7THE CITY OF PLEASANT LIVING
TO:
FROM:
Via:
DATE:
SUBJECT:
BACKGROUND:
VENDORS &
BID AMOUNT:
EXPENSE:
ATTACHMENTS:
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
Agenda Item No.:l November 17, 2015
A Resolution authorizing the City Manager to award a nine-month contract to
Montoya Holdings for the City's Senior Program weekend delivery meal service.
The City of South Miami Parks and Recreation Department manages the Senior
Program at the Senior Center, located at 67Q.1 SW 62 Avenue South Miami, FL
33143. Miami-Dade County Office of Management and Budget has recently
informed the city that grant funding for this program will be reduced to the
amount of $13,800 through June 30, 2016.
The program will provide two (2) prepackaged meals each weekend to
approximately sixty-five (65) senior residents at the HUD Senior Center for
thirty-nine (39) weeks, which totals 5,070 meals. Meals will be delivered on
Friday to each residents unit. Each meal is designed by a licensed nutritionist
with appropriate portion sizes for adults.
The City issued an Invitation to Quote ("ITQ") #PR2015-26 on Thursday, August
20, 2015; two (2) submittals were received Montoya Holdings was the lowest
bidder and is in compliance with the terms of the ITQ.
Please find below a breakdown of all submitted proposals.
TERM
OCT. 1,2015 -JUNE 31,2016
Amount not to exceed $11,103.30
Resolution for approval
Invitation to Quote
Pre-Bid Sign in Sheet
Proposal Compliance Summary
ILS Group & Monto Email
SunBiz -ILS Group
Articles of Incorporation
Demand Star Results
Miami Daily Business Review
ILSGROUP MONTOYA HOLDINGS
$13,384.80 $11,103.30
1 RESOLUTION NO.: ________ _
2
3 A Resolution authorizing the City Manager to award a nine-month contract to
4 Montoya Holdings for the City's Senior Program weekend delivery meal service.
5
6 WHEREAS, the City of South Miami Parks and Recreation Department manages the Senior
7 Program at the Senior Center, located at 670 I SW 62 Avenue South Miami, FL 33143; and
8
9 WHEREAS, Miami-Dade County Office of Management and Budget has recently informed the
10 city that grant funding for this program will be reduced to the amount of $13,800 through June 30, 2016;
11 and
12
13 WHEREAS, the program will provide two (2) prepackaged meals each weekend to
14 approximately sixty-five (65) senior residents at the HUD Senior Center for thirty-nine (39) weeks,
15 which totals 5,070 meals.
16 WHEREAS, the City issued an Invitation to Quote ("ITQ") #PR2015-26 on Thursday, August 20,
17 2015; two (2) submittals were received. Montoya Holdings was the lowest bidder and is in compliance
18 with the terms of the ITQ.
19
20 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
21 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
22
23 Section I. The City Manager is hereby authorized to enter into a nine-month contract with
24 Montoya Holdings in the amount of $1 1,103.30 for the City's Senior Program weekend delivery meal
25 service. A copy of the agreement is attached.
26
27 Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for any
28 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect
29 the validity of the remaining portions of this resolution.
30 Section 3. Effective Date. This resolution shall become effective immediately upon adoption
31 by vote of the City Commission.
32
33
34
35
36
37
38
39
40
41
42
43
44
45
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:
~ South Miami
lIl'~"Y(lH"""""'I'"'''~
SUBMITTED TO:
NAME:
ADDRESS:
CITY/STATE:
PHONE:
City Clerk
Maria Menendez, CMe
6130 Sunset Drive
Miami, Florida 33143
305-663·6339
NON-MANDATORY PRE-QUOTE MEETING:
QUOTE SUBMISSION REQUIREMENTS:
CITY OF SOUTH MIAMI
INVITATION TO QUOTE
ITQ #PR201S-26
WMP SUM PROPOSAL
PROJECT:
ADDRESS:
CITY/STATE:
ISSUE DATE:
E-MAIL:
Wednesday, September 2, 201S at 10 AM DUE DATE:
Quotes submitted after 10 AM on the due date will not be accepted unless otherwise specified in the quote document
catering Weekend Meals for Sen'lars
6701 SW 62 Avenue
South Miami, FI 33143
Thursday, August 20, 2015
skulick@sQuthmiamifJ.gov.
Tuesday, September 8, 2015 at 10 AM
of a time change. All quotes(One hard copy and one digital copy) will be submitted to the City Clerks Office in a sealed envelope. The label on the on the
envelope needs to read as follows:
City of South Miami
Maria M. Menendel, CMC
6130 Sunset Drive
South Miami, Fl. 33143
Project Name: catering Weekend Meals for Seniors
Must input project name. If label does not have all information above your quote will not be accepted.
INSURANCE REQUIREMENTS:
The CITY'S insurance requirements are attached (Exhibit 1). As a condition of award, the awarded vendor must provide a
certificate of insurance naming the city as additional insured.
AFFIDAVITS REQUIRED WITH SUBMITTAL: (Exhibit 2)
Respondents must complete and submit with your quote affidavits provided in Exhibit 2.
CONTRAtTS REQUIRED WITH SUBMITTAL: (Exhibits 31.
Respondents must complete and submit with your quote, Exhibits 3
QUESTIONS:
Any Requests for additional information or questions must be in writing, emailed by 10 AM local time on Wednesday, September 2, 2015 to the
attention of Mr. Steven Kulick. Purchasing Manager at skulick@southmiamifl.gov.
REFER TO "SCOPE OF SERVICES, Attachment A,B,C" COPY ATTACHED
litem Number , I Un~P"ce Qty
, ','13D -"'" """±i 1
• . "''',
I ,I, scheduled t 10 AM at City H.II '
~>'
;
. D .. dllne to ,ubm;';" TUesd.y, lAM
PrintIType Name: Phone:
Signature: Date:
E·mall: Fax:
Finn Name: F.E.tN. No.:
Address: City: State:
..
THE EKEaJTlON OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUNO BY THE TERMS OF ITS PROPOSAL. FAIWRE TO SIGN THIS SOUOTATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL
RENDER THE PROPOSAL NON·RESPONSIVE. THE ClTY MAY, HOWEVER, IN ITSSOLE DI5CJ1ETION, ACCEPT ANY PROPOSAL THAT INQ.UDESAN EXEQJTEO OOCUMENTWHICH UNEQUIVOCALLY BINDS THE PROPOSERTOTHETERMS OF ITS OFFER. THE
CITY'S REQUEST FOR QUOTES IS FOR THE LOWEST AND MOST RESPONSIVE PRICE. THE ClTY RESERVES THE RIGHT TO AWARD THE PROJECTTO THE FIRM mNSIDERED THE BEST TO SERVE THE OlY'S INTEREST.
Bid Submittal Checklist
__ Price Proposal Sheet
__ Copy of annual Inspection report from Florida Department of Health
__ Submit proof of registration with the State Department of Elder Affairs
__ Exhibit #1 Affidavits and Forms Submission Requirements
__ Local Business Tax receipt issued by Miami Dade County or government
entity having jurisdiction where the business is located
__ Copy of Food Management Certificate
__ Copy of Department of Business and Professional Regulations Certificate
__ Samples of the tray, seal, label and carton used to package the food
Failure to submit any of the following items listed above will render your
proposal non-responsive.
Scope of Services:
The purpose of this ITQ is to solicit quotes from qualified catering companies. Beginning
October 1, 2015, the City's Parks and Recreation Senior Program will provide two (2)
prepackaged meals for approximately sixty-five (65) residents at the HUD Senior Center every
Friday. The program will provide approximately 130 meals to 65 senior residents at the HUD
Senior Center every Friday for 52 weeks, which totals 6,760 meals during the contract period.
Total grant budget: $18,400.00 annually
The meals are to be delivered to the individual units occupied by seniors residing at the Senior
Center. (Exhibit #6). Quote is to be submitted by "Per Meal" and "Lump Sum Total" for the
duration of the contract.
This contract will be effective October 2015 until September 30, 2016 (Exhibit # 3, Contract).
At the discretion of the City Manager, the contract may be extended for four (4), one-year
options-to-renew.
Scope of Services
Attachment A
Food Specifications
SODIUM CONDIMENT
No salt, accent, or any other sodium condiment should be used in preparation of food.
FOOD SPECIFICATIONS
The following items must be supplied as specified:
A. Vegetables
a. Vegetables shall be frozen, not canned.
B. Salads
a. Tossed salad shall be as indicated on menus or other items as specified on menu
cycle.
b. Salads made with mayonnaise shall arrive at 40 degree F temperature
C. Milk/Dairy
a. Milk must be fluid, 1% low fat, pasteurized, fortified with Vitamin A and D.
b. All milk is to be iced. The ice must be in a solid state at time of delivery. Milk
shall be packed in iced, in clean/closed thermal containers not containing cracks.
Milk shall be packaged in 8 ounce cartons. Cheese must be natural or processed
with not more than 3.9% moisture. Cheese food is not acceptable. Yogurt must
be low fat and may contain artificial sweeteners and flavors.
D. Bread
a. All bread, cereal, cracker, and cookie products must be made with whole grain,
enriched flour or meal as the primary ingredient. No trans fat allowed
E. Fruit
a. All fruits, juices, and vegetables must be USDA Grade A/Fancy. Fruits may be
canned (except where fresh is indicated on menu) and must be packed in light
syrup, water or natural juice. All fruit juices must be 100% full-strength and
pasteurized. All fresh bananas are to be delivered one day prior green tipped.
F. Meat
a. Meat, poultry, and eggs must be procured from USDA inspected facilities.
Ground chuck and luncheon meats must be at least 85% lean. Luncheon meats
and frankfurters (if by special request) must contain no variety meats. Chicken
must be USDA Grade A and from fryers with weight of no less than two (2)
pounds, 4 ounces. Chopped ham, chicken roll, and turkey roll cannot be used.
Tuna must be Grade A, chunk light, packed in water and must be U.S.
Government inspected. Eggs must be USDA Grade A. Fish must be Icelandic only
and bear USDC and U.S. Grade A shield on packaging; batter must be crunchy
type breading. Peanut butter must be made from Grade A peanuts and of a
smooth, thick consistency
G. Margarine
a. Margarine is to be supplied in case lots to each site for use with breads and as
vegetable seasoning. Margarine must be 100% canola or canola oil combination.
No trans fat allowed
H. Soup
a. Soups shall be low sodium
I. Coffee
a. Regular coffee decaffeinated coffee, tea bags and IICuban" styled coffee will be
delivered in bulk lots in advance by the successful bidder so that they can be
prepared by the facility's staff in time for the meals. Quantities will be
determined by the menus and the number of servings requested by the facilities
J. Cereals
a. All dry cereals will be low sodium, low sugar, and individually boxed. All cookies
or crackers will be individually packaged in the quantity required to be served to
each client. All milk will be packaged in eight (8) ounce leak proof containers. All
juices will be packaged in four (4) ounce leak proof containers. Fresh fruits will
be packaged in bulk containers. Items that are to be served with breakfast are
required to be delivered on the preceding business day that the center is open.
I-DAD .
~ ~
Management and Budget
Grants Coordination
111 NW 1 st Street -19th Floor
Miami, Florida 33128
T 305-375-4742 F 305-375-4049
miamidade.gov
July 25, 2012
Ms. Jennifer Korth
Grants & Sustainable Initiatives Administrator
City of South Miami
6130 Sunset Drive
Miami, FL 33143
RE: Distribution of "Pink Slime" Meat Products by County Funded Programs
Dear Ms. Korth:
On June 5, 2012 the Board of County Commissioners passed Resolution #R-478-12, which
prohibits Miami-Dade County from contracting with any food program that uses meat products
that contain "pink slime"-low-grade beef trimmings commonly added to ground beef. The
County took that action in response to customer concerns regarding possible health risks.
To prevent a contractual compliance issue, now or in the future, the Office of Management and
Budget -Grants Coordination (OMB-GC) is urging all its food distribution service providers and
meal service providers that receive General Revenue funds to Immediately discontinue using
meat products that contain those low grade beef trimmings. We will contact you again once the
County Attorney's staff determines the process that programs must follow to confirm that they
are not using "pink slime" in the food or meals that they distribute.
You may obtain an electronic copy of Resolution #R-478-12 at the following Web address:
http://www. miamidade.gov/govaction/legistarfiles/Min MattersiY20121120798min .pdf.
Please contact Felipe M. Rivero, III, Administrator of our Contracts and Grants Section, at (305)
375-4765 if you have any questions regarding this requirement.
Sincerely,
~,:>~
~
Daniel T. Wall
Assistant Director
Office of Management and Budget
c: Philip K. Stoddard, Mayor
Scope of Services
Attachment B
SOUTH MIAMI WEEKEND MEALS
WEEK 1
MENUA MENU B
Braised Beef in Tomato Sauce Cuban Tamal
White Rice Red Beans & Rice
Split Pea Soup Sliced Carrots
Green Beans Vanilla Pudding
Dinner Roll Dinner Roll
Banana Milk
Milk
WEEK2
MENUA MENU B
Chicken Meat Balls in tomato sauce
Yellow Rice Spaghetti
Fried sweet plantains Italain mixed vegetables
Peas & Carrots Garlic Bread
Dinner Roll Corn
Chocolate with cream Rice Pudding
Milk Milk
WEEK3
MENUA MENU B
Media Noche Sandwich 3 Ham Croquettes
Black Bean Soup Yellwo Rice with Ham & Sausage
Orange Juice Peas & Carrots
Debbie Cake Chocolate Pudding
Mariquitas Dinner Roll
Milk Milk
WEEK4
MENUA MENU B
Moro Ground Beef
Pork Chuncks White Rice
Boiled Casava with Mojo Green Beans
Apple Juice Dinner Roll
Cuban Dinner Roll Fruit Cup
Fruit cocktail Milk
Milk
Scope of Services
Attachment C
Delivery Addresses
Friday Senior Meals
1st Floor
Apt. 101
Apt. 102
Apt. 103
Apt. 105
Apt. 106
Apt. 107
Apt. 107
Apt. 107
Apt. 108
Apt. 110
Apt. 112
Apt. 112
3rd Floor
Apt. 302
Apt. 303
Apt. 305
Apt. 305
Apt. 307
Apt. 308
Apt. 309
Apt. 310
Apt. 311
Apt. 312
Apt. 317
Sth Floor
Apt. 502
Apt. 503
Apt. 505
Apt. 505
Apt. 507
Apt. 508
Apt. 509
Apt. 514
Apt. 514
6701 SW 62 Ave
2nd Floor
Apt. 204
Apt. 205
Apt. 205
Apt. 206
Apt. 207
Apt. 213
Apt. 214
Apt. 219
Apt. 217
Apt. 217
4th Floor
Apt. 401
Apt. 402
Apt. 403
Apt. 403
Apt. 404
Apt. 405
Apt. 406
Apt. 408
Apt. 409
Apt. 410
Apt. 417
6th Floor
Apt. 601
Apt. 603
Apt. 604
Apt. 605
Apt. 608
Apt. 609
Apt. 612
Apt. 613
Apt. 616
Apt. 617
EXHIBIT I
Insurance & Indemnification Requirements
1.0 I Insurance
A. Without limiting its liability. the contractor, consultant or consulting firm (hereinafter referred to as
"FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and
maintain at its own expense during the life of the Contract, insurance of the types and in the minimum
amounts stated below as will protect the FIRM, from claims which may arise out of or result from the
contract or the performance of the contract with the City of South Miami, whether such claim is against
the FIRM or any sub-contractor, or by anyone directly or indirectly employed by any of them or by
anyone for whose acts any of them may be liable.
B. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized
in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The
FIRM shall purchase insurance from and shall maintain the insurance with a company or companies
lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as
will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result
from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether
such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by
any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers'
compensation, disability benefit and other similar employee benefit acts which are applicable to the Work
to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or
death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or
death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal
injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or
destruction of tangible property, including loss of use resulting there from; (f) claims for damages because
of bodily injury. death of a person or property damage arising out of ownership. maintenance or use of a
motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and
(h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract.
1.02 Firm's Insyrance 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, contractual liability, severability of interest with
cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single
limit per occurrence and $2,000,000 aggregate, including:
• Personal Injury: $1,000,000;
• Medical Insurance: $5,000 per person;
• Property Damage: $500,000 each occurrence;
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 and/or Completed Operations Hazard
(d) Explosion. Collapse and Underground Hazard Coverage
(e) Broad Form Property Damage
(I) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless
and/or indemnification agreement.
(g) Personal Injury Coverage with Employee and Contractual Exclusions removed. with minimum limits of
coverage equal to those required for Bodily Injury liability and Property Damage liability.
1.06 Business Automobile liabili1;)' with minimum limits of One Million Dollars ($1.000.000.00) plus an
additional One Million Dollar ($1.000.000.00) umbrella per occurrence combined single limit for Bodily Injury
liability and Property Damage liability. Umbrella coverage must be afforded on a form no more restrictive than
the latest edition of the Business Automobile liability policy. without restrictive endorsements. as flied by with the
state of Florida, and must include:
(a) 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.
1.08 Fire and Extended Coverage Insurance (Builders' Risk). IF 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 of all
Subcontractors performing Work.
B. All of the provisions set forth in Section 5.4 herein below shall apply to this coverage unless it would be
clearly not applicable.
1.09 Miscellaneous:
A. If any notice of cancellation of insurance or change in coverage is issued by the insurance company or
should any insurance have an expiration date that will occur during the period of this contract, the FIRM
shall be responsible for securing other acceptable insurance prior to such cancellation, change, or
expiration so as to provide continuous coverage as specified in this section and so as to maintain
coverage during the life of this Contract.
B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the
CITY. either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond. in a
form satisfactory to the CITY covering the same.
e. The policies shall contain waiver of subrogation against CITY where applicable. shall expressly provide
that such policy or policies are primary over any other collectible insurance that CITY may have. The
CITY reserves the right at any time to request a copy of the required policies for review. All policies
shall contain a "severability of interest" or "cross liability" clause without obligation for premium
payment of the CITY as well as contractual liability provision covering the Contractors duty to indemnify
the City as provided in this Agreement.
D. Before starting the Work, the FIRM shall deliver to the CITY and CONSULTANT certificates of such
insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy,
including the declaration page and all applicable endorsements and provide the name. address and
telephone number of the insurance agent or broker through whom the policy was obtained. The insurer
shall be rated AVII or better per AM. Best's Key Rating Guide. latest edition and authorized to issue
insurance in the State of Florida. All insurance policies must be written on forms approved by the State
of Florida and they must remain in full force and effect for the duration of the contract period with the
CITY. The FIRM may be required by the CITY. at its sole discretion. to provide a "certified copy" of the
Policy (as defined in Article I of this document) which shall include the declaration page and all required
endorsements. In addition, the FIRM shall deliver, at the time of delivery of the insurance certificate, the
following endorsements:
(I) a policy provision or an endorsement with substantially similar provisions as follows:
"The City of South Miami is an additional insured. The insurer shall pay all sums that the City of
South Miami becomes legally obligated to pay as damages because of 'bodily injury", 'property
damage' , or "personal and advertising injury" and it will provide to the City all of the coverage
that is typically provided under the standard Florida approved forms for commercial general
liability coverage A and coverage B";
(2) a policy provision or an endorsement with substantially similar provisions as follows:
"This policy shall not be cancelled (including cancellation for non-payment of premium),
terminated or materially modified without first giving the City of South Miami ten (10) days
advanced written notice of the intent to materially modify the policy or to cancel or terminate
the policy for any reason. The notification shall be delivered to the City by certified mail, with
proof of delivery to the City."
E. If the FIRM is providing professional services, such as would be provided by an architect, engineer,
attorney, or accountant, to name a few, then in such event and in addition to the above requirements.
the FIRM shall also provide Professional Liability Insurance on a Florida approved form in the amount of
$1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all
sums which the FIRM shall become legally obligated to pay as damages for claims arising out of the
services or work performed by the FIRM its agents, representatives, Sub Contractors or assigns, or by
any person employed or retained by him in connection with this Agreement. This insurance shall be
maintained for four years after completion of the construction and acceptance of any Project covered by
this Agreement. However, the FIRM may purchase Specific Project Professional Liability Insurance, in the
amount and under the terms specified above, which is also acceptable. No insurance shall be issued by a
surplus lines carrier unless authorized in writing by the city at the city's sole, absolute and unfettered
discretion.
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 CITY's 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 fees. paralegal fees and investigative costs
incidental there to and incurred prior to. during or following any litigation. mediation. arbitration and at all
appellate levels, which may be suffered by, or accrued against. charged to or recoverable from the City of South
Miami. its officers. affiliates. employees. succe.ssors and assigns, by reason of any causes of actions or claim of any
kind or nature. including claims for injury to, or death of any person or persons and for the loss or damage to any
property arising out of a negligent error. omission. misconduct, or any gross negligence. intentional act or harmful
conduct of the 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-performance 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 andlor its affected officers, affiliates, employees,
successors and assigns. including their attorney's fees, in the defense of any action in law or equity brought against
them and arising from the negligent error, omission, or act of the 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 concerning the work or event that is occurring on the CITY's
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/subcontractor 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.
F. However. as to design professional contracts. and pursuant to Section 725.08 (I). Florida Statutes.
none of the provisions set forth herein above that are in conflict with this subparagraph shall apply and this
subparagraph shall set forth the sole responsibility of the design professional concerning indemnification. Thus.
the design professional's obligations as to the City and its agencies, as well as to its officers and employees. is ·to
indemnify and hold them harmless from liabilities. damages. losses. and costs. including. but not limited to.
reasonable attorneys' fees. to the extent caused by the negligence. recklessness. or intentionally wrongful
conduct of the design professional and other persons employed or utilized by the design professional in the
performance of the contrac~.
EXHIBIT 2
INVITATION TO QUOTE
AFFIDAVITS AND FORMS
SUBMISSION REQUIREMENTS
This listing indicates the forms and documents required to be submitted for this solicitation and
to be presented by the deadline set for within the solicitation. Fulfillment of all solicitation
requirements listed is mandatory for consideration of response to the solicitation. Additional
documents may be required and, if so, they will be identified in an addendum to this ITQ. The
response shall include the following items:
I. Non-Collusion Affidavit
2. Public Entity Crimes and Conflicts of Interest
3. Drug Free Workplace
4. Acknowledgement of Conformance with OSHA Standards
5. Related Party Transaction Verification Form
6. Presentation Team Declaration/Affidavit of Representation
7. Signed Contract Document (AII-including General Conditions and
Supplementary Conditions if attached. EXHIBIT 3
NON COLLUSION AFFIDAVIT
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
_____________________ being first duly sworn, deposes and states that:
(I) HeiShefThey islare the --::--____ --::---:--:-____________ _
(Owner, Partner, Officer, Representative or Agent) of
the Respondent that has submitted the
attached Proposal;
(2) He/ShelThey is/are fully informed concerning the preparation and contents of the attached Proposal
and of all pertinent circumstances concerning such Proposal;
(3) Such Proposal is genuine and is not a collusive or sham Proposal;
(4) Neither the said Respondent nor any of its officers. partners, owners, agents, representatives,
employees or parties in interest. including this affiant, have in any way colluded, conspired, connived
or agreed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or
sham Proposal in connection with the Work for which the attached Proposal has been submitted; or
to refrain from Bidding or proposing in connection with such Work; or have in any manner, directly
or indirectly. sought by agreement or collusion, or communication, or conference with any
Respondent, firm. or person to fix any overhead, profit, or cost elements of the Proposal or of any
other Respondent, or to fix any overhead, profit. or cost elements of the Proposal Price or the
Proposal Price of any other Respondent, or to secure through any collusion, conspiracy, connivance.
or unlawful agreement any advantage against (Recipient), or any person interested in the proposed
Work;
(5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any
collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any other
of its-agents. representatives, owners, employees or parties of interest, including this affiant.
Signed, sealed and delivered in the presence of.
By:
Witness Signature
Witness Print Name and Title
Date
ACKNOWLEDGEMENT
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
On this the day of , 20 __ , before me, the undersigned Notary Public of the State
of Florida, personally appeared (Name(s) of individual(s) who appeared before
notary) and whose name(s) is/are Subscribed to the
within instrument, and he/she/they acknowledge that he/she/they executed it.
Thomas F. Pepe
02-23-15 15
WITNESS my hand and official seal.
NOTARY PUBLIC:
SEAL Of OffiCE:
Thomas F. Pepe
02-23-15 16
Notary Public. State of florida
(Name of Notary Public: Print, Stamp or type as commissioned.)
Personally known to me, or
Personal identification:
Type of Identification Produced
Did take an oath. or
Did Not take an oath.
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
Proposal or bid on a Contract to provide any goods or services to a public entity, may not submit a Bid or
proposal for a Contract with a public entity for the construction of repair of a public building or public work, may
not submit bids or proposals on leases or real property to a public entity, may not be awarded to perform Work
as a RESPONDENT, Sub-contractor, supplier, Sub-consultant, or Consultant under a Contract with any public
entity. and may not transact business with any public entity in excess of the threshold amount Category Two of
Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor
list",
The award of any contract hereunder is subject to the prOVISions of Chapter I 12, Florida State Statutes.
Respondents must disclose with their Proposals. 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
[print name of the public entity]
~----~~~~~----~~------------------------------[print individual's name and title]
fur ____ ~~------~----~----------------~-----------------------------[print name of entity submitting sworn statement]
whose business address is
and (if applicable) its Federal Employer Identification Number (FEIN) is (If the
entity has no FEIN, include the Social Security Number of the individual signing this sworn statement:
--------------_.)
2. understand that a "public entity crime" as defined in Paragraph 287.133 (I )(g), Florida Statutes,
means a violation of any state or federal law by a person with respect to and directly related to the
transaction of business with any public entity or with an agency or political subdivision of any other state
or of the United States. including. but not limited to • any bid. proposal 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 without an adjudication
of gUilt, in any federal or state trial court of record relating to charges brought by indictment or
information after July I, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or
nolo contendere.
4. I understand that an "affiliate" as defined in Paragraph 287.133 (I) (a), Florida Statutes, means:
(a) A predecessor or successor of a person convicted of a public entity crime; or
(b) An entity under the control of any natural person who is active in the management of the entity
and who has been convicted of a public entity crime. The term "affiliate" includes those officers.
directors, executives. partners. shareholders, employees, members, and agents who are active in
Thomas F. Pepe
02-23-15 17
the management of an affiliate. The ownership by one person of shares constituting a controlling
interest in any person, or a pooling of equipment or income among persons when not for fair
market value under an arm's length agreement, shall be a prima facie case that one person
controls another person. A person who knowingly enters into a joint venture with a person
who has been convicted of a public entity crime in Florida during the preceding 36 months shall
be considered an affiliate.
5. understand that a "person" as defined in Paragraph 287.133 (I) (e). Florida Statutes. means any
natural person or entity organized under the laws of any state or of the United States with the legal
power to enter into a binding contract and which bids or proposal or applies to bid or proposal on
contracts for the provision of goods or services let by a public entity. or which otherwise transacts or
applies to transact business with a public entity. The term "person" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in management of an
entity.
6. Based on information and belief. the statement which I have marked below is true in relation to the
entity submitting this sworn statement. [Indicate which statement applies.]
___ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives,
partners. shareholders. employees. members. or agents who are active in the management of the entity.
nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to
july I. 1989.
___ The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the entity,
or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to july
1.1989.
___ 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.]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY
INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY. AND THAT THIS FORM IS VALID
THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM
REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE
THRESHOLD AMOUNT PROVIDED IN SECTION 287.017. FLORIDA STATUTES. FOR CATEGORY TWO OF ANY
CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
[Signature]
Sworn to and subscribed before me this _____ day of ____________ ~. 20 __ .
Personally known ___________ _
OR Produced identification _______ _
(Type of identification)
Form PUR 7068 (Rev.06/11/92)
Thomas F. Pepe
02-23-15
Notary Public -State of _______ _
My commission expires _---,-,_--,-__ _
(Printed. typed or stamped commissioned
name of notary public)
18
DRUG FREE WORKPLACE
Whenever two or more Bids or Proposals 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 or
Proposal 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 or Proposals shall 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 shall 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 ofthe statement specified in Subsection (I).
4) In the statement specified in Subsection (I), notify the employees, that, as a condition of working
of the commodities or contractual services that are under Bid, he employee shall abide by the
terms of the statement and shall notify the employee of any conviction of, or plea of gUilty or
nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United
States or any state, for a violation occurring in the workplace no later than five (5) business 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.
RESPONDENTs Signature: ______________ _
Print Name: ___________________ _
D~e: ___________________ _
Thomas F. Pepe
02-23-15 19
ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS
TO THE CITY OF SOUTH MIAMI
We. • (Name of CONTRACTOR). hereby acknowledge and agree that as
CONTRACTOR for the Manor Lane Traffic Calming Project as specified have the sale responsibility for
compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970. and all State and
local safety and health regulations. and agree to indemnify and hold harmless the City of South Miami and TV
Lin International (Consultant) against any and all liability. claims. damages. losses and expenses they may incur
due to the failure of (Sub-contractor's names):
to comply with such act or regulation.
CONTRACTOR
By:-:-:-___________ _
Name
Title
Thomas F. Pepe
02-23-15
Witness
20
AFFIDAVIT CONCERNING
FEDERAL AND STATE VENDOR LISTINGS
The person, or entity. who is responding to the City's solicitation, hereinafter referred to as "Respondent", must
certify that the Respondent's name Does Not appear on the State of Florida, Department of Management Services,
"CONVICTED, SUSPENDED, DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR
LISTINGS".
If the Respondent's name Does appear on one or all the "listings" summarized below, Respondents must "Check
if Applies" next to the applicable "listing." The "listings" can be accessed through the following link to the Florida
Department of Management Services website:
http://www.dms.myfiorida.com/business operations/state purchasing/vendor information/convicted susp
ended discriminatory complaints vendor lists
DECLARATION UNDER PENALTY OF PERJURY
I. (hereinafter referred to as the "Declarant") state. under penalty of perjury.
that the following statements are true and correct:
(I) I represent the Respondent whose name is __ -:-__________ =_.
(2) I have the following relationship with the Respondent (Owner (if Respondent is a
sole proprietor). President (if Respondent is a corporation) Partner (if Respondent is a partnership). General
Partner (if Respondent is a limited Partnership) or Managing Member>(if Respondent is a limited liability
Company).
(3) I have reviewed the Florida Department of Management Services website at the following URL address:
http://www.dms.myflorida.com/business_ operationslstate_purchasing/vendor _information/convicted_suspended _ di
scriminatory _complaints_vendor _lists
(4) I have entered an "x" or a check mark beside each listing/category set forth below if the Respondent's
name appears in the list found on the Florida Department of Management Services website for that category or
listing. If I did not enter a mark beside a listing/category it means that I am attesting to the fact that the
Respondents name does not appear on the listing for that category in the Florida Department of Management
Services website as of the date of this affidavit.
Check if
Applicable
Convicted Vendor list
Suspended Vendor list
Discriminatory Vendor list
Federal Excluded Parties list
Vendor Complaint list
FURTHER DECLARANT SAYETH NOT.
(Prine name of Dedarant)
By: _-= __ -=---,----,-___ _
(Signature of Declarant)
ACKNOWLEDGEMENT
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
On this the __ day of ______ ~. 20 __ • before me. the undersigned authority. personally
appeared who is personally know to me or who provided the
follOWing identification and who took an oath or affirmed that that he/she/they executed the
foregoing Affidavit as the Declarant.
WITNESS my hand and official seal.
NOTARY PUBLIC:
Thomas F. Pepe
02-23-15
SEAL
21
Notary Public. State of Florida
(Name of Notary Public: Print.
Stamp or type as commissioned.)
RELATED PARTY TRANSACTION VERIFICATION FORM
.=--:::7--:-:----:~----_=_-.' individually and on behalf of --=-,-,-,-----=--:ccc--=---:---:c=-,-
("Firm")have Name of Representative CompanylVendorlEntity read the City of South Miami ("City")'s Code of Ethics,
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, andlor 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 orwho is(are)
an appointed or elected official of the City, or who is(are) a member of any public body created by the City
Commission, i.e., a board or committee of the City, [while the ethics code still applies, if the person executing this
form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) shall be based
solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to
the relationship of employees or those who have a financial interest in the Firm.]; and
(3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of
those persons' immediate family (i.e., spouse, parents. children, brothers and sisters) has transacted or entered
into any contract(s) with the City or has a financial interest. direct or indirect, in any business being transacted
with the city, or with any person or agency acting for the city, other than as follows:
_(use (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you
must make reference. on the above line, to the additional sheet and the additional sheet must be signed under
oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose
stock is publicly traded, the statement in this section (3) shall be based solely on the signatory's personal
knowledge and helshe is not required to make an independent investigation as to the relationship of those who
have a financial interest in the Firm.]; and
(4) no elected andlor appointed official or employee of the City of South Miami, or any of their immediate family
members (Le., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the
contract between you andlor your Firm and the City other than the following individuals whose interest is set
forth following their use a separate names: _-,-,,--_:-:--:-_--,--_.,-_...,,-_-:-_----:-,--::-----: ___ _
(if necessary. use a separate sheet to supply additional information that will not fit on this line; however. you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
The names of all City employees and that of all elected andlor appointed city officials or board members, who
own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm
are as follows:
(if necessary. use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
[while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is
publicly traded, the statement in this section (4) shall be based solely on the signatory's personal knowledge and
he/she is not required to make an independent investigation as to the financial interest in the Firm of city
employees, appointed officials or the immediate family members of elected andlor appointed official or employee.]
(5) I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may
come to us through our pOSition of trust, or through our performance of our duties under the terms of the
contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that
we may not disclose or use information. not available to members of the general public, for our personal gain or
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
Thomas F. Pepe
02-23-15 22
~~ ~
necessary. use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
X:IPurchasingWendor Registrationl 12.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx
(7) Neither I 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:
;-;_---,.,----:;---,---;:;-_-;:-_-:;c---;---;--;-_______ ,(if necessary, use a separate sheet to supply additional
information that will not fit on this line; however, you must make reference, on the above line. to the additional
sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person
executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7)
shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent
investigation as to the relationship by blood or marriage of employees. officers, or directors of the Firm, or of any
of their immediate family to any appointed or elected officials of the City, or to their immediate family members].
(8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater
than 5% in that Other Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children,
brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has
responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a,financial
interest greater than 5% in the Firm, or any member of those persons' immediate family (Le. spouse, parents,
children, brothers and sisters) have also responded, other than the following:
--------,------:----c-::-c----:---:-------:---:-:---::------:---:---:-----(if
necessary. use a separate sheet to supply additional information that will not fit on this line; however, you must
make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath).
[while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is
publicly traded, the statement in this section (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 supplement this Verification Form and inform the City of any
change in circumstances that would change our answers to this document. Specifically. after the opening of any
responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of
all Related Parties who have also responded to the same solicitation and to disclose the relationship of those
parties to me and the Firm.
(10) A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this
Verification form, may subject me or the Firm to immediate termination of any agreement with the City. and the
imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by
and subject to action by the Miami-Dade County Commission on Ethics. Under penalty of perjury, I declare that I
have made a diligent effort to investigate the matters to which I am attesting hereinabove and that the statements
made hereinabove are true and correct to the best of my knowledge, information and belief.
Signature: ____________ _
Print Name & Title: _____________ _
Date: __________ _
Thomas F. Pepe
02·23·15 23
Sec. SA-I. -Conflict of interest and code of ethics ordinance.
(a) Designation.
This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics
Ordinance." This section shall be applicable to all city personnel as defined below, and shall also constitute a
standard of ethical conduct and behavior for all autonomous personnel, quasi-judicial personnel, advisory
personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By
way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction.
(b) Definitions. For the purposes of this section the following definitions shall be effective:
(I) The term "commission members" shall refer to the mayor and the members of the city commission.
(2) The term "autonomous personne'" shall refer to the members of autonomous authorities, boards and agencies.
such as the City community redevelopment agency and the health facilities authority.
(3) The term "quasi-judicial personnel" shall refer to the members of the planning board, the environmental review
and preservation board, the code enforcement board and such other individuals, boards and
agencies of the city as perform quasi-judicial functions.
(4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose
sale or primary responsibility is to recommend legislation or give advice to the city commission.
(5) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads, the city
attorney, and all assistants to the city clerk, city manager and city attorney, however tided.
(6) The term "employees" shall refer to all other personnel employed by the city.
(7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or
to be conferred. in return for services rendered or to be rendered.
(8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of ten percent or more
of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm,
partnership, or other business entity at the time of transacting business with the city.
(9) The term "immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person
involved.
(10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services
for consideration and to' submitting a bid, a proposal in response to a RFP, a statement of qualifications in response
to a request by the city, or entering into contract negotiations for the provision
on any goods or services, whichever first occurs.
(c) Prohibition on tronsacting business with the city.
No person included in the terms defined in paragraphs (b)(l) through (6) and in paragraph (b)(9) shall enter into
any contract or transact any business in which that person or a member of the immediate family has a financial
interest, direct or indirect with the city or any person or agency acting for the city, and any such contract,
agreement or business engagement entered in violation of this subsection shall render the transaction voidable.
Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or
position. Nothing in this subsection shall prohibit or make illegal:
(I) The payment of taxes, special assessments or fees for services provided by the city government;
(2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through
underwriters or ,directly from time to time.
Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four
affirmative votes of the city commission after public hearing upon finding that:
(I) An open-to-all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2),
(3) and (4);
(2) The proposal has been submitted by a person or firm offering services within the scope of the practice of
architecture, professional engineering. or registered land surveying. as defined by the laws of the state and
pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been
submitted by a city person defined in paragraphs (b)(2), (3) and (4);
(3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself
of such property or services without entering a transaction which would violate this subsection but for waiver of
its requirements; and
(4) That the proposed transaction will be in the best interest of the city.
This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a
transaction entered in violation of this subsection.
Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal
any other law pertaining to the same subject matter.
(d) Further prohibition on transacting business with the city.
Thomas F. Pepe
02-23-15 24
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 city commission if that person has any of the following relationships with any of the
persons or entities which would be or might be directly or indirectly affected by any action of the city commission:
(I) Officer, director, partner, of counsel, consultant. employee, fiduciary or beneficiary; or
(2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the
person defined in paragraph (b)(l) in a manner distinct from the manner in which it would affect the public
generally. Any person included in the term defined in paragraph (b)( I) who has any of the specified relationships
or who would or might. directly or indirectly, realize a profit by the action of the city commission shall not vote on
or participate in any way in the matter.
(E) Gifts.
(I )Definition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of
money, service. loan. travel, entertainment. hospitality, item or promise, or in any other form. without
adequate and lawful consideration.
(2)Exceptions. The provisions of paragraph (e)( I) shall not apply to:
a. Political contributions specifically authorized by state law;
b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to
the delivery of a gift that is prohibited under paragraph(3);
c. Awards for professional or civic achievement;
d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising
nature.
(3) Prohibitions. A person described in paragraphs (b)(l) through (6) shall neither solicit nor demand any gift. It is
also unlawful for any person or entity to offer. give or agree to give to any person included in the terms defined in
paragraphs (b)(l) through (6), or for any person included in the terms defined in paragraphs (b)(I) through (6) to
accept or agree to accept from another person or entity. any gift for or because of:
a. An official public action taken, or to be taken, or which could be taken, or an omission or failure to take a public
action;
b. A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform
a legal duty;
c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in
paragraph (b)( I); or
d. Attendance or absence from a public meeting at which official action is to be taken.
(4) Disc/osure. Any person included in the term defined in paragraphs (b)(I) through (6) shall disclose any gift. or
series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by
filing a copy of the disclosure form required by chapter 112, Florida Statutes, for "local
officers" with the city clerk Simultaneously with the filing of the form with the clerk of the county and with the
Florida Secretary of State.
(I) Compulsory disclosure by employees of firms doing business with the city.
Should any person included in the terms defined in paragraphs (b)( I) through (6) be employed by a corporation,
firm. partnership or business entity in which that person or the immediate family does not have a controlling
financial interest and should the corporation. firm, partnership or business entity have substantial business
commitments to or from the city or any city agency. or be subject to direct regulation by the city or a city agency.
then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city.
(g) Exploitation of official position prohibited.
No person included in the terms defined in paragraphs (b )( I) through (6) shall corruptly use or attempt to use an
official position to secure special privileges or exemptions for that person or others.
(h) Prohibition on use of confidential information.
No person included in the terms defined in paragraphs (b)(I) through (6) shall accept employment or engage in
any business or professional activity which one might
reasonably expect would require or induce one to disclose confidential information acquired by reason of an
official position. nor shall that person in fact ever disclose confidential information garnered or gained through an
official position with the city. nor shall that person ever use such information. directly or indirectly. for personal
gain or benefit.
Thomas F. Pepe
02-23-15 25
(i) Conflicting employment prohibited.
No person included in the terms defined in paragraphs (b)(l) through (6) shall accept other employment which
would impair independence of judgment in the performance of any public duties.
(j) Prohibition on outside employment.
(I) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an
officer or employee of the city from any source other than the city. except as may be permitted as follows:
a. Generally prohibited. No full-time city employee shall accept outside employment, either inCidental. occasional or
otherwise. where city time. equipment or material is to be used or where such employment or any part thereof is
to be performed on city time.
b. When permitted. A full-time city employee may accept incidental or occasional outside employment so long as
such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and
the approval required in subparagraph c. is obtained.
c. Approval of department head required. Any outside employment by any full-time city employee must first be
approved in writing by the employee's department head who shall maintain a complete record of such
employment.
d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in
section I-I I of the Code of Miami-Dade County and, in addition shall be subject to dismissal by the appointing
authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation
incurred by the city.
(2) All full-time city employees engaged in any outside employment for any person, firm, corporation or entity
other than the city. or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the
source of the outside employment, the nature of the work being done and any amount of money or other
consideration received by the employee from the outside employment. City employee reports shall be filed with
the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city
manager may require monthly reports from individual employees or groups of employees for good cause ..
(k) Prohibited investments.
No person included in the terms defined in paragraphs (b)(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 oppearances and payment prohibited.
(I) No person included in the terms defined in paragraphs (b)(I), (5) and (6) shall appear before any city board or
agency and make a presentation on behalf of a third person with respect to any matter, license, contract,
certificate, ruling. decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall
the person receive any compensation or gift. directly or indirectly, for services rendered to a third person, who
has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit
sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as
counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question.
(2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city
commission or agency on which the person serves, either directly or through an associate. and make a
presentation on behalf of a third person with respect to any matter, license, contract. certificate, ruling, decision,
opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any
compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking
some benefit from the city commission or agency on which the person serves in connection with the particular
benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as
counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such
person serves through the suit in question.
(m) Actions prohibited when flnoncial interests involved.
No person included in the terms defined in paragraphs (b) (I) through (6) shall participate in any official action
directly or indirectly affecting a business in which that person or any member of the immediate family has a
financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or
indirect interest in any investment, equity, or debt.
(n) Acquiring financial interests.
No person included in the terms defined in paragraphs (b)(I) through (6) shall acquire a financial interest in a
project, business entity or property at a time when the person believes or has reason to believe that the financial
interest may be directly affected by official actions or by official actions by the city or city agency of which the
person is an official, officer or employee.
(0) Recommending professional services.
Thomas F. Pepe
02-23-15 26
No person included in the terms defined in paragraphs (b)(I) through (4) may recommend the services ofany
lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm. professional
or otherwise. to assist in any transaction involving the city or any of its agencies, provided that a recommendation
may properly be made when required to be made by the duties of
office and in advance at a public meeting attended by other city officials, officers or employees.
(p) Continuing application after city .ervice.
(I) No person included in the terms defined in paragraphs (b)( I), (5) and (6) shall, for a period of two years after
his or her city service or employment has ceased, lobby any city official [as defined in paragraphs
(b)(l) through (6)] in connection with any judicial or other proceeding, application, RFP, RFQ, bid, request for
ruling or other determination, contract. claim, controversy, charge. accusation, arrest or other particular subject
matter in which the city or one of its agencies is a party or has any interest whatever. whether direct or indirect.
Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request
or application to a city department or agency during the two-year period after his or her service has ceased.
(2) The provisions of the subsection shall not apply to persons who become employed by governmental entities,
50 I (c)(3) non-profit entities or educational institutions or entities, and who lobby on behalf of those entities in
their official capacities.
(3) The provisions of this subsection shall apply to all persons described in paragraph (p)( I) whose city service or
employment ceased after the effective date of the ordinance from which this section derives.
(4) No person described in paragraph (p)(l) whose city service or employment ceased within two years prior to
the effective date of this ordinance shall for a period of two years after his or her service or employment enter
into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)( I) in
which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she
participated directly or indirectly through decision, approval, disapproval, recommendation, the rendering of
advice. investigation. or otherwise. during his or her city service or employment. A person participated "directly"
where he or she was substantially involved in the particular subject matter through deciSion, approval, disapproval,
recommendation. the rendering of advice. investigation. or otherwise, during his or her city service or
employment. A person participated "indirectly" where he or she knowingly participated in any way in the particular
subject matter through decision. approval. disapproval. recommendation, the rendering of advice, investigation, or
otherwise, during his or her city service or employment. All persons covered by this paragraph shall execute an
affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the
requirements of this subsection do not preclude the person from lobbying city officials.
(5) Any person who violates this subsection shall be subject to the penalties provided in section 8A·2(p).
(q) City attorney to render opinion. 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, § 2, 3-2-99)
Editor's note-Ord. No. 6·99·1680, § I, adopted 3-2·99, repealed §§ 8A-1 and 8A·2 in their entirety and replaced
them with new §§
8A·1 and 8A·2. Former §§ 8A-1 and 8A-2 pertained to declaration of policy and definitions, respectively, and
derived from Ord. No. 634, §§ I (I A-I), I (I A-2) adopted Jan. II, 1969.
Thomas F. Pepe
02·23·15
END OF SECTION
27
PRESENTATION TEAM
DECLARATION/AFFIDVAIT OF REPRESENTATION
This affidavit is not required for compliance with the City's Solicitation; however, it may be used to avoid
the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14-
2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation
before a City certification, evaluation, selection, technical review or similar committee, shall list on an
affidavit provided by the City staff, all individuals who may make a presentation. The affidavit shall be
filed by staff with the Clerk's office at the time the committee's proposal is submitted to the City
Manager. For the purpose of this subsection only, the listed members of the presentation team, with
the exception of any person otherwise required to register as a lobbyist, shall not be required to pay any
registration fees. No person shall appear before any committee on behalf of an anyone unless he or she
has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is
registered with the City Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees.
Pursuant to '92.525(2), Florida Statutes, the undersigned, ______ ~, makes the following
declaration under penalty of perjury:
Listed below are all individuals who may make a presentation on behalf of the entity that the affiant
represents. Please note; No person shall appear before any committee on behalf of anyone unless he
or she has been listed as part of the firm'.s presentation team pursuant to this paragraph or unless he
or she is registered with the Clerk's office as a lobbyist and has paid all applicable lobbyist registration
fees.
TITLE
For the purpose of this Affidavit of Representation only, the listed members of the presentation team,
with the exception of any person otherwise required to register as a lobbyist, shall not be required to
pay any registration fees. The Affidavit of Representation shall be filed with the City Clerk's office at the
time the committee's proposal is submitted to the City as part of the procurement process.
Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated
in it are true and specifically that the persons listed above are the members of the presentation team of
the entity listed below
Executed this __ day of _______ ~, 20
Signatu re of Representative
Print Name and Title
Thomas F. Pepe
02·23·IS
Print name of entity being represented
END OF SECTION
28
EXHIBIT 3
CONTRACT FOR ______ _
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, FL. , E-mail:
salexander@southmiamifl.gov and with an office and
principal place of business located at and E-mail address of
_______ (hereinafter called the "CONTRACTOR").
WITNESSETH:
WHEREAS, the CITY is in need of ; and
WHEREAS, the CITY desires to retain the CONTRACTOR to provide the required good
and/or services based on the CONTRACTOR's representations that it is qualified and capable
of providing said goods and/or services in a professional and timely manner and in accordance
with the CITY's goals and requirements; and
WHEREAS, the CONTRACTOR has agreed to provide the required goods and/or
services in accordance with the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the parties agree 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 solicitation,
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 preceding 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 Contractor's 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 immediately preceding the document described below to indicate that such document is part of this
contract)
o General Conditions to Contract,
o Su pplementary Conditions,
o "Other Documents" referring to in this contract and signed by the parties,
o Solicitation documents ("hereinafter referred to as "Bid Documents"
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 Contractor's proposal or quote,
o CITY's Insurance & Indemnification Requirements,
o Payment Bond,
o Performance Bond,
This Contract and the General Conditions to Contract, Supplementary Conditions, the
Solicitation, Scope of Services and "Other Documents", if any are "checked documents", shall
take precedent over the response to the CITY's Bid Documents, the proposal or the quote, if
any. The "checked documents" are attached hereto and made a part hereof by reference.
Thomas F. Pepe 2015
04/13/15
Page -1-013
3) Date of Commencement: The CONTRACTOR shall commence the performance of
the Work under this Contract on or 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 of the
essence.
4) Primary Contacts: The Primary Contact Person in charge of administering this
Contract on behalf ofthe CITY is the City Manager ("Manager"), assistant Manager, or the
Manager's designee, who shall be designated in a writing signed by the Manager. The Primary
Contact Person for the CONTRACTOR and his/her contact information is as follows: Name:
______ ....:e-mail: ; Fax: Street Address:
5) Scope of Services: The goods and/or services to be provided are as set forth in
the "checked documents".
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, as
indicated by a checked box, 0 $ or as set forth in 0 CONTRACTOR's response to
the CITY's written solicitation, if any, or, if none, then as set out in CONTRACTOR's proposal or
quote, or the Scope of Services, 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, it is presumed that the cost of performing the Work after regular working hours, and
on Sunday and legal holidays is included in the Contract Price. However, nothing contained
herein shall authorize work on days and during hours that are otherwise prohibited by
ordinance unless specifically authorized or instructed in writing by the Director, 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 until it expires on
_____ ---', or unless earlier terminated according to the Contract Documents.
Notwithstanding the foregoing, this Contract may be extended by an additional __ period
if the extension is in writing and signed by the Director. An extension of the term of this
Contract is at the CITY's sole and absolute discretion.
9) Termination: This contract may be terminated without cause by the CITY with 30
days of advanced written notice. This provision supersedes and takes precedence over any
contrary provisions for termination contained in the Contract Documents.
10) Applicable Law and Venue: Florida law shall apply to the interpretation and
enforcement of this Contract. Venue for all proceedings shall be in Miami-Dade County,
Florida.
11) Insurance, Indemnification & Bonding: CONTRACTOR shall comply with the
insurance, indemnification and bonding requirements set forth in the Contract
Documents.
12) Liquidated Damages: In the event that the CONTRACTOR shall fail to complete
the Work within the time limit set forth in the Contract Documents, or the extended time limit
agreed upon, in accordance with the procedure as more particularly set forth in the Contract
Documents, liquidated damages shall be paid at the rate of $ 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
Thomas F. Pepe 2015
04/13/15
Page-2-of3
both parties hereto. The Contract Documents, in general, and this paragraph, in particular,
shall not be modified or amended by any acts or omissions of the parties. No failure to
exercise and no delay in exercising any right, power or privilege shall operate as a waiver. No
waiver of the Contract Documents, in whole or part, including the provisions of this
paragraph, may be implied by any act or omission.
15) Public Records: CONTRACTOR and all of its subcontractors are required to comply
with the public records law (s.119.0701) while providing goods and/or Services on behalf of
the CITY and the CONTRACTOR, under such conditions, shall incorporate this paragraph in all
of its subcontracts for this Project.
16) Background Screening. All personnel and volunteers that will provide any service
with vulnerable persons, as defined in Section 435.02, ,Fla. Stat., involving any City or its
Agency in such related activity must be in compliance with Level II Background Screening and
fingerprinting requirements as per, Florida Statute Ch. 43S prior to the scheduled start of any
employee or volunteer. CONTRACTOR shall prevent any and all of its personnel, including
volunteers, from engaging in any such related activities without having passed a background
screening to the satisfaction of the City. A violation of this requirement shall constitute a
substantial breach of the agreement.
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 ofthe work or services under this contract shall
be subcontracted or assigned without prior written consent from the SMCRA which may be
denied without cause.
19) Notices. All notices given or required under this contract shall be deemed
sufficient if sent by a method that provides written evidence of delivery, including e-mail and
facsimile transmission and delivered to the CONTRACTOR or his designated contact person.
Return of mail, sent to the address contained herein for the parties or their contact persons,
as not deliverable orfor failure to claim the mail shall be deemed received on the date that
the mail is returned to sender.
IN WITNESS WHEREOF, the parties, have executed this Contract, on or before the
date first above written, with full knowledge of its content and significance and intending to
be legally bound by the terms hereof.
Witnessed:
By: __________ _
ArrESTED:
By: ______ _
Maria Menendez
City Clerk
Read and Approved as to Form, Language,
Legality and Execution Thereof:
By: _______ _
City Attorney
Thomas F. Pepe 2015
04/13/15
Page-3-of3
[Individual or entity's name]
By:. _________ _
[name of signatory]
CITY OF SOUTH MIAMI
By: _______ _
Steven Alexander
City Manager
Date:
ITQ Title:
ITQ No.:
PI P'tCI I
THE CITY OF PLEASANT LlVI~G
Pre-Bid Conference
Sign-In Sheet
September 2, 2015
Catering Weekend Meals for Seniors
PR2015-26
Namc/Titlc Compan) Name/ E-mail Address Telephone No,
X:IPurchasingllnvitation to Quote120 15-16 Senior mealslPre BidlPre-Bid Meeting Sign-In Sheet.doc
SUBMmED TO! City Clerk
CITY OF SOUTH MIAMI
INVITA110NTOQUOTE
ITQ #PR2015'".26
WMP SUM PROPOSAL
PROJECT:
NAME!
ADDRESS:
Marla Menendez, CMC ADDRESS: J.iIE:~i~~i~~i~~~ CITY/STATE,
Crrv/STATE: ISSUE DATE:
PHONE: E·MAIL:
NON~""DATD"Y· DUEDAT~
qUOTE SUBMISSION REQUIREMENTS;
Quotes submitted after 10 AM on the due date will not be accepted unlesS otherwise specified In the quote document
Catering Weekend Meals for Senlot5
of a time change. All quotes(One hard copy and one digital copy) will be submitted to the City Clerks Office In a sealed envelope. The label on the on the
envelope needs to read as follows:
City of South Miami
Marla M. Menendez, CMC
6190 Sunset Drive
South Miami, Fl. 33143
Project Name: catering Weekend Meals for Seniors
Must Input project name. If label does not have all Information above your quote will not be accepted.
INSURANCE REQUIREMENTS!
The CITY'S Insurance requIrements are attached (Exhibit I). As a condition of award, the awarded vendor must provide a
certificate of insurance naming the city as additional Insured.
AFFIDAVrrs REqUIREDWITH SUBMmAL: (Exhibit 21
Respondents mustcomplet\! and submIt with your quote affidavits provided In Exhibit 2.
CONTRACTS REQUIRED WITH SUBMIJIAl.; IExbJbIt!i!l).
Respondents must complete and submit with your quote, Exhibits 3
QUEffipNS·
Any Requestsfor additional information or questions must be in wrltlng, emelled by 10 AM local time on Wednesday, September Z. 2015 to the
attention of Mr. steven Kulick. Purchasing Manaaer atslwllck@southmlamlfl.gov.
REFERTO "SCOPE OF SERViCES, Attachment A,B,C" COPY AlTACHED
Signature: Date:
E·mall: Fax:
Finn Name: F.E.I.N. No.:
Address: City:
-
THE E)(ECUnDN DP TIllS fORM ClINStmms THE UNEQUNOCAl.DFFEROFPROPOSERlOBE BOUND BYTIlETERMSDF1TS PROPOSAL FAlWRETOSIGN TIllSSOUCITATTDN WHEREINDICATED ABOVE BY ANAOTHDRIZ&D R~"RESElfTATIVESHAU.
nENDERTIlEPftoPOSAl. NON-ltESPONSIVE. THE CITY MAY, HOWEVEiL IN m 501.£ DISCREnON. ACtEPT Arl'( PROPOSAl. THAT INetUDESAH ElIIlCUTED DOCUMENTWHIOI UNEQUIVOCAllY BINDS THE PROPQSERTO THETERMS Of I'IS omll. THE
CITY'S REQUEST fOR QUons IS FORTHE LOWEST AND MOSTRESl'OItSIVE PRlIE, THE CITY RESERVes THE RlGHTTOAWARDTHE PROJECTTOTHE FIRM COOSIDEREDTHE BESTTOSEfM; THE OTY'S INTI!REST.
SUSMIMDTO: CIty Clerk
CITY OF SOUTH MIAMI
INVITATION TO QUOTE
ITQ I#PRZOl5-26
LUMP SUM PROpOSAL
PROJECT:
..
catering weekend Meals for Seniors
NAME: "M~'-ri~'"M7e-n-.-nd7"-.~C~M~C:---------------
ADDRESS:
CITY/STATE:
PHONE:
ADDRESS:
CITY/STATE:
fSSUEDATE;
E-MAIl:
DUE DATE:
6701SW62Avenuei~~~~~~
QUOTE SUSMISSION REOUIREMENTS:
Quotes submitted after lOAM on the due date will not be accepted unless othelWlse specified in the quote document
of a time change. All quotes{One herd copy end one digital copy) will be submitted to the City Clerks Office In a sealed envelope. The label on the on the
envelope needs to read as follows!
CIty of South Miami
Marfa M. Menendezl eMe
6130 Sunset Drive
SOuth Miami, Fl. 33148
Project Name: catering Weekend Meals felr Seniors
Must Input projad: name. If label does not have all Information above your quote will not be accepted.
INSURANg REQUIREMENTS:
The CITY'S Insurance requirements are attached (Exhibit 1). As a condition of award, the awarded vendor must provide a
certificate of Insurance naming the'city as additional insured.
AFFIDAVITS REQUIRED WITH SUBMITIALj (Exhibit 2)
Respondents must comple.te and submit with your quote affidavits provided In E)(hlblt 2.
CONTRACTS REQUIRED WITH $UIIMmAL' (Exhibits! 1.
Respondents must complete and submit with your quote, Exhibits 3
qUESTIONS!
Any Requestsforaddltional information or questions must be In writing, emalled by lOAM local time on Wednesday, September2, 2015 to the
attention of Mr. Steven Kulick, purchasing Manager atskullck@lsouthmlamlfl.gov.
REFERTO "SCOPE OF SERVICES, AttachmantA,B,C II COPY ATTACHED
Signature: Date:
E-mail: F"",
Firm Name: F.EJ.N. No.:_
Address: City: /lff4 y f
THE DEamD" OFTHI5 FORM CONS111UTBTHE UNEQI.R\IOCAlOFFEll OF PROPOSER TO It BOUND BYTHETERMS 01' ITS PROPOSAL FAIWRE Ttl SI!iN THIS SOuctTATlONWHEilE INOICATEOA8OVi BY AN AUlHORInD REPRESENTATlVESH/I,U
RENDERTH! PROPOSALNON-RESPON51VE. THE otY MAY, HOW£IIE!I, IN ITS SOLE OISCRETION,ACCEPt ANY PROP05AL THAT INa.LlOESAN rucurm OOCUMBn"WHlOfUNEQU\VOCALLY BINDS THE PROPOSER TOTllETERM5 OF ns OfFER. THE
CI'IY'S ~T FOIl QUOTES is FOR 1ll£ LOWEST AHD MOSTRESPONSM PRICE. THE CITY RES'ERIIE$ THE RlGHTTOAWARD THE PROJECF TOM RAM CONSIDEliED THE BEST TOSERVETHE mY'S INTEREST.
Kulick, Steven P
From: Kulick, Steven P
Sent: Wednesday, October 07, 20154:37 PM
Cc:
Subject:
Korth, Jennifer, Pough, Quentin; Webster, John; Menendez, Maria M.
ITQ #PR2015-26
Importance: High
Re: Catering Weekend Meals for Seniors
The City has been informed by Miami-Dade County that the grant funding for this program will be cut
consisting of a reduced amount of $13,800 through June 30,2016. The City is currently researching other
funding alternatives that would support the program through FY 2016 to September 30, 2016. While it is the
City's intention to provide and fund the program through the end ofthe FY, those funds have not been
identified at this time.
To ensure the City will be able to provide the Senior Meal Program, please advise via return email, if the prices
previously submitted in your response to the ITQ will remain the same. If not, please submit revised pricing as
follows:
1. Year 1; October 1, 2015 -June 30,
2016: $
2. Option Year 1: $
3. Option Year 2: $
4. Option Year 3: $
5. Option Year 4: $
Please respond via return email by Thursday, October 9, 2015 by 10:00 AM.
We apologize for any inconvenience this may cause.
Regards,
Steven Kulick, C.P.M.
Purchasing Manager/Procurement Division
City of South Miami -6130 Sunset Drive -South Miami, FI 33143
Ph: 305/663-6339; Fax: 305/663-6346 -Email: skulick@southmiamif/.qov
c~ P''''''''''~~ .'.I>H'~~
""-'.'''.''O",-"r-,"
'~~1'Tn .... ~" N1GJl' ......... ~
1
Kulick, Steven P
Subject: FW: ITQ #PR2015-26
Steven Kulick, C.P.M.
Purchasing Manager/Procurement Division
City af Sauth Miami -6130 Sunset Drive -South Miami, FI 33143
Ph: 305/663-6339; Fax: 305/663-6346 -Email: skulick@southmiamifl.gov
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From: Carlos Montoya [mailto:healthychildrencatering20@yahoo.com]
Sent: Saturday, November 07, 2015 10:22 AM
To: Kulick, Steven P
Subject: Re: ITQ #PR2015-26
Yes Mr. Kulick, we will charge $2.19 for each meal.
Thanks
On Friday, November 6,201510:43 AM, "Kulick, Steven P" <SKulick@southmiamifl.gov>
wrote:
Mr. Montoya,
Please respond to the email below, dated 11/5/2015.
Thanks,
Steven Kulick, C.P.M.
Purchasing ManagerlProcurement Division
City of South Miami -6130 Sunset Drive -South Miami, FI 33143
Ph: 305/663-6339; Fax: 305/663-6346 -Email: skulick@southmiamifl.gov
1
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From: Kulick, Steven P
Sent: Thursday, November 05, 2015 10:05 AM
To: 'Carlos Montoya'
Cc: Korth, Jennifer; Pough, Quentin; Webster, John; Menendez, Maria M.
Subject: RE: ITQ #PR2015-26
Mr. Montoya,
Due to the Grant reduction described below to $13,700, the meal program is funded
thru June 30, 2016. Therefore, the total number of meals is approximately 5,070. It is
your intention to charge $2.19 for each meal under those conditions?
Steve
Steven Kulick, C.P.M.
Purchasing ManagerlProcurement Division
City of South Miami -6130 Sunset Drive -South Miami, FI 33143
Ph: 305/663-6339; Fax: 305/663-6346 -Email: skulick@southmiamifl.gov
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From: Carlos Montoya [mailto:healthychildrencatering20@yahoo.comj
Sent: Sunday, October 25,20158:54 AM
To: Kulick, Steven P
Cc: Korth, Jennifer; Pough, Quentin; Webster, John; Menendez, Maria M.
Subject: Re: ITQ #PR2015-26
Mr Kulick,
based on 120 weekly meals and 52 weeks, the price per meal is $2.19.
Thanks
On Friday, October 23, 2015 3:05 PM, "Kulick, Steven P" <SKulick@southmiamifLgov> wrote:
Mr. Montoya,
Please confirm your revised per meal price.
Thanks,
2
Steven Kulick, C.P.M.
Purchasing Manager/Procurement Division
City of South Miami -6130 Sunset Drive -South Miami, FI 33143
Ph: 305/663-6339; Fax: 305/663-6346 -Email: skulick@southmiamifl.qov
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From: Carlos Montoya [mailto:healthychildrencatering20@yahoo.com]
Sent: Sunday, October 11,20159:57 AM
To: Korth, Jennifer; Pough, Quentin; Webster, John; Menendez, Maria M.; Kulick, Steven P
Subject: Re: ITQ #PR2015-26
On Sunday, October 11,20159:47 AM, "healthychildrencatering20@yahoo.com"
<healthychildrencatering20@yahoo.com> wrote:
Mr. Kulick,
We were able to revise our pricing to meet your budget. We have been working with your City and County for the past 5 years,
and look forward to continuing to service the Seniors at your Center. Please see revise prices below. If any further adjustments
need to be made, please let us know.
Sent via BlackBerry from T -Mobile
From: "Kulick, Steven P" <SKulick@southmiamifl.gov>
Date: Wed, 7 Oct 2015 20:36:57 +0000
Cc: Korth, Jennifer<JKorth@southmiamifl.gov>; Pough, Quentin<QPough@southmiamifl.gov>; Webster,
John<JWebster@southmiamifl.gov>; Menendez, Maria M.<MMenendez@southmiamifl.gov>
Subject: ITQ #PR2015-26
Re: Catering Weekend Meals for Seniors
The City has been informed by Miami-Dade County that the grant funding for this program will be cut
consisting of a reduced amount of $13,800 through June 30, 2016. The City is currently researching
other funding alternatives that would support the program through FY 2016 to September 30,
2016. While it is the City's intention to provide and fund the program through the end of the FY, those
funds have not been identified at this time.
To ensure the City will be able to provide the Senior Meal Program, please advise via return email, if
the prices previously submitted in your response to the ITO will remain the same. If not, please
submit revised pricing as follows:
1. Year 1; October 1, 2015 -June 30,
2016: $_13,700.00 __
2.
3.
4.
5.
Option Year 1:
Option Year 2:
Option Year 3:
Option Year 4:
$_13,800.00.-=-=-_
$ __ 13,900.00 __
$_13,900.00-=--_
$ __ 13,900.00 __
3
Kulick, Steven P
From:
Sent:
Orlando Monteagudo <omonteagudo@ilshealth.com>
Wednesday, October 07, 20155:30 PM
To: Kulick, Steven P
Subject: RE: ITO #PR2015-26
Steve,
Thank you for the correspondence. Respectfully, the prices previously submitted in our response to the ITO will remain
the same.
Thanks,
Orlando Monteagudo
Vice President -Food Service
The ILS Group, LLC d/b/a Classic Caterers
5200 Blue Lagoon Drive, Suite 500
Miami, FL 33126
Tel. 305-262-1292 Ext. 6486
Cell 786-261-6191
Fax 786-513-8582
Email omonteagudo@ilshealth.com
Website http:Uilshealthservices.com/
From: Kulick, Steven P [mailto:SKulick@southmiamifl.gov]
Sent: Wednesday, October 07, 2015 4:37 PM
Cc: Korth, Jennifer; Pough, Quentin; Webster, John; Menendez, Maria M.
Subject: ITQ #PR201S-26
Importance: High
Re: Catering Weekend Meals for Seniors
The City has been informed by Miami-Dade County that the grant funding for this program will be cut
conSisting of a reduced amount of $13,800 through June 30, 2016. The City is currently researching other
funding alternatives that would support the program through FY 2016 to September 30, 2016. While it is the
City's intention to provide and fund the program through the end of the FY, those funds have not been
identified at this time.
To ensure the City will be able to provide the Senior Meal Program, please advise via return email, if the prices
previously submitted in your response to the ITQ will remain the same. If not, please submit revised pricing as
follows:
1. Year 1; October 1, 2015 -June 30,
2016: $, __ _
2. Option Year 1:
3. Option Year 2:
4. Option Year 3:
5. Option Year 4:
$_--
$_-
$,---
$._--
1
Member Name
Bid Number
Bid Name
5 Document(s) found for this bid
29 Vendors Notified; 4 Planholder(s) found.
Supplier Name
Barry Sims Inc.
Environmental Consulting & Technology,
Inc.
Keith Roberts Enterprises, Inc.
Link Systems LLC
City of South Miami
ITQ-ITQ PR2015-26-0-
2015/SK
Catering Weekend Meals for
Seniors
Address 1
3500 Darlington Street
3701 N.W. 98th Street
P.O. Box 9073
5870 Hummingbird Court
City State Zip Phone Attributes
Almond WI 54904 7156120002
Gainesville Fl 32606-5004 3522483323
Coral Springs FL 33075 9548540688
Titusville Fl 32780 4074010031 1. Small Business
91912015
Detail by Entity Name
Florida Profit Corporation
MONTOYA HOLDINGS, INC.
Filing Information
Document Number
FEIIEIN Number
Date Filed
State
Status
P04000038810
20-0878939
02127/2004
FL
ACTIVE
Detail by Entily Name
Last Event REINSTATEMENT
Event Date Flied 10/23/2013
Principal Address
2374 SW 125 AVE
MIRAMAR, FL 33027
Mailing Address
2374 SW 125 AVE
MIRAMAR, FL 33027
Registered Agent Name & Address
MONTOYA, CARLOS
2374 S W 125 AVE
MIRAMAR, FL 33027
Name Changed: 03/14/2005
Address Changed: 03/14/2005
Officer/Director Detail
Name & Address
Title VPTS
MONTOYA, CARLOS
2374 SW 125 AVE
MIRAMAR, FL 33027
Annual Reports
Report Year Filed Date
hltpJ/search.sunbiz.orgll~lry/Cr:xrxxationSesrch./Sea'chResultDelaI11inquirytype=En1ilyName&directionType=lnltial&searchNameOrder=MONTOYAHOW... 112
91912015
2013
2014
2015
Document Images
10/23/2013
05/19/2014
04/2612015
Detail by Entity N .... a
04126/2015 --ANNUAL REPORT I View Image In PDF format
05/19/2014 --ANNUAL REPORT .. VleYi Ima~e in PDF fo lTl1at
04/30/2012 --ANNUAL REPORT Vi~im~ein PDF f0'11181 ..
09/28/2011 --REINSTATEMENT ... ':!~~.if!1~!le.in.Po.F ~o.l111a!
10/0912010 --REINSTATEMENT V!!I'N.i!!l~l!~!~I>[)~fo.l111.a.t.
10/17/2009 --REINSTATEMENT View image in PDF format .. '-_._'--.. --'--"-' ." ........ .
03/12/2008 --ANNUAL REPORT Viewima_~e In PDF format
04/16/2007 --ANNUAL REPORT .... _Vie~ im~!l: in Pt?F format
02/2012006 --ANNUAL REPORT ....... ~i::N..i~~~..El.i~.!"_t?!..!or:rn~~ ..
03/14/2005 --ANNUAL REPORT __ ...... Y~EI\Y_ilTl~_~_il1!"_[)~.f.ot:t!1.i!I .
02127!2004 --Domestic Profit
hIIp:/lsearch.sunlJiz.or9'll1(JJirylCorporationSearchiSearchResullDet.II?lnquirytype=EntiIyName&directionType=lnltlalllsearchNameOrder=MONTOYAHOlD... 212
2015 FLORIDA PROFIT CORPORATION ANNUAL REPORT
DOCUMENT# P04000038810
Entity Name: MONTOYA HOLDINGS, INC.
Current Principal Place of Business:
2374 SW 125 AVE
MIRAMAR, FL 33027
Current Mailing Address:
2374SW125AVE
MIRAMAR, FL 33027
FEI Number: 20-0878939
Nama and Address of Current Registered Agent:
MONTOYA, CARLOS
2374 S W 125 AVE
MIRAMAR, FL 33027 US
FILED
Apr 26, 2015
Secretary of State
CC6539077095
Certificate of Status Desired: No
The above named entity submits this statement for the purpose of changing its registered office or rsgIsIerad agent, or both, In the Slate of FltJlids.
SIGNATURE:
~E~~~=n~~~S=ig=M=ru=r-.-O~IR~.=g~i.~re-r~~I\g-.-n7t----------------------------------------·D'-ere~---
OfflcerlDlrector Detail :
TiUe
Name
Address
VPTS
MONTOYA, CARLOS
2374 SW 125 AVE
Clly-Slare-Zlp: MIRAMAR FL 33027
I horeby certify that the InformatJon IndfCll.tMl on IhIs report 01' supplemental repott laltlRl IJIId ar:curate and lhat my etecltonlc sIgnafum shall hava Ihl1 lllJll'llJ IefIB/ effed as If made under
oa1h: that lam en officer or dItectorofthe CCl!p0(8t1an or the rer;eiver or trustee empowered to execute this report 0 requIred by Chepfer 607, Florld" Statutes; IJIId filet my name II{JpefNs
.bove. or on 1M .ttschmenl wtIh all oIIIM 1Ik& empowered.
SIGNATURE: CARLOS MONTOYA PRESIDENT 0412612015
Electronic Signature of Signing OfficerlDirector Detail Date