors Products and/or Completed Operations Hazard Explosion, Collapse and Underground Hazard Coverage Broad Form Property Damage Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. (7) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. E. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional Two Million Dollar ($2,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of Florida, and must include: (I) Owned Vehicles. (2) (3) Hired and Non-Owned Vehicles Employers' Non-Ownership 3.1 SUBCONTRACTS: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract shall contain the same insurance provision as set forth in section 5.1 above and 5.4 below and substituting the word Subcontractor for the word FIRM and substituting the word FIRM for CITY where applicable. 4.1 Fire and Extended Coverage Insurance (Builders' Rjsk). IF APPLICABLE: A In the event that this contract involves the construction of a structure by the FIRM, the FIRM shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Property Insurance including Vandalism & Malicious Mischief coverage, on buildings and structures, while in the course of construction, including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies shall also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a bUilding that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of the insured property. The policy shall be in the name of the CITY and the FIRM, as their interest may appear, and shall also cover the interests of all Subcontractors performing Work. B. All of the provisions set forth in Section 5.4 herein below shall apply to this coverage unless it would be clearly not applicable. 5.1 Miscellaneous: A If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM shall be responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, in a form satisfactory to the CITY covering the same. 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 at any time to request a copy of the required policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY. as well as contractual liability provision covering the Contractors duty to indemnify the CITY as provided in this Agreement. D. Before starting the Work, the FIRM shall deliver to the CITY and FIRM certificates of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy, including the declaration page and all applicable endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer shall be rated AVII or better per AM. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as defined In Article I of this document) which shall include the declaration page and all required endorsements. In addition, the FIRM shall deliver, at the time of delivery of the insurance certificate, the following endorsements: (I) a policy provision or an endorsement with substantially similar provisions as follows: "The City of South 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 damage' , or "personal and advertising injury" and it will provide to the City all of the coverage that is typically prOVided under the standard Florida approved forms for commercial general liability coverage A and coverage B"; (2) (b) 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), without first giving the City of South Miami ten (10) days advanced written notice of the intent to cancel or terminate the policy for any reason." 6.1 Indemnification A. The FIRM accepts and voluntarily incurs all risks of any injuries, damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of the FIRM or anyone acting through or on behalf of the FIRM. B. The FIRM 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 attorney's 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 of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of the FIRM, its contractor/subcontractor or any of their officers, directors, agents, representatives, employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement, incident to it, or resulting from the performance or non-performance of the FIRM's obligations under this AGREEMENT or which arises out of or is concerning the use of CITY property or the service, operation or performance of any work that is being performed for the CITY or of any event that is occurring on the CITY's property. C. The FIRM shall pay all claims, losses and expenses of any kind or nature whatsoever, in connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates, employees, successors and assigns, including their attorney's fees, in the defense of any action in law or equity brought against them and arising from the negligent error, omission, or act of the FIRM, 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 of the FIRM's obligations under this AGREEMENT.. D. The FIRM agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns shall be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the FIRM, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing, approving or rejecting any submissions or acts of the FIRM, CITY in no way assumes or shares responsibility or liability for the acts or omissions of the FIRM, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. E. The FIRM has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld. EXHIBIT 2 AFFIDAVITS AND FORMS SUBMISSION REQUIREMENTS I. Respondent's Sworn Statement Under Section 287.133(3)(A). Florida Statutes. on Attachment #1 "Public Entity Crimes and Conflicts of Interest Affidavit," shall be completed and provided with the proposal submittal. 2. Neither the indivldual(s)/firm, nor any of his/her/its employees shall be permitted to represent any client before the Commission or any Committee, department or agency of the City. and shall agree not to undertake any other private representation which might create a conflict of interest with the City. The individual(s)/firm may not represent any Commission member, individually, or, any member of their family or any business in which the Commission member of their family has an interest. 3. All proposals received will be considered public records. The City will consider all quotations using such criteria as the Commission or City Manager may adopt at either of their sole discretion. The individual(s)/firm selected will be required to enter into a formal agreement with the City in a form satisfactory to the City, prior to the execution of which the City shall reserve all rights, including the right to change its selection. 4. Respondent's Attachment #2 UDrug Free Workplace" form shall be completed and provided with the proposal submittal. 5. Respondent's Attachment #3 UNo Conflict of Interest/Non Collusion Affidavit," shall be completed and prOVided with the proposal submittal. 6. Respondent's Attachment #4 "Acknowledgement and Conformance with OSHA Standards," shall be completed and provided with the proposal submittal. 7. Respondent's Attachment #5 "Related Party Transaction Verification Form" shall be completed and provided with the proposal submittal. Page 1 ofl0 ATTACHMENT#I PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant to the provisions of Paragraph (2) (a) of Section 287. 133, Florida State Statutes -"A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded to perform work as a Contractor, supplier, Subcontractor, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list". The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. BIDDERS must disclose with their Bids, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of South Miami or its agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. .r of. sa ~,MLQ IV\ ( e of the public entity] I. This sworn statement is submitted to [printn by GCln ... A -B\l\ 05 [print-·ihdividual's name and title] for --N I -1", [print name of entitysuomittin sworn statement] whose business address is I tj'dL{D §U.J d-:;l.Q ~t ) L· ~~C)?y2. and (if applicable) its Federal Em ~.'. yerl~ntifica:iO;y umb~r (FEIN)ISaJ);.-=-~ .. ,lrY 8'1-K (If the entity has no FEIN, uae e Social »ecurity Number of the individual signing this ~ . / sworn statement: <': /'" .) 2. I understand that a "pu y crime" as defined in Paragraph 287.133 (I )(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States. including, but not limited to , any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I )(b). Florida Statutes. means a finding of gUilt or a conviction of a public entity crime, with or Page 2 ofl0 without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July I, 1989. as a result of a jury verdict. non-jury trial. or entry of a plea of gUilty or nolo contender. 4. I understand that an "affiliate" as defined in Paragraph 287.133 (I )(a), Florida Statutes, means: (a) A predecessor or successor of a person convicted of a pUblic entity crime; or (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers. directors, executives, partners. shareholders. employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in any person. or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture With a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133 (I )(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services led by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers. directors, executives, partners. shareholders, employees. members, and agents who are active in management of an entity. 6. Based on information and belief. the statement which 1 have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement ap , 1 -+-+--_ Neither the entity submitting this sworn statement. nor any of its officers. diectors, executives, partners, shareholders. employees. members. or agents who are act "~~. 'n the management of the entity, nor any affiliate of the entity has been charged wi h an convicted of a public entity crime subsequent to July I. 1989. he entity submitting this sworn statement. or one or more of its officers, di t;'.t-rs, executives, partners, shareholders. employees, members, or agents who are ac.tye i9 the management of the entity, or an affiliate of the entity has been charged with an ,!jtiCted of a publiC entity crime subsequent to July I. 1989. fi he entity submitting this sworn statement, or one or more of its officers, t rs. executives, partners, shareholders, employees. members, or agents who are acti e in the management of the entity. or an affiliate of the entity has been charged with and :onvicted of a public entity crime subsequent of July I. 1989. However. there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. {attach a copy of the final order.] Page 3 aflO Continuation of Attachment #2 Public E.ntity Crimes and Conflicts I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED, .. "AN"""SEcrION 287.017, FLORIDA STATUTES. FOR CATEGORY TWO OF ANY/.ANGE IN! THE INFORMATION CONTAINED IN THIS FORM. Sworn to and subscribed before me this 06 -trday of k Personally known or Produced identification (Type of identification) Notary Public -State of ~~~~~===--- My commission expires ~~¥---" (Printed, typed or stamped commissioned name of notary public) Form PUR 7068 (Rev.0611 1/92) Page 4 of10 ALLVSON AVINS Notary Public, State of Florida My Comm. Expires Jan 23~2017 CommiSSion If EE B.6/804 ATTACHMENT #2 "DRUG FREE WORKPLACE" Whenever two or more Bids which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: I. Publish a statement notifying employees that the unlawful manufacture. distribution. dispensing. possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace. the business' policy of maintaining a drug-free workplace. any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in prOViding the commodities or contractual services that are under Bid a copy of the statement specified in Subsection (I). 4. In the statement specified in Subsection (I). notify the employees, that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contender to. any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. ~ As the person authorized to sign the statement, I certify ,a(this firm comp)les fully with the above requirements. _~. /,'-"C' .. / __ ----------- PR~POSER'S //-j( /- tgnature: ~ ~ _J.,_,_,,_~~ __ Print Name: 6~~\r-_<,~ __ _ Date: l~S \ c3~,,,,, l () C)~v\ \ 4 ,----- Page 50f10 ATTACHMENT#J "No CONFLICT OF INTEREST/NoN COLLUSION AFFIDAVIT" Submitted this illday of Mc1.\Jj .20 \,L,\ The undersigned. as Bidder/Proposer. declares that the only persons interested in this RFP are named herein; that no other person has any interest in this RFP or in the Contract to which this RFP pertains; that this response is made without connection or arrangement with any other person; and that this response is in every respect fair and made in good faith. without collusion or fraud. The Bidder/Proposer agrees if this response/submission is accepted. to execute an appropriate CITY document for the purpose of establishing a formal contractual relationship between the Bidder/Proposer and the CITY. for the performance of all requirements to which the response/submission pertains. The Bidder/Proposer states that this response is based upon the documents identified by the following number: Bid/RFP The full-names and residences of persons and firms interested in the foregoing bid/proposal. as principals. are as follows: The Bidder/Proposer further certifies that this responseisubmlssio!!-~omplte:J with section 4(c) of the Charter of the City of Miami. Florida. that. to the best of its I)nowledge and}lelief. no Commissioner. Mayor. or other officer or employee of the CITY has an ~terest directly or indirectly in the profits or emoluments of the Contract. job. work or servz'c o/~ the response/s~miSSi::~S',~" ~-,.---- / )-7 ~-~---Signature: L<::/;?~' ~ _._-( .,:/?'7S~:-->'r--'!----~---- Printed Name: Continuation of Attachment #3No Conflict of inter/Non· Collusion Certification Page 6 of10 NOTARY PUBLIC: STATE OF fl OQclcL, COUNTY OF~~\c:\.s~L:~ C wledged before me this C:L J day of t ~~~-\--_---,.20 by f'~ChV\), . ~\t:. 0~~ (name of person whose gnature is being notarized) who Is <>5 SEAL , Jl,llYSON iW1NS .. , '<;..,. Notary Public· Statu 01 flonda 'J My comm ,E~~lres Jan 23J!O 17 ~". Commw~io!l II H 8,67604 X Personally known to me. or Personal identification: {~. ~e. of Identification Produced ~ Did take an oath, or Did Not take an oath. EY\\ "' J I FAlLURE TO COt:1e~ETE, SIGN. &. RETURN THJi.EQJ!.J:1.MAY..QiS..QUALIFY YOUR RESPONSE Page 7 oflO ATTACHMENT #4 "ACKNOWLEDGEMENT AND CONFORMANCE WITH OSHA STANDARDS" TO THE CITY OF SOUTH MIAMI r-I )" \, \/('(\ \-iLd \.J--.L We,l-' 't , ~ (Name of Contractor)!hereby acknowledge and agree that as Contractors for this Solicitation, as sp¢ ified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South Miami against any and all liability, claims, damages, losses and expenses they may incur due to the failure of (su bcontractor' s nam es): ~\tcu,:x}c?:~ f:A~))at t~ \,h) \ f'<l \ -rcd I l ( L to comply with such act or .,regulatip ' • ./' ' '/ /// R BY: GO ,V'\-6 f\v'~ \\S Name Pees;; \cl QX"\::t- Title fA1LlJJiE.JO COMPLETE. SIGN, & RETURN THIS FORM MAY DISQ11AUFY YOUR RESPONSE Page 8 oflO ATTACHMENT#S "RELATED PARTY TRANSACTION VERIFICATION FORM" I C;Clv l) . 'V', _ -, Individually and on behalf of '£ire AA Jt<}U; \),<;{) \01\1_,\2::, L,\,/ C/ {"Firm")have N ne of Representative CompanylVendor/Entity read the City of South Miami ("City")'s C;~s, J I Section 8A-1 of the City's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my knowledge, Information and belief: (I) neither I nor the Firm have any conflict of interest (as defined in section 8A-I) with regard to the contract or business that I, and/or the Firm, am(are) about to perform for, or to transact with, the City, and (2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in section 8A-I, who is an employee of the City or who is(are) an appointed or elected official of the City, or who is (are) a member of any public body created by the City Commission, I,e., a board or committee of the City[See Note # I below], and (3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of those persons' immediate family (I.e., spouse, parents, children, brothers and sisters) has transacted or entered into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted with the city, or with any person or agency acting for the city, other than as follows: (if ------------------------~~~--~~----~--~--~--~~--~--~--~ necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, I.e., "see attached additional information" and make reference to this document and this paragraph on to the additional sheet which additional sheet must be Signed under oath). [See Note #1 below]; and (4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate famify members (I.e., spouse, parents, children, brothers and Sisters) has a financial interest, directly or indirectly, in the contract between you and/or your Firm and the City other than the follOWing individuals whose interest is set forth following their use a separate names: ____ ---------------------,---------'-(if necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, I.e., "see attached additional information" and make reference to this document and this paragraph on to the additional sheet which additional sheet must be signed under oath). The names of all City employees and that of all elected and/or appointed city officials or board members, who own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm are as follows: _______________ --:---:-____ --:-:--___ :--____ --:-_(if necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, I.e., "see attached additional information" and make reference to this document and this paragraph on to the additional sheet which additional sheet must be signed under oath). [See Note # I below] (5) I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general pUblic, for our personal gain or Note #I I: While the ethics code still applies, If the person executing this form Is doing so on behalf of a firm with more than 15 employees, the statement in this section shall be based solely on the signatory's personal knowledge and he/she is not required to make an Independent Investigation as to the relationship of employees; if the firm is a publicly traded company, the statement in this section shall be based solely on the signatory's personal knowledge and he/she Is not required to malce an Independent Investigation as to the relationship of employees or of those who have a financial Interest In the FIrm or of the financial Interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or appointed official or employee or as to the ·relatlonshlp by blood or marriage of employees, officers, or directors of the Firm, or of any of their ImmedIate family to any appoInted or elected officials of the City, or to their ImmedIate family members. benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. (6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting for the City, and that we have not appeared in representation of any third party before any board, commission or agency of the City within the past two years other than as follows: ___________ -:-:-_________ --,-_--:: ___ (if necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph on to the additional sheet which additional sheet must be signed under oath). (7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows: ~ ______________________ (if necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph on to the additional sheet which additional sheet must be signed under oath). [See Note #1 below]; and. (8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons' Immediate family (i.e. spouse, parents, children, brothers and sisters) have also responded, other than the following: _~-______ -------------..,....._ (if necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph on to the additional sheet which additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (B) shall be based solely on the Signatory's personal knowledge and he/she is not required to make an independent investigation into the Other Firm, or the Firm he/she represents, as to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those persons' immediate family.] (9) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. (10) A violation of the City's Ethics Code, the giving of any false Information or the failure to supplement this Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami-Dade County Commission on Ethics. Under penalty of perjury, I declare that I Note # I: While the ethics code still applies, If the pe~son executing this fo~m Is doing so on behalf of a fl~m with mo~e than I S employees, the statement in this section shall be based solely on the signatory's personal knowledge and hefshe is not requl~ed to make an Independent Investigation as to the relationship of employees; If the firm Is a publicly traded company, the statement In this section shall be based solely on the signatory's personal knowledge and he/she I. not ~equi~ed to make an Independent Investigation as to the ~elatlonship of employees or of those who have a financial interest In the FI~m o~ of the financial interest in the Finn of city employees, appointed officials or the Immediate family membe~s of elected and/or appointed official or employee or as to the relationship by blood or marriage of employees, officers, or dl~ecto~s ofthe Firm, or of any of their Immediate family to any appointed or elected officials of the City, or to their immediate family members. ATTACHED: Sec. 8A-1 -Conflict of interest and code of ethics ordinance. Municode Page IOf4 Sec. SA-I. -Conflict of interest and code of ethics ordinance. (a) Designation. This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics Ordinance." This section shall be applicable to all city personnel as defined below, and shall also constitute a standard of ethical conduct and behavior for all autonomous personnel, quasi-judicial personnel, advisory personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction. (b) Definitions. For the purposes of this section the following definitions shall be effective: (I) The term "commission members" shall refer to the mayor and the members of the city commission. (2) The term "autonomous personnel" shalf refer to the members of autonomous authorities, boards and agencies, such as the city community redevelopment agency and the health facilities authority. (3) The term "quasi-Judicial personnel" shall refer to the members of the planning board, the environmental review and preservation board, the code enforcement board and such other individuals, boards and agencies of the city as perform quasi-judicial functions. (4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city commission. (5) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads, the city attorney, and all assistants to the city clerk, city manager and city attorney, however titled. (6) The term "employees" shall refer to all other personnel employed by the city. (7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or to be conferred, in return for services rendered or to be rendered. (8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm, partnership, or other business entity at the time of transacting business with the city. (9) The term "immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person involved. (10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services for consideration and to submitting a bid, a proposal in response to a RFP, a statement of qualifications in response to a request by the city, or entering into contract negotiations for the provision on any goods or services, whichever first occurs. (c) Prohibition on transacting business With the city. Note # I: While the ethics code stili applies, If the person executing this form Is doing so on behalf of a firm with more than IS employees, the statement In this section shall be based solely on the signatory's personal knowledge and he/she is not required to make an Independent Investigation as to the relationship of employees; If the firm is a publicly traded company, the statement in this section shall be based solely on the signatory's personal knowledge and he/she Is not required to make an Independent Investigation as to the I"elatlonshlp of employees or of those who have a financial Interest In the Firm or of the financial Interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or appointed official or employee or as to the relationship by blood or marriage of employees, officers, 01" directors of the Firm, or of any of their Immediate family to any appointed or elected officials of the City, 01" to their Immediate family members. No person included in the terms defined in paragraphs (b)( I) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business in which that person or a member of the immediate family has a financial interest, direct or indirect with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or position. Nothing in this subsection shall prohibit or make illegal: (I) The payment of taxes, special assessments or fees for services provided by the city government; (2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through underwriters or directly from time to time. Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four affirmative votes of the city commission after public hearing upon finding that: (I) An open-to-all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2), (3) and (4); (2) The proposal has been submitted by a person or firm offering services within the scope of the practice of architecture, professional engineering, or registered land surveying, as defined by the laws of the state and pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been submitted by a city person defined in paragraphs (b)(2), (3) and (4); (3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself of such property or services without entering a transaction which would violate this subsection but for waiver of its requirements; and (4) That the proposed transaction will be in the best interest of the city. This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a transaction entered in violation of this subsection. Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining to the same subject matter. (d) Further prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(l) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business through a firm, corporation, partnership or business entity in which that person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will also be applicable to this subsection as though incorporated by recitation. Additionally, no person included in the term defined in paragraph (b)(l) shall vote on or participate in any way in any matter presented to the city commission if that person has any of the following relationships with any of the persons or entities which would be or might be directly or indirectly affected by any action of the city commission: (I) Officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or (2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the person defined in paragraph (b)(l) in a manner distinct from the manner in which it would affect the public generally. Any person included in the term defined in paragraph (b)( I) who has any of the specified relationships or who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on or participate in any way in the matter. (E) Gifts. (I )Definition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of money, service, loan, travel, entertainment, hospitality, item or promise, or in any other form, without adequate and lawful consideration. (2)Exceptions. The prOVisions of paragraph (e)( I) shall not apply to: a. Political contributions specifically authorized by state law; Note # I: While the ethics code stili applies, If the pe~50n executlni this form 15 doing 50 on behalf of a firm with more than 15 employees, the statement in this section shall be based solely on the signatory's personal knowledge and he/she Is not requl~ed to make an Independent Investigation as to the relationship of employees; If the firm Is a publicly traded company, the statement In this section shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of employees or of those who have a financial Interest In the Firm or of the financial Interest In the Firm of city employees, appointed officials or the immediate family members of elected andlor appointed official or employee or as to the relationship by blood or marriage of employees, officers, or directors of the Firm, o~ of any of their Immediate family to any appointed or elected officials of the City, or to their Immediate family members. b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to the delivery of a gift that is prohibited under paragraph(3); c. Awards for professional or civic achievement; d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising nature. (3) Prohibitions. A person described in paragraphs (b)( I) through (6) shall neither solicit nor demand any gift. It is also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in paragraphs (b)( I) through (6), or for any person Included in the terms defined in paragraphs (b)( I) through (6) to accept or agree to accept from another person or entity, any gift for or because of: a. An official public action taken, or to be taken, or which could be taken, or an omission or failure to take a public action; b. A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform a legal duty; c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in paragraph (b)(I); or d. Attendance or absence from a public meeting at which offiCial action is to be taken. (4) Disclosure. Any person Included in the term defined in paragraphs (b)(l) through (6) shall disclose any gift, or series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by filing a copy of the disclosure form reqUired by chapter 112, Florida Statutes, for "local officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the Florida Secretary of State. (f) Compulsory disclosure by employees of firms doing bUsiness with the city. Should any person included in the terms defined in paragraphs (b)(l) through (6) be employed by a corporation, firm, partnership or business entity in which that person or the immediate family does not have a controlling financial interest, and should the corporation, firm, partnership or business entity have substantial business commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency, then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city. (g) Exploitation of official position prohibited. No person included in the terms defined in paragraphs (b )(1) through (6) shall corruptly use or attempt to use an official position to secure special privileges or exemptions for that person or others. (h) Prohibition on use of confidential information. No person included in the terms defined in paragraphs (b)(l) through (6) shall accept employment or engage In any business or professional activity which one might reasonably expect would require or induce one to disclose confidential information acquired by reason of an official position, nor shall that person in fact ever disclose confidential Information garnered or gained through an official position with the city, nor shall that person ever use such information, directly or indirectly, for personal gain or benefit. (i) ConflictIng employment prohibIted. No person included in the terms defined in paragraphs (b)(I) through (6) shall accept other employment which would impair independence of judgment in the performance of any public duties. (j) ProhibitIon on outsIde employment. (I) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an officer or employee of the city from any source other than the city, except as may be permitted as follows: a. Generally prohibited. No full-time city employee shall accept outside employment, either incidental, occasional or otherwise, where city time, equipment or material is to be used or where such employment or any part thereof is to be performed on city time. Note # I: While the ethics code stili applies, If the person executing this form Is doing 50 on behalf of a firm with more than IS employees, the statement In this section shall be based solely on the signatory's personal knowledge and he/she is not required to make an Independent Investigation as to the relationship of employees; If the firm Is a publicly traded company, the statement in this sedlon shall be based solely on the signatory's personal knowledge and he/she Is not required to make an Independent Investigation as to the relationship of employees or of those who have a financial Interest In the Firm or of the financial Interest in the Firm of city employees, appointed officials 01" the immediate family members of elected and/or appointed official 01" employee or as to the relationship by blood 01" marriage of employees, officers, 01" directors of the Firm, or of any of their Immediate family to any appointed 01" elected officials of the City, or to their Immediate family members. b. When permitted. A full-time city employee may accept incidental or occasional outside employment so long as such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and the approval required in subparagraph c. is obtained. c. Approval of department head reqUired. Any outside employment by any full-time city employee must first be approved in writing by the employee's department head who shall maintain a complete record of such employment. d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in section I-II of the Code of Miami-Dade County and, in addition shall be subject to dismissal by the appointing authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation incurred by the city. (2) All full-time city employees engaged in any outside employment for any person, firm, corporation or entity other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the source of the outside employment, the nature of the work being done and any amount of money or other consideration received by the employee from the outside employment. City employee reports shall be filed with the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city manager may require monthly reports from individual employees or groups of employees for good cause., (k) Prohibited investments. No person included in the terms defined in paragraphs (b)( I) through (6) or a member of the immediate family shall have personal investments in any enterprise which will create a substantial conflict between private interests and the public interest. (I) Certain appearances and payment prohibited. (I) No person included in the terms defined in paragraphs (b)(I), (5) and (6) shall appear before any city board or agency and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question. (2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city commission or agency on which the person serves, either directly or through an associate, and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling. decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking some benefit from the city commission or agency on which the person serves in connection with the particular benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such person serves through the suit in question. (m) Actions prohibited when financlol Interests Involved, No person included in the terms defined in paragraphs (b) (I) through (6) shall participate in any official action directly or indirectly affecting a business in which that person or any member of the immediate family has a financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or indirect interest in any investment, equity, or debt. (n) Acquiring (inonclallnterests. No person included in the terms defined in paragraphs (b)( I) through (6) shall acqUire a financial interest in a project, business entity or property at a time when the person believes or has reason to believe that the financial interest may be directly affected by official actions or by official actions by the city or city agency of which the person is an official, officer or employee. (0) Recommending professional services. Note # I: While the ethics code stili applies, If the person executing this form i5 doing so on behaif of a firm with more than 15 employees, the statement in this section shall be based solely on the signatory's personal knowledge and he/she Is not required to make an Independent investigation as to the relationship of employees; l!the firm is a publicly traded company, the statement In this section shall be based solely on the signatory's personal knowledge and he/she is not required to make an Independent Investigation as to the relationship of employees or of those who have a financial Interest In the Firm or of the financial interest In the Firm of city employees, appointed officials or the immediate family members of elected and/or appointed official or employee or as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their Immediate family to any appointed or elected officials of the City, or to their immediate family members. No person included in the terms defined in paragraphs (b)(l) through (4) may recommend the services of any lawyer or law firm. architect or architectural firm. public relations firm. or any other person or firm. professional or otherwise. to assist in any transaction Involving the city or any of its agencies, provided that a recommendation may properly be made when reqUired to be made by the duties of office and in advance at a public meeting attended by other city officials. officers or employees. (p) Continuing application after city service. (I) No person included in the terms defined in paragraphs (b)( I). (5) and (6) shall, for a period of two years after his or her city service or employment has ceased. lobby any city official [as defined in paragraphs (b)(l) through (6)] in connection with any judicial or other proceeding, application. RFP. RFQ, bid, request for ruling or other determination. contract. claim. controversy. charge. accusation, arrest or other particular subject matter In which the city or one of its agencies is a party or has any interest whatever. whether direct or indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request or application to a city department or agency during the two-year period after his or her service has ceased. (2) The provisions of the subsection shall not apply to persons who become employed by governmental entities. 501 (c)(3) non-profit entities or educational institutions or entities. and who lobby on behalf ofthose entities In their official capacities. (3) The provisions of this subsection shall apply to all persons described in paragraph (p)( I) whose city service or employment ceased after the effective date of the ordinance from which this section derives. (4) No person described in paragraph (p)( I) whose city service or employment ceased within two years prior to the effective date of this ordinance shall for a period of two years after his or her service or employment enter into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)(I) in which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she participated directly or indirectly through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise. during his or her city service or employment. A person participated "directly" where he or she was substantially involved in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. A person participated "indirectly" where he or she knOWingly participated in any way in the particular subject matter through decision, approval, disapproval, recommendation. the rendering of advice, investigation, or otherwise, during his or her city service or employment. All persons covered by this paragraph shall execute an affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the requirements of this subsection do not preclude the person from lobbying city officials. (5) Any person who violates this subsection shall be subject to the penalties provided in section BA-2(p). (q) City attorney to render opinions on request. Whenever any person included in the terms defined in paragraphs (b)(l) through (6) and paragraph (b)(9) is in doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall then render an opinion to such person and shall publish these opinions Without use of the name of the person advised unless the person permits the use of a name. (Ord. No. 6-99-1680, § 2, 3-2-99) Editor's note-Ord. No. 6-99-16S0, § I, adopted 3-2-99, repealed §§ SA-I and SA-2 in their entirety and replaced them with new §§ SA-I and SA-2. Former §§ SA-I and SA-2 pertained to declaration of policy and definitions, respectively, and derived from Ord. No. 634, §§ I (I A-I), I (I A-2) adopted Jan ... 11. 1969. Note"# I: While the ethics code stili appiles, If the person executing this form Is doing 50 on behalf of a firm with more than 15 employees, the statement in this section shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of employees; If the firm Is a publicly traded company. the statement in this section shall be based solely on the signatory's personal knowledge and he/she Is not required to make an Independent Investigation as to the relationship of employees or of those who have a financial Interest In the Firm or of the financial interest In the Firm of city employees, appointed officials or the immediate family members of elected and/or appointed official or employee or as to the relationship by blood or marriage of employees, officers. or directors of the Firm. or of any of their Immediate family to any appointed or elected officials of the City, or to their Immediate family members. EXHIBIT I INSURANCE AND INDEMNIFICATION 1.1 Insurance - A. Without limiting its liability, the vendor, contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and maintain at its own expense during the life of the Contract, Insurance of the types and in the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub-contractor, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. B. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The FIRM shall purchase insurance from and shall maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. 2.1 Firm's Insurance Generally The FIRM shall prOVide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: A. Professional Liability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability prOViding for all sums which the FIRM shall become legally obligated to pay as damages for claims arising out of the services or work performed by the FIRM its agents, representatives, Sub-Contractors or assigns, or by any person employed or retained by him in connection with this Contact. This insurance shall be maintained for four years after completion of the construction and acceptance of any Project covered by this Contact. However, the FIRM may purchase Specific Project Professional Liability Insurance, in the amount and under the terms specified above, which is also acceptable. B. Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must include: Employers' Liability at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. C. Commercial Comprehensive General Liability insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability prOVision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: • Personal Injury: $1,000,000; • Medical Insurance: $5,000 per person; • Property Damage: $500,000 each occurrence; • Automobile Liability: $1,000,000 each accident/occurrence. • Umbrella: $1,000,000 per claim D. Umbrella Commercial Comprehensive General Liability insurance shall be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1 ,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: (I) (2) (3) (4) (5) (6) Premises and Operation Independent Contractors Products and/or Completed Operations Hazard Explosion, Collapse and Underground Hazard Coverage Broad Form Property Damage Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. (7) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. E. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional Two Million Dollar ($2,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of Florida, and must include: (I) Owned Vehicles. (2) (3) Hired and Non-Owned Vehicles Employers' Non-Ownership OPID: MR CERTIFICATE OF LIABILITY INSURANCE DATE (MMJDD/yyyy) 05/06/14 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement{s • PRODUCER Combined Underwriters of Miami 8240 N.W. 52 Terr, Suite 408 Miami, FL 33166 SUSAN SANCHEZ-ARMENGOL ,);J')(;IQMER mil; FIREP·1 FIREPOWER DiSpLAYS UNLIMITED INC -----\---""'" INSURER(S) AFFORDING C,O,\lE.,~~E=--____ _ """"tl,~lS:~,, __ _ INSURED FIREWORKS DISPLAYS UNLIMITED LLC 14240 SW 256 ST, PRINCETON, FL COVERAGES CERTIFICATE NUMBER' INSURER A : .1liliYR~R e : JAMES-RiVER I~,~,~,~NC:-=E=-=-C-=O-,-. __ _ INSURERC: INSURERF: REVISION NUMBER' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE L1STEO BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ~" :~Jilg~ II~aJil%i)Y~ ~~.,. ., .. -.~.~ LTR TYPE OF INSURANCE POLICY NUMBER LIMITS GENERAL LIABILITY , EACH OCCURRENCE $ _,~~OOO,OOQ --r~~l\"G B ~ pMERCIAL GENERAL LIABILITY 00036503-4 02/28/14 02/28/15 MI;i~~E~~~~~ryf-~L_ $ _,,___ CLAIMS-MADE'-00 OCCUR l5r~r-' · '--_~_ •••••• ~VhV •• ~h •••• " "",,"von ,,~- & ADV INJURY $-~2,OOO,O~£ , __ ~"_M""_~_" ___ ~~ __ ,,,,,~1t=3'OO~,~ ~L AGGRE(l~~E LIMIT APPllES PER: S -COMPIOPA 2,000,00 POLICY [' ] .r:8i rl LOC ~"~ ...... " .. m" ... OMOBILE LIABILITY r COMBINED SINGLE LIMIT $ 5,000,000 (Ea accident) =J ANY AUTO t .. "'-~.~'~m ,-- BODILY INJURY (Per person) $ _I ALL OWNED AUTOS .. h~='h~"_m ~ --- BODILY INJURY (Per accident) $ ~ SCHEDULED AUTOS ..... ""~h_"_.H""".".""~,_~ 00036503-4 PROPERTY DAMAGE $ B X HIRED AUTOS 02/28/14 02/28/15 (Per aCcident) B ~ NON·OWNED AUTOS 00036503-4 02/28/14 02/28/15 COf,,"PDED $ -1~OOC COlLDED --············"--{OOC I $ UMBRELLA LIAB J=1 ~~~~:.MADE EACH OCCURRENCE $ r---~~"--,, 1:- mm~N"'hfi~"h~"~"""·· • EXCESSLIAB AGGREGATE'- r---DEDUCTIBLE ""-.~ ... -.- RETENTION $ WORKERS COMPENSATiON AND EMPLOYERS' LIABILITY YlN J:wcsrftINs I _loBY IOJ~.! ""m·.~·~ ANY PROPRIETORlPARTNERlEXECUTIVE D N/A E'-,L, EACH ACCIDENT $ OFFICERlMEMBER EXCLUDED? ~""m~. (Mandatory In NH) , EL DISEASE· EA EMPLOYEE S __ ... __ ....•. _-..,,~ ... "h-..~~ ~~S(;~r~~r8~ O'~~PERATIONS below E-L. DISEASE -POLICY LIMIT $ I I 81'g~~A~~XTOe~~}~~~1 LOCAR'~~~/Oir+C~~S (Attach ACORD 101. Additional Remark. Schedul.,If more space I. required) DISPLAY SITE: PALMER PARK 6100 SW 67 AVE SO. MIAMI ADDITIONAL INSURED: SO. MIAMI MIDDLE SCHOOL, SO. MIAMI ELEMENTARY SCHOOL, MIAMI DADE PARKS & RECREATIONl:tALMER PARK, MIAMI-DADE COUNTY, CITY OF SOUTH MIAMI I CERTIFICAT HOLDER CERTIFICATE HOLDER CANCELLATION CITYOF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF SOUTH MIAMI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 444 SW2 AVE ACCORDANCE WITH THE POLICY PROVISIONS. MIAMI, FL 33145 AUTHORIZED REPRESENTATIVE 9 r=x:::2 .LP ----~ d 1 I © 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD ~ ACORO® CERTIFICATE OF LIABILITY INSURANCE r"OATE(MMIDDNYVY) -~ I 5/6/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such .endorsement(s). PRODUCER COMBINED UNDERWRITERS 8240 NW 52ND TERRACE #408 PO BOX 526020 1 ______ I,,.,N"'Sll.I!.§.I!Isl AFF£I!.I.lING COVERAGE .....•.•••••••••••. ___ . I----___ M_IA_M_I._ ...•. __ .. _ ..... ~ .~._._F_L. __ 3_3_1_52_6_0_2~0 m._ .•.... ~~ _____ --I-"IN'-"S""UI!!'[!,.A:Fl!\IgJUAm .... _._.~._m ... _. ____ . __ ...... _ .•.•..• m •• ___ . INSURED FIREPOWER DISPLAYS UNLIMITED INC ~I'lL .... _ ... _. ___________ ... m •••••••• mm •••• ______ ._m_ .. m __ ••• 14240 SW 256TH STREET Jt:!.~!-IBER .. g: . . ............. ······......_.m_ ••. m •• ___ • ____ ......... 1 FL 33032 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~f~ TYPE OF INSURANC~--········ "DOL POLICY NUMBER LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY ··············1 0 ........J CLAIMS-MADE OCCUR 5 COM EN{lATIOII AND EMPLOYERS' LIABILITY Y II ! 0698N565 ANY PROPRIETORIPARTNERlEXECUTIVE f1J' 0' OFFICE/MEMBER EXCLUDED? Y N I A (AA.ltd.lory In NH) It yiH'J,.dascnbe under 613012013 6/30/2014 EACH OCCURRENCE $ IDIMi\tlE""TO "RENTE!) ~efl.EMlli!'3UE. nGG\.IrTO!!fcl~" .1..-_____ . MED EXP(Any one person) PERSONAL & ADV INJ..u~'!:..~< .. $,-____ ~ GENE~.~<t.GGREGATE $ PRODUCT~:g~~l',:.IO::.:P...:A..::G,,-,G+,,-___ ~ $_----- $ EACH OCCURRENCE ~$--------l AG~~!5... "''''''! s DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Allach ACORD 101, Additional Remark. Schedule,lf more spacela required) CERTIFICATE HOLDER CANCELLATION CITY OF SOUTH MIAMI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 444 SW 2 AVE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. MIAMI FL 33145 AUTHORIZED REPRESENTATIV~ r;:4' ~ PhoniNumber 305477 0444 ~ .. ~./' © 1988·2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Stout-Tate. Maria From: Sent: To: Cc: Subject: Attachments: FIREWORKS ;PLA YS -ITQ #SE2 Payne, Nkenga Tuesday, May 13, 2014 10:13 AM kulick, Steven P Stout-Tate, Maria Emailing: FIREWORKS DISPLAYS -ITO #SE2014-02 July 4th Fireworks Display FIREWORKS DISPLAYS -ITO #SE2014-02 July 4th Fireworks Display.pdf ttached please find the bid submitted by Fireworks Displays for ITQ #SE2014-02 July 4th Fireworks Display at Palmer Park. Thanks, Nkenga "Nikki U Payne, CMC Deputy City Clerk City of South Miami 6130 Sunset Drive South Miami, FL 33143 (305)663-6340 office (305)663-6348 fax npayne@southmiamifl.gov www.southmiamifl.gov Please note: The state of Florida has a very broad public records law. Written communications, including emails, are therefore subject to disclosure to the public and media upon request. From: Bee: Subject: Date: kulick, Steven P "info@firepowerdisplays.com"; "fireworkdisplaysun Iimited@gmail.com"; "masonmeyer@zambellifireworks.com"; "info@partvsparks.com"; "Frank@fireworkspros.com" A Solicitation Has Been Advertised Monday, May OS, 2014 11:06:00 AM A solicitation has been advertised and posted on the City's website: http://www.southmiamifl.gov/ PROJECT NAME: July 4.2014 Fireworks Display at Palmer Park RFP/RFO/LOI/ITQ CLOSE DATE: May 13.2014 at 10 AM Bid Advertisement: Once the Bid Solicitation is issued, the Cone of Silence goes into effect. The Cone of Silence begins when the bid is advertised and ends when the City Manager or designee issues a written recommendation for award. Potential bidders cannot discuss any aspect of a bid that has been advertised with City personnel during the Cone of Silence. All communication must be in writing. Pre-bid Meetings: The Cone of Silence is temporarily lifted at the beginning of the published start time and date. At the end of the pre-bid meeting, the Cone of Silence is reinstated. Bid Opening: Cone of Silence still in effect. Bid Proposals: Cone of Silence still in effect. Award: Cone of Silence lifted once written recommendation has been made publicly to the Commission by the City Manager. For any questions or concerns, please submit them to me in writing immediately. Regards, Steven Kulick, C.P.M. Purchasing Manager/Central Services City of South Miami -6130 Sunset Drive -South Miami, FI 33143 Ph: 305/663-6339; Fax: 305/663-6346 -Email: skulick@southmiamifl.gov Light FX Pros» Contact LIGI-tT Name* Steven Kulick, Purchasing Manage !Email * skulick@southmiamifl.gov !Phone 3051663-6339 ... Messaoe* ....... 0 The City of South Miami has issued a solicitation for a July 4th Fireworks display. Refer to the link to the solicitation below: http://£1- southmiami.civicplus.com/bids.aspx? bidID=20 ". I IDate of Event* 04-07-2014 ~hSelect iTypes L I ·hh • 01 • 02 • 03 • 04 • 05 • 06 • 07 • 08 • 09 • 10 ·11 Like 0 Call us! 305-760-4969 http://lightfxpros.com/contact/ Page 3 of5 5/5/2014