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THE CITY OF -PLEASANT LIVING To: FROM: Via: DATE: SUBJECT: BACKGROUND: VENDORS & BID AMOUNT: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Honorable Mayor & Members of the City Commission Steven Alexander, City Manager Quentin Pough, Director of Parks & Recreation March 3, 2015 Agenda Item NO.:1- A Resolution authorizing the City Manager to negotiate and to enter into an agreement with Leadex Corporation for VCT Vinyl Commercial Tile Floor at the Gibson Bethel Community Center. The City desires to procure and to install new tile floor on the first level at the Gibson Bethel Community Center. The existing tile floor is twelve (12) years old, worn out, permanently stained and cracked in several areas. The City submitted an Invitation to Quote (ITQ) #PR2015-01 on Wednesday, January 21, 2015 for "New 1" Level Flooring at the Gibson Bethel Community Center." Four (4) submittals were received; Leadex Corporation was the lowest bidder and is in compliance with the terms of the ITQ. The area of work consists of approximately 2,200 SF and 250 LF of base board, including the entrance lobby, administrative office and adjacent meeting hallway. Leadex Corporation will be responsible for the removal and installation of new vcr vinyl commercial tile floor, moisture testing and disposal of materials. The work areas will be staged to minimize disruptions and conducted during non-peak hours at the community center. This project is estimated to be completed within 15 to 20 days from the notice to proceed date. Please find below a breakdown of all submitted proposals. VENDORS AMOUNT LEADEX CORPORATION $6,975.00 MIAMI REMODELING $8,803:35 CIC COMMERCIAL INTERIORS CORP $9,159.00 DECON ENVIRONMENTAL $11,260.00 THE 'CITY OF PLEASANT LIVING FUND & ACCOUNT: ATTACHMENTS: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM Amount not to exceed $6,975. The total expenditure shall be charged to Supplies account number 001-2020-572-5210, which has a balance of $27,854.62 before this request was made. Resolution for approval Pre-Bid Conference Sign-In Sheet Bid Opening Report Proposal Summary Leadex Corporation Proposal SunBiz -Leadex Corporation Demand Star Results Account Budget Balance 1 RESOLUTION NO .. ____ ~ __ 2 3 A Resolution authorizing the City Manager to negotiate and to enter into an agreement 4 with Leadex Corporation for VCT Vinyl Commercial Tile Floor at the Gibson-Bethel 5 Community Center. 6 7 WHEREAS, Parks and Recreation staff conducted an assessment at the Community Center and 8 discovered that the existing tile floor needs to be replaced; and 9 10 WHEREAS, the city submitted an Invitation to Quote (ITQ) #PR2015-01 on Wednesday, 11 January 21, 2015 for ''New 1" Level Flooring atthe Gibson-Bethel Community Center"; and 12 13 WHEREAS, the city received four (4) submittals; Leadex Corporation was the lowest bidder and 14 is in compliance with the terms of the ITQ; and 15 16 WHEREAS, Leadex Corporation will be responsible for the removal and installation of new 17 VCT vinyl commercial tile floor, moisture testing and disposal of materials; the area to be renovated will 18 cover approximately 2,200 SF and 250 LF of base board, including the entrance lobby, administrative 19 office and adjacent meeting hallway. 20 21 NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION 22 OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 23 24 Section 1. The City Manager is authorized to negotiate and to enter into an agreement with 25 Leadex Corporation for VCT Vinyl Commercial Tile Floor at the Gibson-Bethel Community Center for 26 an amount not to exceed $6,975. The total expenditure shall be charged to supplies account number 001- 27 2020-572-5210, which has a balance of $27,854.62 before this request was made. Copies of all backup 28 documentation are attached. 29 30 Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for any 31 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect 32 the validity of the remaining portions of this resolution. 33 Section 3. Effective Date. This resolution shall become effective immediately upon adoption by 34 vote of the City Commission. 35 36 37 38 39 40 41 42 43 44 45 46 47 48 PASSED AND ENACTED this __ day of _____ ., 2015. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Harris: Commissioner Edmond: Commissioner Liebman: Commissioner Welsh: Date: ITQ Title: ITQ No.: Please Print Clelll'W n IE r:lTY or PLfASA"lT UV!PiC Pre-Bid Conference Sign-In Sheet ________ ~J=an=u=a!Y29,2015 New 1st Floor at Gibson-Bethel Community Center PR2015-01 Name/Title Com any Name! E-mail Address Telephone No. 11 X:IPurchasinglTemplateslPre Bid MeetinglPre-Bid Meeting Sign-In Sheet.doc BID OPENING REPORT Bids were opened on: February 4. 2015 after: 10:00am For: ITO # PR 201s·()1-New 1" Level Floor @Gibson-BetheICo{!lnmnity Center COMPANIES THAT SUBMITTED PROPOSALS' . AMOUNT' . AMOUNT' . (OPTION 1) (OPTION 2) 1. CIC COMMERCIAL INTERIOR CONTRACTORS 1$7,159. ~ .. f$ 1'1/ &. 6'1. t>..! 2. DECON ENVIRONMENTAL & ENGINEERING, INC II; ;)." 0," .: I~ b dtJ ~ I , 3. LEADEX CORPORATION ~/ 975:': /'1, 7")'tf, ".:' 4, MIAMI REMODELING AND ADDITIONS, INC. )5', ~t?3.5..F 17', J./':<IJ, <J_ c --- THE ABOVE BIDS HAVE NOT BEEN CHECKED. THE BIDS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED. City CIeri!! Alan a Pt. JWPl1jp '.l::. Print Name r J Witness: ,,J:f~ ¢Li~ Print Name Witness: ~h () lC',fb,? ~J .. - Print Name Signature ITQ PR2014-15 New Flooring Gibson Community Center NOTE: RESULTS ARE NOT FINAL UNTIL AN AWARD RECOMMENDTION BY THE CITY MANAGER • Public 1 Bid Package .. Entity I ..• Signed (lOrg; 2 Non Coli. Drug free, Related (1) ,Proof Contract Bidder Bid Form Crimes and OSHA Stds Sun Biz I" Copies; 1 Affidavit Conflicts of Workplace Party of Ins with Digital) Interest Original . cle Commercial Interior X X X X X X X X X X Decon Environmental X X X X X X X X N/A X Leadex X X X X X X X X X X Miami Remodeling X X N/A N/A N/A N/A N/A X N/A X . (1) Condition of Award Bid Summary: ITQ #PR2015-01 RESPONDENT OPTION #1 RANK Leadex Corp $6,975.00 1 Miami Remodeling $8,803.35 2 CIC $9,159.00 3 Decon Env. $11,260.00 4 RESPONDENT OPTION #2 RANK Decon Env. $12,620.00 1 Miami Remodeling $13,420.00 2 CIC $14,659.00 3 Leadex Corp $19,720.00 4 Sou 'ami "" """. e;,~'~"! "''",,_ CITV OF SOUTH MIAMI INVITATION TO QUOTE ITQ #PR201S·01 lUMP SUM PROPOSAL SUBMITTED TO: City Clerk PROJECT: New 1st ltIvel Floor at the Gibson-Bethel Community Center NAME: Marla Menendez, CMe ADDRESS: ADDRESS~ CITY/STATE: 5800 SW 66 Street South Miami, FI33143 CITY/STATE: PHONE: ISSUE DATE: ERMAIL: Wetl/Ul$.daYfJllnuarv 21. 2015 '$lOJnAAWythmle~_ MANDATORY DUE DATE: Wednesday. February4, 2015 at lOAM QUOTE SUBMISSION REQUIREMENTS: Quotes submitted after 10 AM on the due date will not be accepted unless otherwise specified In the quote document of a time chanal!. AU quotes will be submitted to the City Clerks Office In a seajed envelope. Tne label on the on the envelope needs to read as follows: City of South MIami Marla M. Menende~, CMe 6130 Sunset Drlve South Mlaml. Fl. 33143 Project Name: New 1st lAm!! Floor a the Gibson Bethel Community Center Must Input project name. If label does not have all Information above your quote will not be accepted. INSURANCE REOUIREMENTS : The CITY'S Insurance requirements are attached (exhibit 1). As a condition of award, the awarded vendor must provide a certificate of insurance namine the c!ty as additional Insured, AFFIDAVITS REQUIRED WITH SUBMItTAL: (Exhibit 2J Respondents must complete and submit with your quote affidavits prOvided In E:xhlblt 2. QUESTIONS: Any Requests for additional Information or questions must be In writing, emalled bV 10 AM local time on MoodilY, February 2, 2015 10 the attentIon of Mr. Steven I(t.tll(k, purchasing Manager Ilt s'kullck@southmfamlfl.gov. SCOPE OF WORK DESCRiPTION ITO BE COMPlETED BY CIIV): REFER TO "SCOPE OF SERVjCES;" copy AnACIiED -fl.} Bids will O;llly be ac~ted wat Include; ql!otatfons dmlng regular worktnghotl.rs:. DESCRIPTION OF WORK TO BE PERFORMED BY CONTRAC1'OR: Itllm Number Item Descrfptlon Unit I QtV Amount .. • • ; .. 1 Option #1: New vcr Commercial Tfle/Floor LUMP SUM TOTAl ,-:. Cj'15~ 2 Option #2: New lamInate Floring LUMP SUM TOTAL /'f '7 -eCi '"- Respondents must quote Option #1 and option 112. 1) During Regular Working Hours, 7 AM to 5 PM, Mondav ~ Friday Ctmtl1lct(ltshail ftiftjl.s:n fiJI rria~¢r als'am~ equipment hCt;mis-ary to secure tOtrllMetitlJ1 ~f the Warl!, Contractor-sMa mt: CQM!)ID1!lirt-ed filXOrthng to the i)\jtlle submitted. Contractor Is_r~pon$ibre to secure .. 11 porrmts and should be refletted In _the LUmlfSum,tj\.l-Otii!.. (:ontru!:tor maY choose to submit a quote on ccmp~nv letterhead but must be attached to this fOrm. S800 SW 66 Street. South Miami, FL 33143. Deadline to submit ,~Janua!.! 21, 2.015 at 10 AM. PrlntlTypa Name: ''''rz ji ? rc <:'..J Phone: 3.".,= -;t..f!,'_C ;$$.2 M Signature: Date: "t-j '? /Wi r e·mall: " --" <I 1/ "";A Fax: .S~ '* 6' Y S !{.r"d Firm N8me~ X::t)r>~ '" L. F.E.I,N. No.:_ r;,S0/76 C;SO Addresl; City, $:,,-i4~ State: E'L. WE EXECUTION OFTffl!i fORM CONiTJTUTfS THE UNEQUIVOCAl. OfFER OF PllopOSEn TO liE BOI.IN!) 8Y THEnRMS OF ITS PROPOSAl. FAILURE TO SIGN THIS SOUCITAnOO WHERE INDICATED AIOV£ ay AN AlJTttOAlZfO REPRESENTATIVE SHAll !tENDER THE PROPOSAL tlON.f,ESPONSIVE. THE CITY MAY, HOWMft. ItllTS SOU: DlSC!tET1ON, ACCEPT ANY P!tOPOSAl THAT INCWDES AN EXECUTED DOCUMENT WHlett UNEqUIV()tAU.y BINDS THE PRoPOSER TO THETI!RMS OF Irs OHal, THE CITY'S REQUEST fOR QUOTEllIS fOR 'fHE l.OWEST AND MOST IIE5PON5IVE PRltE. THE (m' REllellVE$ THE RIGHTlO AWARD THE PROJECTTO THE FlIIM CONSIDERED THE am TO SERVE THE CITY'S INnREST. Project Name: ITQNO. Date: Sent: < , laml THE en\' Of PlfASAN1" UVJNG ADDENDUM No. #1 New I" Level Floor at the Gibson-Bethel Community Center PR20 I 5·0 I January 30, 2015 Fax/E.mail/webpage This addendum submission is Issued to clarify, supplement andlor modify the previously issued Solicitation, and Is hereby made part of the Documents. All requirements of the Documents not modified herein shall remain in full force and effect as originally set forth. It shall be the sole responsibility of the bidder to secure Addendums that may be issued for a specific solicitation. Question #1: Will the contractor be responsible to remove existing equipment and furniture items from the project areal Answer to Ouestlon # I; No, the contractor is not responsible to remove exiting equipment and furniture from the project area; the City is responsible for this activity. Question #2: Does the City prefer a solid or multi color pattern for the VCT flooring option! Answer to Ouestion #2: Contractors should quote solid color VCT flooring patterns. The City will choose specific floor colors after a contractor has been awarded this project. Question #3: Will the contractor be responsible for conducting a moisture test of the 1I00r areas prior to installation! Page 1 of3 Answer to Question #3; Yes, the contractor is responsible for performing a moisture test of the floor areas and should be included in the respondents "Lump Sum" quote. The Scope of Services states: "All work shall be performed during Regular Working Hours, 7 AM to 5 PM, Monday -Friday." Is there any flexibility with the work schedule1 Answer to Question #4: Yes, the City will work with the awarded contractor regarding the work schedule. The Community Center schedule and events varies, but as a rule, activity is heavy after 4 PM during Monday -Friday. The work areas will be staged to minimize disruptions. Any deviations to the work schedule must be approved by the City's Project Manager. Ouestion#S Will the City provide a location for the placement of a dumpster for trash and debris related to this project? Answer to Question #5, Yes, the City's Project Manager will coordinate with the contractor the location of the dumpster on the Community Center's property. The cost for the dumpster is the responsibility of the contractor and should be Included in the respondents "Lump Sum" quote. Should proposals include the replacement and Installation of vinyl baseboards for both "Option #1" and "Option #2?" Answer to Question #6: Yes, respondents should include the replacement and installation of vinyl baseboards for both "Option #1" and uOption #21"' Question #7: Can you please verify the rooms that are getting new flooring due to a discrepancy in the written scope of work it is estimated 2,200 square feet, but measuring onsite yesterday it was determined to be 1,760 square feet. Should we base the bid on our measurements or yours! Answer to Question #7: The measurements provided is the Scope of Services are estimates and should be used for planning purposes only and does not reflect a firm commitment. The contractor is responsible for their own measurements. Page 2 of3 Question #!!: There seemed to be a room in question (the room the meeting was held in) during the Pre-bid meeting. Please clarify. Answer to Question#!!: The Pre-bid meeting was held in the Arts & Crafts room which is excluded from the Scope of Services and should not be included in a respondents "Lump Sum" proposal. Question #9: Are floor plans available for the areas described in the Scope of Services I Answer to Question #9: Yes attached to Addendum No. I, is a floor plan ofthe first (I") floor of the Gibson-Bethel Community Center. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. Page 3 of3 ; "I S' 1 IV 3 ill il J 0 (] N 0 1.1 J fU! 1 5 IV O.J %r:;L ···~·--0 : :~") "<I .,. f 0, . :; , :I@ ! " >,; ·.·i ~ .J-" 3. l ~: (U Scope of Services New I" Level Flooring at GB Community Center "Lump Sum Proposal" Invitation to Quote -ITQ #PR20 15-0 I The City of South Miami. Parks and Recreation Department is seeking quotations from experienced and capable: parties to remove existing VCT tilelfloor on the I" floor of the Gibson-Bethel Communi'tY'S:;enter. located at 5800 Southwest 66'" Street, South Miami. Fl 33143 and to install replacelnent flooring as listed under "Option #1" or "Option #2 below. The City intends to select a'single Contractor to perform the work specified in either Option #1 or Option #2. The area of work consists of approximately 2,200 SF and 250 IF of base board including. the entrance haUllobby hallway, meeting hallway, and administrative office. All office furniture and fixtures shall be removed and reinstalled by the City of South Miami. The work performed by the Respondent will consist of furnishing all labor (including subcontractors), machinery, tools. means of transportation, supplies, equipment, materials, permits, disposal of materials and services necessary to perform the following Work and should be reflected in Respondents Lum#> Sum Quote. Permit fees are waived for permits issued by the City of South Miami. Permit fees from other government entities, if required, shall be the reasonability of the Respondent however. in ali cases; it is the responsibility of Respondents to secure any and all permits that may be required for this project. All work shall be performed during Regular Working Hours, 7 AM to 5 PM. Monday -Friday. Note: Respondents must provide a separate "Lump Sum" quote for "Option #," and "Option #2." The City will award the project to a single contractor to complete the work and will select either Option #1 or Option #2, solely at. the City's discretion. Option #1: New VCT Vinyl Commercial Tile/Floor: Respondent is responsible for removing VCT and vinyl base board, leveling floor as needed and installing new VCT and 4" vinyl base board. Contra,ctor shall provide 12 X 12 tiles, manufacturer: Armstrong, or "Equal To." Option #2 New Laminate Flooring: Respondent is responsible for removing existing VCT and vinyl baseboards, and installing, leveling as needed, and painting new laminate flooring and wood base. Laminate must be rated AC4 or higher, see below: Abrasion Class (AC) ratings: In addition, laminate is given an AC rating (see below) to measure resistance to moisture, burns, abrasions, impact and stains. The AC determines whether the product is suitable for a particular residential or commercial application. ABRASION CLASS (AC) RATINGS AC I -Moderate Residential: Suits light traffic areas such as bedrooms and closets AC2 -General Residential: Suits medium traffic areas such as living rooms and dining rooms AC3 -Heavy Residential/Moderate Commercial: Suits all rooms in a home and light traffic commercial spaces *AC4 -General Commercial: Suits all rooms. in a home and medium traffic commercial spaces AC5 -Heavy Commercial: Suits high traffic commercial spaces such as department stores *AC4 is the City's minimum requirement The City reserves the right to 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 die City to waive any irregularity in the Proposals or procedure and subject also to the right of the City to award the Project, and execute a contract with a R.espondent or Respondents, other than to the one who provided the lowest Proposal Price. EXHIBIT 2 AFFIDAVITS AND FORMS SUBMISSION REQUIREMENTS I. Respondent's Swom 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 individual(s)lfirm, 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 indivldual(s)lfirm 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 #'1. "Drug Free Workplace" form shall be completed and provided with the proposal submittal. 5. Respondent's Attachment #3 "No Conflict of InterestiNon 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 #S "Related Party Transaction Verification Form" shall be completed and prOVided with the proposal submittal. PageloflO CONTRACT FOR New 151 level Floor, Furnish & Install at the Gibson Bethel Community Center THIS CONTRACT, entered into this __ day of , 20~ by the CITY OF SOUTH MIAMI through its Manager, both of whom shall be hereinafter referred to as the "CITY" where applicable; located at 6130 Sunset Drive, South Miami} Flo E-mail: salexander@southmiamifl.gov and with an office and principal place of business iocated at _______ ~, and an e-mail address of (hereinafter called the "CONTRACTOR"). WITNESSETH, WHEREAS, the CITY is in need of New 1" level Floor, Furnish and Install. at the Gibson Bethel Communltv Center; and WHEREAS, the CITY desires to retain the CONTRACTOR to provide the required good and/or services based on the CONTRACTOR's representations that it is qualified and capable of providing said goods and/or services in a professional and timely manner and in accordance with the CITY's goals and requirements; and WHEREAS, the CONTRACTOR has agreed to provide the required goods and/or services in accordance with the terms and conditions set forth herein. NOW, THEREFORE 1 in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: 1) Engagement Of Contractor: Based on the representations of the CONTRACTOR as set out in the following "checked" documents the CITY hereby retains the CONTRACTOR to provide the goods and/or services set forth In said proposal, quote or response to solicltation l whichever is applicable, as modified by the Contract Documents defined below(all of which is hereinafter referred to as the Work"). (Check the box Immediately precedlns the document described below to IndIcate that such document Is part of thIs contract) o Contractor's response to the CITY's written solicitation; or o Contractors proposal or quote, or if none, o As described in paragraph 2 below. 2) Contract Documents: The Contract Documents shall Include this Contract and the following "checked documents», as well as any attachments or exhibits that are made a part of any of the "checked documents" . (Check the box immedlatelv precedIng the document described below to Indicate that such document is part of this contract) o Genera! Conditions to Contract, o Supplementary Conditions, o IIOther Documents" referring to In this contract and sIgned by the parties, o Solicitation documents r/hereinafter referred to as "Bid Documents 'l including any request for bid, request for proposal or similar request) o Scope of Services, o Contractor's response to the CITY's Bid Documents, o Contractors proposal or quote, o CITY's Insurance & Indemnification Requirements, o Payment Bond, o Performance Bondi This Contract and the General Conditions to Contract, Supplementary Condltionst the Solicitation, Scope of Services and IIOther Documentsll , if any are "checked documents", shall take precedent over the response to the CIT'rs Bid Documents, the proposal or the quote, if any_ The Ilchecked documents" are attached hereto and made a part hereof by reference. 3) Date of Commencement, The CONTRACTOR shall commence the performance of the Work under this Contract on or if no date is set then on a date to be specified in a Notice to Proceed, or Purchase Order, (hereinafter referred to as the "Work Commencement Date"), and shall complete the performance hereunder within days or the length of time set forth in the Contract Documents, whichever is the shorter period of time. Time is afthe essence. 4) Primary Contacts: The Primary Contact Person in charge of "dC-ng this Contract on behalf of the CITY Is the City Manager ("Manager"), assistant Manager, or the lVI"nM.!r's designee, who shall be designated , in a writing signed by the Manager. The Primary Contact Person for the CONfRACTOR and his/her contact . '7" information is as follows: Name: t J 11.) f'tr :((n e~mail: j ; fax;_· _' __ Street Address: 2--( t)! 5' ,,0 o.., C j !,.;£ ----:-----c--c~' 2. ,;':',,1..1 ;,L <;;;:: L:! /1 d~:~' ",qyf~ <t],~_. 5) Scope of Services: The goods and/or services to be provided are as set forth in the "'checked documentsH • 6) Compensation: The CONTRACTOR's compensation for the performance of this contract (hereinafter referred to as the Contract Price) shall be one of the following indicated by a checked box o£ or as set forth in 0 CONTRACTOR's response to the City's written solicitation, if any, Of, if none, then as set aut in 0 CONTRACTOR's proposal or quote, whichever is applicable, and as modified by the Contract Documents. 7) Hours of Work: In the event that this contract requires the performance of services, the cost of performing the Work after regular working hours, and on Sunday and legal holidays, If required by the City, at any time during the course of the Work, is included in the Contract Price and no ,additional compensation shall be teceived in such event. However, nothing contained herein shall authorize work on days and during hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in writing by the Dlrector , the Director's assistant or designee. 8) Time Provisions: The term of this Contract shall commence on the Work Commencement Date and shall continue for _ days or until __ or unless earlier terminated according to the Contract DocLiments. Notwithstanding the foregoing, this Contract may be extended if the extension is in writing and signed by the City Manager. An extension of the term of this Contract is at the CITY's sole and absolute discretion but In no event may the term of the contract exceed five years. 9) Termination: This contract may be terminated without cause by the CITY with 30 days of advanced written notice. This provision supersedes and takes precedence over any contrary provisions for termination contained in the Contract Documents. 10) Applicable law and Venue: Florida law shall apply to the Interpretation and enforcement of this Contract. Venue for aU proceedings shall be in Miami-Dade County, Florida. 11) Insurance, Indemnification & Bonding: CONTRACTOR shall comply with the Insurance, indemnification and bonding requirements set forth in the Contract Documents. 12) Liquidated Damages: In the event that the CONTRACTOR shall fail to complete the Work within the time limit set forth in the Contract Documents, or the extended time limit agreed upon, in accordance with the procedure as more particularly set forth in the Contract Documents, liquIdated damages shall be paid at the rate of $N/A dollars per day until the Work is completed. 13) Jury Trial Waiver: The parties waive their right to jury trial. 14) Entire Agreement, Modification, and Non-waiver: The Contract Documents constitute the entire agreement of the parties and supersedes any prior agreements, written or oral. The Contract Documents may not be modified _or amended except in writing , Signed by both parties hereto. The Contract Documents/ in general, and this paragraph. in particular, shall not be modified or amended by any acts or omissions of the parties. No failure to exercise and no delay in exercising any right, power 'or privilege shall operate as a waiver. No waiver of the Contract Documents, in whole or part, including the provisions of this paragraph. may be lmplied by any act or omission, 15) Public Records: . CONTRACTOR and all of Its subcontractors are required to comply with the public records law (s.119.0701) while providing goods and/or Services on behalf of the CITY and the CONTRACTOR, under such conditions, shall incorporate this paragraph in all of its subcontracts for this Project. 16) Background Screening. All personnel and volunteers that will provide any service that might occur within 100 feet of any thildren involved in any City or its Agency's related activity must be in compliance with level II Background Screening and fingerprinting requirements as perl Florida Statute Ch, 435 prior to the scheduled start of any employee or volunteer. CONTRACTOR shall prevent any and all of its personnel} including volunteers s from engaging in any related activities without having passed a background screening to the satisfaction of the City. 17) Drug Free Workplace. The CONTRACTOR shall comply with the Drug Free Workplace policy set forth in the City of South Miami's Personnel Manual which Is made a part of this Contract by reference. 18) TRANSFER AND ASSIGNMENT. None of the Work under this contract shall be subcontracted or assigned without prior written consent from the City which may be denied without cause. 19) NOTICES. All notices given or required under this contract shall be deemed sufficient if sent by a method that provides written evidence of delivery, Inciuding "-mail and facsimile transmission and delivered to the CONTRACTOR or his designated contact person. Return of mall, sent to the address contained herein forthe parties or their contact persons, as not deliverable or for failure to claim the mail shall be deemed received on the date that the mall Is returned to sender. IN WITNESS WHEREOF, the parties, have executed this Contract, on or before the date first above written, with full knowledge of Its content and significance and Intending to be legally bound by the terms hereof. ATTESTED, By, ______ _ Maria Menendez City Oerk Read and Approved as to Form, language, legality and Execution Thereof: By:_,.-___ ~ City Attorney [Individual's name] [n e.of signatory] CITY OF SOUTH MIAMI By' ________ _ Steven Alexander City Manager ATTACHMENT #1 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.Q17, Florida Statutes. for thirty six (36) months from the date of being placed on the convicted vendor list". The award of any contract hereunder is subject to the provisions of Chapter I 12. Florida State Statutes. BIDDERS must disclose with their Bids. the name of any officer. director, partner, associate or agent who is also an officer or employee of the City of South Miami or 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. I. This sworn statement is submitted to c:., "'. '± s, ",J{ ,In ,j):4) \ [print nam'e of the public entity] by /-j'J) "L J ,cc..,; .Tn::" f. £ [print Individuafs name and title]' for L /{ AD.<{", Cog'll', (" J",,-- [print name of entity submitting sworn statement] whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is t;;'s () I ;7 t) '1 SO (If the entity has no FEIN. include the Social Security Number of the individual signing this sworn statement: 2. I understand that a "public entity crime" as defined in Paragraph 287.133 (I )(g), Florida Statutes. means a violation of any state or federal law by a person with respect to arid direcdy 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 Page2oflO 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. S. I understand that a "person" as defined in Paragraph 287.133 (I )(e), Florjda Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services led by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on Information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement appli<71 -.L Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. __ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active In the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. __ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a 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 of10 Continuation of Attachment #2 Public £nrity 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 AMJ>UNT PROVIDED IN SECTION 2B7.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Sworn to and subscribed before me this ~ __ Personally known or Produced identification (Type of identification) ,~~"" __ ~ day of Notary Public -State of ,~"=c=:..;::c~,~,~~_ My commission expires ~~::: ... (Printed, typed or stamped commissioned Form PUR 7068 (Rev.06/11/92) Page4oflO 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 an)' 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 that this firm complies fully with the above requirements. PROPOSER's Signature: ~".~4#~=':::'::~~ ... --.~-~-... ~ Print Name: ···~·.~·~F··C.'~~.~~~~J+'~ Page 5 oflO ATTACHMENT#3 "No CONFLICT OF INTEREST/NoN COLLUSION AFFIDAVIT" 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 whith 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 response/submission complies with sectian 4( c) of the Charter of the City of Miami, FlOrida, that. to the best of its knowledge and belief, no Commissioner, Mayor. or other off,cer or employee of the CITY has an interest directly or indirectly in the profits or emoluments of the Contract. job, work or service to which the response/submission pertains. Signature: Printed Name: Continuation of Attachment #3No Conflict of inter/Non-Collusion CertifICation Page 6 oflO NOTARY PUBLIC: STATE OF COUNTY OF \) ---~~~"=---~---~--- The foregoing instrument was acknowledged before me this '3 day of . _ J" 1\" iJy 2() 1'') by ;7.1U) " I =1 P:IDi,l<c- person whose s nature is being notarized) who is SEAL (name of _._~ Personally known to me, or Personal identification: Type of Identification Produced Did take an oath, or Did Not take an oath. =e~bIiC: Print, Stamp or type as com issioned.) FAILURE TO COMPLETE, SIGN. & RETURN THIS FORM MAY PISOUALIFY YOUR RESPONSE Page7ofl0 ATTACHMENT #4 "ACKNOWLEDGEMENT AND CONFORMANCE WITH OSHA STANDARDS" TO THE CITY OF SOUTH MIAMI We, L rr tHy §:,: <:::&"v'pY,' L , (Name of Contractor), hereby acknowledge and agree that as Contractors for this Sollc!f,Juon, as specified have the sale responsibility for compliance with all the requirements of the Federal If)ccupational 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 .11 liability, claims, damages, losses and expenses they may Incur due to the failure of (subcontractor's names): to comply with such act or regulation. Witn<!6s I /; ! ~ ",;1&1£/) CA4:;ht·z£t W f Page 8 oflO ATTACHMENT#S "RELATED PARTY TRANSACTION VERIFICATION FORM" I ,:gAe,( ,//::1/>11«'-,indlviduallyandonbehaWof L k"'-1d.JipZ CvvW~J. __ ("Flrm")have Name o(Representative Company/Vendor/Entity read the City of South Miami ("citY")'. Code of Ethic., 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 ejected 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 #1 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, qr with any person or agency acting for the city, other than as follows: '" tYJ£,. ~_~(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 family 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: "hedt (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%) Qr more of the total assets of capital stock in the firm are as follows: j,h"L . .. . (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] (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 sPE!cial 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; While the ethics code still applies) If the person executing this form Is doing 50 on behalf of a finn with more than 15 employees, the statEment in this section shall be based solely on the signatory'l personal knOWledge and hefshe ill not required to make an Independent Invesdgatlon as to the relationship of employees; I( the firm 15 a publicly traded company, the .tatement In this section shall be based lolely on the signatory's personal knowledge and he/she Is not required to, make an independent investiBation as to the relationship of employees or of those who have a financial interest In the Firm or 01 the flnanclallnterest in the Firm of c:ity employees, appolnt~d officials or the Immediate family members of elected and/or appointed offidal or employee or as to the relationship by blood Or marriage of employees, officers, or director' 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: \ c . . (if necessary use a ,eparat. 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., Hsee 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 J nor'any employees, officers. or directors of the Firm, nor any of their immediate family (Le., 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: ,-:_~AI(14. (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 fainily (i.e., spouse, parents, children. brothers and sisters) nor' any of my immediate family members (hereinafter referred to as URelated 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 stUI applies,lf the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (8) 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 suppJement 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, f 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 orthe 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 andlor any penalties allowed by law. Additionafly, 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 stili applies, if the person executing this (onn Is doing 50 on behaff of a firm with more than IS employee.. the statement in thb section shall be based solely on the signatory's pef"5onal knowledge and he/she is not required to make an Independent Investigation as to the .-elatlonshlp of employees; If the finn's a publicly traded company, the statement in this section shall be ba.sed solely on the signatory's personal knowledge and helshe II not required to make an Independent investlgatfon as to the relationship of employees or of those who have a financial Interest In the Finn or o( the financiallntet"e$t in the Firm of city employees, appointed offIC"ials or the immediate family members of el&cted and/or appointed official or employee or as to the I"@latlonship by blood or marriage of employees, office", or directors of the Firm, or of any of their immediate famity to any appointed or elected oMdals: of the City, or to their Immediate famUy membel"'S. have made a diligent effort to investigate the matters to which I am attesting hereinabove and that the statements made hereinabove true and correct to the best of my knowledge, information and belief. Signature: __ :.;.~~:;;;,~a!:t--:::::·· __ _ Print Name & T' Date: _____ ""'--'-"--__ _ ATIACHED: Sec. SA .. I -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 shaJI 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 applled to the same contract or transaction. (b) Definitions. For the purposes of this section the following definitions shall be effective: (I) The term "commission members" shall refer to the mayor and the members of the city commission. (2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies, such as the dty 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 dty as perform quasHudicial 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" shalf refer to the city clerk, the city manager, department heads, the city attorney, and all assistants to the city clerk, city manager and dty attorney, however titled. (6) The term "employees" 'hall refer to all other personnel employed by the dty. (7) The term "compensationlt 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 lIimmedfate family" shall refer to the spouse, parents, children, brothers and sisters of the person involved. (10) The te~m "transact any business" shall refer to the purchase or sale by the dty 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 still applies, if the person executing this form Is doingso on behalf of a firm with more than ,5 employees, the statement in this section shall be bued solely on the signatory's perlonal knowledge mid 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 requll'4.d to make an independent investigation as to the relationship of employees or of thOle who have a financial interest In the Firm or of the flnandallnterest in the Firm of city employees. appointed officials or the immediate family members of elected andlor appointed offtclal or employee or as to the relationship by blood or marriage 0' employees, officer:s, or directors of the Firm. or of any of their lmmedlate family to any appointed 01" elected orrlclals 01 the City, or 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 dty, 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 forfeiwre 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 dty 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 dty 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 engfneering. or registered land surveying, as defined by the laws of the state and pursuant to the provisions of the Consultants' Competitive Negotlatlqn 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 dty 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;t and the city commission may in no case ratify a transaction entered in violation of this subsection. Provjsions cumulatjve, 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 tronsactlng buslne .. with the City. No person Included in the terms defined in paragraphs (b) ( I) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business 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)( I) shall vote on or participate in any way in any matter presented to the dty 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)( I) in a manner distinct from the manner in which it would affect the public generally. Any person included in the term defined in paragraph (b)( I) who has any of the specified relationships or who would or might, directly or indirectly. realize a profit by the action of the city commission shall not vote on or participate in any way in the matter, IE) Gifts. (IJDe(lnition, The term l1gift't shall refer to the transfer of anything of economic value. whether In the form of money, service. loan, travel, entertainment, hospitalitYt item or promise, or in any other form, without adequate and lawful consideration. (2)Excepuons. The provisions of paragraph (eJ( I) shall not apply to: a. Political contributions specifically authorized by state law; Note # I: While the ethics code still applies. if the person executing this form Is doing 50 on behalf of a firm with more than IS employee1il. the statement In this section shall be based solely on the signatory's perional knowledge and helske Is not required to make an Independent Invesdgradon as to the relationship of employees; If the firm Is a publicly tf"aded 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 investieation as to the rel<ttionship of emptoye&5 or of those who have a financial Interest In the Finn or of the flnanc!allnterest in the Firm of city employees, appo&nted officials or the immediate (amlly members of eleded and/or appointed official or employee or as to the relationship by blood or marriaB8' 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. b. Gifts from relatives or members of one1s 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 deflned 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 fot' 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 pub"c action; b. A legal duty perlormed 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 (rom a public meeting at which official aCtion is to be taken. (4) Disclosure. Any person included in ehe term defined in paragraphs (b)(l) ehrough (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 lliocal 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. (I) Compulsory disclosure by employees of firms doIng busin ••• with the cIty. Should any person included in the terms defined in paragraphs (b)( I) through (6) be employed by a corporation, firm, partnership or business entity in which that person or the immediate family does not have a controlnng 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 derk 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 attempe to use an official position to secure special privileges or exemptions for that person or others. (h) Prohibition on use of confidential InformatIon. No person included in the terms defined in paragraphs (b)(I) through (6) shall accept employment or engage in any business or professional activity which one might reasonably expect would reqUire or induce one to disclose confidential Information acquired by reason of an official pOSition, nor shall that person in fact ever disclose confldentiallnformation garnered or gained through an official position with the city, nor shaH 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) shatt accept other employment which would impair independence of judgment in the performance of any public duties. (j) Prohibition on oUffide 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 8 time city employee shaH 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 cit.y time. Note # I: While the ethics code stili applies, II the person executing this fotnl h. doing so on behalf of a firm with more than i5 employees, the statement In this lectlon shall be based solely on the signatory'. penonal knowledge and helshe's not requlNd to make an Independent Investigation as to the relationship of employeei; ir the finn Is a publicly traded company, the statement In this section shall be based solely on the signatory's pe.,.onal knowledge and helshe Is not required to make an Independent Investigation as to the relationship of employees or 01 th~e 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 or elected and/or appointed official or employee or as to the relationship by blood or mamage 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. 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·tlme 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 1·11, 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·tlme ci~ 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 emptoyment. 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 investment •• No person included In the terms defined in paragraphs (b)(l) 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 aPf'.arancesand 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, cantr3,ct, certificate, ruling, decision, opinion, rate schedule, franchise, or othel' 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 dty or a dty agency, in connection with the particular benefit sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit In question. (2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city commission or agency on which the person serves, either directly or through an associate, and make a presentation on behalf of a third person with respect to any matter, license, contract. certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor. shall such person receive any compensation or gift, directly or indirectly. for serVices rendered to a third party who has applied for or is seeking some benefit from the city commission or agency on which the person serves in connection With the particular benefit sought by the third party. Nor shall the person appear In any court or before any administrative tribunal as counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such person serves through the suit in question. . (m) Actions prohibited when financial interests involved. No person inclUded in the terms defined in paragraphs (b) (I) through (6) shall participate In any official action directly or indirectly affecting a business in which that person or any member of the immediate family has a finandallnterest. A fjnanclal 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 flnanciallnterests, No person included in the terms defined in paragraphs (b)(l) 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 etblcs code stili applies. If the person executing this fonn is doing so on behalf of a finn with more than 1'5 employee.5l. the statement in this section shall be based solely on the signatory's personal knowledge and he/me is not requfred to make an Independent 'Investigation as to the I"elatlonshlp of employees; If the firm Is a publldy 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 'ndependent 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 Dr as to the relationship by blood or marriage of employees, officers, or directol'$ of the Firm, or of any of their Immediate family to any appointed or elected officials of the City, or to thetr Immediate family members. No person included in the terms defined in paragraphs (b) ( I) through (4) may recommend the services of any lawyer or law firm, architect or architectural firm, public relations fIrm, or any other person or firm. professional or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation may properly be made when required to be made by the duties of office and in advance at a public meeting attended by other city officials, officers or employees. (p) Continuing opplleotion after city service. (I) No persen included in the terms defined in paragraphs (b)(I), (5) and (6) shall, for a peried eftwe years after his or her city service or employment has ceased, lobby any dty official [as defined in paragraphs (b)(l) thrqugh (6)] in connectien with any judicial er ether proceeding, applicatlen, RFP, RFQ, bid, request for ruling Ot pther determination, contract, claim, controversy, charge,accusation. arrest or other particular subject matter I~hich the dty or one of its agencies Is a party or has any interest whatever, whether direct or indirect. Nothing,:lontained in this subsection -shall prohibit any individual from submitting a routine administrative request or applICation to a city department or agency during the two-year period after his or her service has ceased. (2) The provisions of the subsection shall not apply to persons who become employed by governmental entities, 50 I (c)(3) non-profit entities 01' educational institutions or entities, and who lobby on behalf of those entities in their official capacities. (3) The provisiens of this subsection shall apply to all persons described in paragraph (p)( I) whese city service or employment ceased after the effective date-of the ordinance from which this section derives, (4) Ne person described in paragraph (p)(I) whose city service or empleyment ceased within two year. prieree 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 whe vlelate. this subsection shall be subject to the penalties provided in section 8A-1(p). (q) City ottorney to render opinions on request. Whenever any person Included in the terms defined in paragraphs (b)( I) through (6) and paragraph (b)(9) is in doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that person, may submit to the city attorney a full written statement of the facts and questions. The city attorney 'shall then render an opinion to such person and shall publish these opinions without use of the name of the person advised unless the person permits the use of a name. (Ord. No. 6-99-1680. § 1, 3-2-99) Editor's note-Ord. No. 6-99-1680, § I, adopted 3-1-99, repealed §§ 8A-1 and 8A-1 in their entirety and replaced them with new §§ 8A-1 and BA-2. Fermer §§ BA-I and BA-2 pertained te declaratien ef pelicy and definitiens, re'pectively, and derived from Ord. Ne. 634, §§ I (lA-I), I (IA-2) adopted Jan .. .11, 1969. Note # I: While the ethics code stili applies, if the person executing this form Is doing so on behalf of a firm with more titan 15 employees, the statement In this section shall be bued solely on the slgnatory'iI personal knowledge and hefshe is not required to make an Independent Invesdgatlon 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 penonal knowledge and hel,he Is not required to make an Independent investigation as to the relationship of employees or of those who have a flnanciallnterest 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 offielal 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 oftlclal. of the City, or to their immediate family members. 1.01 A. EXHIBIT I Insurance Requirements Insurance Without limiting its liability, the contractor. consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and maintain at its own expense during the life of the Contract, insurance 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 Of companies lawfully authorized to ~ell insurance in the State of Florida, on forms approved by the State of Florida, as will protett 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 performedj (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; (1) 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. 1.02 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: 1.03 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. 1.04 Commercial Comprehensive General Liability insurance with broad form endorsement. as: well as automobile liability, completed operations and products liability, contnlctualliabllity, 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 personj • Property Damage: $500,000 each occurrence; • Automobile liability: $1,000,000 each accident/occurrence. • Umbrella: $1,000,000 per claim 1.05 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: (a) Premises and Operation (b) Independent Contractors (c) Products andlor Completed Operations Hazard (d) Explosion, Collapse and Underground Hazard Coverage (e) Broad Form Property Damage (f) Broad Form Contractual Coverage applicabJe to this spedfic Contract, including any hold harmless and/or indemnification agreement. (g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limlts of coverage equal to those required for Bodily Injury Liability and Property Damage liability. 1.06 Business Automobile Liabili!), with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million DolI.r ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Uability 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 flied by with the state of Florida, and must include: (.) Owned Vehicles. (b) Hired and Non-Owned Vehicles (c) Employers' Non-Ownership 1.07 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. I.OB Eire and Extended Coverag<! Insurance (!Mld"rs' Rislg, IE APPLICABLE: A. In the event that this contract Involves the construction of a structure. the CONTRACTOR shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY. "Broad!! form/All Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of construction, including foundations. additions, attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or poliCies shall also cover machinery, if the cost 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 CONTRACTOR"as their. interest may appear, and shall also cover the interests ofal! Subcontractors performing Work. B. All of the provisions set forth in Section 5.4 herein below shall apply to this coverage unless. it would be dearly not applicable. 1.09 Miscellaneoys: 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 Bfe 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 applicableJ shalt expressly provide that such policy or polkies are primary over any other collectible insuran'ce that CITY may have. The CITY reserves the right at any time to request a copy of the required policies for review. All polides 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 CONSULTANT certiflcates 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 2 telephone number of the Insurance agent or broker through whom the policy was obtained. The insurer shall be rated A,VII or better per AM. Best's Key Rating Guide, latest edition and authorized to issue Insurance 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 addltio_n, 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 provlsion$ 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) a policy provision or an endorsement with substantially similar provisions as follows: "This policy shall not be cancelled (including cancellation for nonwpayment of premium). terminated or materially modified without first giving the City of South Miami ten (10) days advanced written notice of the Intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification shall be delivered to the City by certified mail, wjth proof of delivery to the City." 3 ItA " \ Indemnification Requirement A. The Contractor 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 CITYls property due to the negligence or other fault of the Contractor or anyone acting through or on behalf of the Contractor. B. The Contractor shall indemnify, defend, save and hold CITY, its officers, affiliates, employees/ successors and assigns, harmless from any and all damages. claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses, including reasonable attorney's fa"s, par:alegal fees and investigative costs int.:idental there to and incurred prior to, during or following any Udgad9'n, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against, charged ~ or recoverable from the City of South Miami, its officers. affiliates, employees, successors and assigns, by reas'fn of any causes of actions or claim of any kind or nature, including claims for injury to. or death of any person Qr 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 Contractor, 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-petformance of the Contractor's obligations under this AGREEMENT. C. The Contractor 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 ,ofthe Contractor, Its Sub-Contractor or' any of their agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT. D. The Contractor agrees and recognizes that neither the CITY nor its officers~ affiliates, employees, successors and assigns shall be held liable or responsible for any claims, including the Costs and expenses of defending such claims which may result from or arise out of actions or omissions of the Contractor, 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 conceming the work or event that is occurring on the CITYls property. In reviewing, approving or rejecting any submissions or acts of the Contractor, CITY in no way assumes or shares responsibility or liability for the acts or omissions of the Contractor. Its contractor/subcontrac.tor or any of theIr agents, representatives. employees, or asSigns. or anyone acting through or on behalf of them. E. The Contractor 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. Contractor's Responsibility Prior to Receiving a Notice to Proceed Prior to the City issuing a Notice to Proceed, the contractor shall deliver a copy (either hard copy or, preferably. electronically) of the policy. including the declaration page of the policy and all endorsements to the policy and that the contractor shall provide the City with the name, address. including email address, and phone number of the contractor's Insurance agent. The Contractor's insurance agent must provide the City with evidence that the insurer issuing the policY, Is licensed and authorized to do business in Florida, with policy documents that have been approved by the State of Florida and that the insurance carrier is not issuing the policy as a surplus lines carrier. It shall also request a citation to the page number of the policy, or the form number of the endorsement that meets the follOWing City insurance requirements, and request that he or she highl1ght the relevant language of the portion of the policy and/or the endorsements that, in his or her estimation, meets these requirements: " The endorsements or the policy must provide or show that: a) the city is an additional insured; b) coverage Includes con,ractuaillablllty; c) the City will be proVided at least 10 days advanced notice of any cancellation of the policy, including cancelation for non-payment of premium and at least 30 days' advanced notice of any material changes to the policy or of cancellation for any reason other than non-paymenti and d) ,either policy provision or an endorsement providing that the polley is primary and non-contrlbutoryt such as an endorsement that provides that the vendor's policy Is primary over all of the city's applicable insurance and that treats the city's policies as excess coverage. It may be that some of these provisions are combined into one endorsement or contained in the policy itself. If 'he policy does not have an advanced notice of cancellation provision that supplies the CIt)' with advanced notice, the contractor can still comply with the insurance requirement if the contrt\ctor provides the city with proof that the policy premium has been paid in full and provided the contractor pays a monitoring fee, currently set at $25 per month, 5 Detail by Entity Name lueltail by Entity Name S W 69TH COURT IMlf\MI, FL 33155 IC"~mg~!d:· 04/13/2013 SW49ST IMIPIMI, FL 33155 ~h,.ncl",rI· 04/26/2012 IFQIIlSE:CA, FRANK J. W49ST IMIPIIVlI, FL 33155 IAn/ir"";,, Changed: 02116/2009 IFOIIlSECA. FRANKJ. 49THST I, FL 33155 t49066 650170950 02106/1990 FL ACTIVE R"r.ort Year Filed Date 04/26/2012 Page lof3 http://search.sunbiz;org/lnquiry/CorporationSearch/SearchResultDetail?inq... 2/11120 15 Detail by Entity Name 2013 2.014 04/13(2013 04/12f2014 .o4lt2/2014 cc.ANNUAL REPORT [ View image inP[)Ff~rntat .1: .04/13/2013 ."ANNUAL REPORT [View im?ge in POI" forlllat -1 04/28/2012,-'-ANNUAL REPORT [View image inPDF format I .02/16/2011." ANNUAL REPORT I Vie~image in PDF format I 01/05[2010.,. ANNUAL REPORT ! ViE1wimagE1 inPDFfClrtlJat! 07116/2009-ADDRESS CHANGE r . VieWimilgejn PDF f(jrtlJat I 02/1812009 -ANNUALREPORT I Vje~im<!gein PPFfo(ma\ -, .03/11/2008" ANNUALREPORT I View image in PDF format \ .02113/2007 -ANNUALREPORT I View image in PDF format I .02/03/2006" ANNUAL.REPORTI View image in PDF format I 02/25/20.05 -ANNUAL.REPORT ·1 View image in PDF format I· ;".",-,. -~ ~ ~ 06/10/2004 -ANNUAL REPORT I View image in PDF format J 01/30/2003 -ANNUAL REPORT 03/22/2002 -ANNUAL.HEPORT 01/25/2001 -ANi'>IUALREPORT 03/20/2.000 -ANNUAL REPORT 03/11/1999 -ANNUAL REPORT 02/18/1998 -ANNUAL REPORT . 021.1011997 -ANNUAL REPORT 04/25/1996 •• ANNUAL REPORT 02/14/1995,. ANNUALREPORT View image inPDF format VieViimage in PDF format [Yfewlmage In PDF format I [Viewlinage In PDF format I I View image in PDF format I [Jie';'; im~ge .in PDF fOrrn?t .1 I View imageinPDF format! I View image in PDFfQ,rmaf I [View image in PDF format I © and Privacy State of FlOrida, Department of Stat'? Page 2 of3 http://search.sunbiz.org!Inquiry/CorporationSearchiSearchResllltDetail?inq... 211112015 2014 FLORIDA PROFIT CORPORATION ANNUAL REPORT DOCUMENT# L49086 Entity Name: LEADEX CORPORATION Current Principal Place of Business: 2601 S W 69TH COURT MIAMI, FL 33155 Current Mailing Address: 6535SW49ST MIAMI, FL 33155 FEI Number: 65-0170950 Name and Address of Current Registered Agent: FONSECA, FRANK J. 6535 S-W 49 ST MIAMI, FL 33155 US FILED Apr 12, 2014 Secretary of State CC6003658594 Certificate of Status Desired: No The above named entity submits this statement for the purpose of changing Its registered office or registered agent, or both, In the Stete of Florida. SIGNATURE: ~E=I~ec~l-ro-n~ic~s~ig-n-a7ru-re--m~Re=-g~is~te-re~d~Ag--.n~t------------------~--------------------------~b~a~te=--- Officer/Director Detail : Title Name Address DPS FONSECA, FRANK J. 6535 SW 49TH ST City-State-Zip: MIAMI FL 33155 I h6(6by~rllfy /hal the Infa"nation Indicated on this report orsuppl9m9ntal report Is tru~ and Bccurate Bnd(hat my electronic signa/lire shall have Ihfl' sarna I~al effect as If made under oath; thell am BII offlGer or dlrec/or of 1119 oorptlrallo(l or/he receiver or lruslea empowered /0 execull9 this report as required by Chap/sf 6D7, FIotfda SteluiH; and thai my name appears abDve, or on an attachment willi all olhff like empoW8fl1d. SIGNATURE: FRANK J FONSECA PRESIDENT 04112/2014 Electronic Signature of Signing Officer/Director Detail Date Member Name City of South Miami Bid Number ITQ-PR-2015-01-0-2015/5K New 1st Level Flooring at GB Bid Name Community Center 3 Document(s) found for this bid 12 Planholder(sl found. Supplier Name Address 1 Construction Journal, Ltd. 400 5W 7th Street Construction Management Experts, Inc. 3730 Coconut Creek Pkwy, Suite 103 Continental Flooring Company 9319 N. 94th Way Decon Environmental & Engineering 2652 N.w. 31st Ave. Decon Environmental & Engineering Inc. 2652 nw 31 ave. isqft -MAIN ACCT 4500 Lake Forest Drive MCM 6201 5W 70th Street Nelco Construction 403 West MLK Blvd NYC Construction Group, Inc. 2475 Mercer Avenue 30 Technology Parkway South, Suite Reed Construction Data 100 SA Consultants, LLC 2150 Coral Way, Suite 7B VendorLink LLC 12201 Research Parkway City Stuart Coconut Creek Scottsdale Ft. Lauderdale FT. Lauderdale Cincinnati Miami Tampa West Palm Beach Norcross Miami Orlando State 2ip Phone Fax Attributes FL 34994 8007855165 8005817204 FL 33066 9549792300 9549790879 1. Small Business A2 . 85258 4809498509 4809452603 1. Small Business 2. Woman Owned FL 33311 9544858800 9544858809 FL 33311 9544858800 9544858809 OH 45242 8772271680 8665708187 FL 33143 3055410000 3055419771 FL 33603 8132812753 8132819596 FL 33401 5612833333 5614296654 GA 30092 8009018687 8775633534 FL 33145 3058579220 3058579221 1. Woman Owned FL 32826 4074010031 1111111111 1. Small Business