2(i~
South ~Miami CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER·OFFICE MEMORANDUM
THE CITY OF PLEASANT LIVING
To:
FROM:
Via:
DATE:
SUBJECT:
BACKGROUND:
VENDORS &
BID AMOUNT:
EXPENSE:
ACCOUNT:
ATTACHMENTS:
The Honorable Mayor & Members of the City Commission
Steven Alexander, City Manager
February 16, 2016 Agenda Item NO.:~ Quentin Pough, Director of Parks & Recreation
A Resolution authorizing the City Manager to enter into a contract with
Firepower Displays Unlimited, LLC for the City's 2016 Fourth of July fireworks
display for an amount not to exceed $10,000.
The City of South Miami sponsors a July 4th celebration each year at Palmer Park
for its citizens which include fireworks display by a qualified firm.
The City issued an Invitation to Quote ("ITQ") for 2016 Fireworks Display on
Wednesday, January 6, 2016. One (1) submittal was received; Firepower
Displays was the lowest bidder and is in compliance with the terms of the ITQ.
Please find below a breakdown of all submitted proposals.
VENDORS AMOUNT
FIREPOWER DISPLAYS UNLIMITED, LLC $10,000
Not to exceed $10,000
The total expenditure shall be charged to Promotional Events/Special Events,
account number 001-2000-572-4820, which has a balance of $14,162, before
this request was made.
Resolution
Bid Opening Report
Fireworks Display Unlimited, LLC Contract
Demand Star Results
Solicitation Notification
Sun Biz Confirmation
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RESOLUTION NO.: ________ _
A Resolution authorizing the City Manager to enter into a contract with Firepower
Displays Unlimited, LLC for the City's 2016 Fourth of July fireworks display for an
amount not to exceed $10,000.
WHEREAS, the City of South Miami sponsors a July 4th celebration each year at Palmer
Park for its citizens which include fireworks display by a qualified firm; and
WHEREAS, the City issued an Invitation to Quote ("ITQ") for 2016 Fireworki Display on
Wednesday, January 6, 2016; and
WHEREAS, one (1) submittal was received; Firepower Displays was the lowest bidder
and is in compliance with the terms of the ITQ.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. the City Manager is authorized to enter into a contract with Firepower
Display Unlimited, LLC for the City's 2016 Fourth of July fireworks display for an amount not to
exceed $10,000.
Section 2 If any section, clause, sentence, or phrase of this resolution is 30 for any
reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 31 shall
not affect the validity of the remaining portions of this resolution
Section 3. Effective Date. This resolution shall become effective immediately upon
adoption by vote of the City Commission.
PASSED AND ENACTED this __ day of ____ --', 2016.
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:
RESOLUTION NO.: ________ _
A Resolution authorizing the City Manager to enter into a contract with Firepower
Displays Unlimited, LLC for the City's 2016 Fourth of July fireworks display for an
amount not to exceed $10,000.
WHEREAS, the City of South Miami sponsors a July 4th celebration each year at Palmer
Park for its citizens which include fireworks display by a qualified firm; and
WHEREAS, the City issued an Invitation to Quote ("ITQ") for 2016 Fireworks Display on
Wednesday, January 6, 2016; and
WHEREAS, one (1) submittal was received; Firepower Displays was the lowest bidder
and is in compliance with the terms of the ITQ.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. the City Manager is authorized to enter into a contract with Firepower
Display Unlimited, LLC for the City's 2016 Fourth of July fireworks display for an amount not to
exceed $10,000.
Section 2 If any section, clause, sentence, or phrase of this resolution is 30 for any
reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 31 shall
not affect the validity of the remaining portions of this resolution
Section 3. Effective Date. This resolution shall become effective immediately upon
adoption by vote of the City Commission.
PASSED AND ENACTED this __ day of ____ -', 2016.
ATIEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATIORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh:
BID OPENINGRE
1. Firlll1ower,Displays ..... " .,"". ,,, ......... ," ", ...•.......... " .•.. , .. 1.,
,I",
'l'lIE~BOVJt BIns HAVE.NOtBEJtJ'i Q):lEC~.Q;
THE BlDSARESUnJECT TO cOlmEC'l'ION ~FtER THE .nIDSHAVE BElL\"! COMPLETELY REVIEWED.
Qp •.. G.~ . ·ig at..··· . •..... .
SU.!lMI.TT~I\TO: ~Ityq!.,~
tlTYOF 50IlTHMIAMI
INVITATION TOQUOTE
!Tq #Pil2lIl.&.01
LUMP SUM PROPOSAL
PROIEtTI
I'Ii\M~1 !~~~~~~~~~~~~~~~~ ADIlR.ESS: AODRES5l ,..-________ ~-(ITY/SlATE,
CIi'Yf$TATEi -'-__________ ISSUE DATE:
PIIONE: ;;;:_~==:Jj§~§~==: ~MAIL; MANDATOR" ,. DUE.OATE:
QUoye SUBMISSIONR~gUIREME~TSl
Clty.f South Miami FlroYiorks'DI.pl.y
Q\;I9te~~submltte:d aft.r 10 AM-ortth.i'l due:date'wlli not be at(:~ptetl untes.s otherwise sJ)'eeJfiE;!d::ln 'the':qllotifdocumlu'lt
ofa-tfmt:chaIl8e. AWquoteswotbe submitted to the CltY-Cretks:Offli:e.lri a s~aled ei1velo-pe',~, Thl!!l,pbel:onJhe C'n-the
en'velap;;tneeds tfHead -as 'f9U6w5!\
CltvoISO~l~ MI'I\11
M.riaM •. M ... ~a ... CMC
~~90,S~"('tDr"'"
South Miami, F,1o 33141
ProJljet' Name: 'CitY-of South MlamfFlieworks-nisplay
MtJsrlnput p~~J.e~ ri~tne:drJ.a')l~j ~pe_5'rrot h~ve a-II Inff?rmatjQfI a~Qve your,qlJote:wlU not. be accepted.
INS~RANCE REgUIREMENTS, I!!xhlblt11
fhe,OrviS lits'ira:n~e:requrrem.e~U,'3,re:attactred'lEXhlbln). ,As' a cOlidltlon: of 'amid,' the: aWiJrded ve,n90r' rnust,proYide '~,
certtfleate oHn$ur~nCe,l:t~mlna:,the'~ttY,a$,a~~ftronal Jrm~re(i~
AFFlliAVITUellUiREI) WITHSUBMlrtAL,le.hiliii21
Relpondenf' must compl~tt! an';sobmltWlt~yo~, qoOI~"lfjd~yIU plO~lded In EI!~lli!t2,
cDI'iTIiJ(ctHEHhibtt3J
As 'jj ~ohalt{O!) pfAWa.rd~,R,,!:l¥pq'lt:Jen_ts'h)'o$): sign t.hi;! att~ched (~JChltil~',~l and ,$\i~mtt with your quo,te.
qUESTIONS;
AQY' Requ~sti'for adjjl,uonattnfoi'matlorl'or questions il'u.(st'be_li'-Wrltl~g, e:m'ane,d:b~i 10 AM locil irme on J.~l,Iarv 2!i,:2fn6.tothe
attentton' Ot-M r. Steven kulr~., I'UJchlill$,I", J\II~naaei' at:-$(u,iUck@southmlamlft .• go\(.
SCOPE OF,SERVlCESDES'Cr!IPfION rrO BE COMPLETED BY CITY!:
S"gnatu~:.
E~mall:
Flrm,Name:
Add,...;
WE_tK.CUTlO,N,OF,THIS foRM OON_$nT1JTE$'Ttie-UNEQ.ill~OCA~ O~fER _OF pltQpOSEltlO B!lOJ,JND,BY T1tt1tJtMS 01' tT£PROroSAL. Jli~OItE'T9'~!~N iHI$-S()UCtTA'r10N'"WtiI~'INOI(Ai£o'-ABOVE BV AN
AU-mORlnO Ri'RESENfA'i1VESfiAU.ItEf.IDER'.He,pA,'()POs~k,~qMt£$'-ON$,IV.', -"fiE tlTv. MAY; ,tIOWEV.It-Ui,ITS_,SQU-QIS~ON"Cf:p:! :N'f{:PIlOP,OSAL,.T\f~T !((CUI_DU'AN ~ECUtEO DO,~M.ENT-WHICH
~N,E':WIVOO\llY BltfOU'"E PRQPOS~IUO 1M. tERM$_~n'$'OFFEIt tHE-tITV$:,REQ,\lESHOR:QUOtU IUO!\T\fUOwE5T AND'M~'I1 ~E$!'ONSIV.,P8ICE;m:IE atV,R,~ER\tES-,niE R,tG~llOAWA~ 1'tIE,I'A,OJ.cno
JHE ,FIRM ~$IDER£D:mE 'ESTlO SP\\lE,'rH~ ClTY'$I.NTERro ~
RESPONDENT A«EPTs-ALL O'THE-TfRM5;A~D:CON~rtlt)~,SO~'TttE,~OU~TAflO_N A~D ~~PT'E-~U~_~!$'t!19N f\,5QUIREMEP~J$, Tt{IS1ROP05AI;'WI~t"'I!MAIN 5~~£qTQ Atg;flT~(E roll 11O_(AlENOAIU)AYS AFTER
TH~ PROPQSAL.OPEnING. TI:InDPONDEtrr~ B'(SIGNING ANDSUElMlmNG mls PROPOSAl-< AG~ 1O~\L, THE'TEIlP!!~ Af.!!l'(ONDlnpra, OP ll:IE FO:ftM eo~AACT:r~Tl~_A PAAr,Q): lllE~,C!UC!~AT!ON PAmGll
WITH APPROP.lATE QfANfJU _TO ~ONfO,RM TQ-TtlEJNF(!RfM,Tlllff,CQN,'rA1NEP IN, THIS INVITATION'TO o.UOl1!~
I. Scope:
Scope of Services
Invitation to Quote: (ITQ #PR20 16-0 I)
City of South Miami Fireworks Display for July 4, 2016
Show time: After Dusk; Approx. 9: I 5 PM
"Lump Sum Quote"
The City of South Miami is seeking quotations from experienced and capable parties to develop
a custom fireworks display for a period of 15 minutes on July 4, 2016, at the City of South
Miami's Palmer Park. Respondent shall furnish all materials and equipment necessary to secure
the completion of the work. The work includes the delivery, set-up and disposal of fireworks
and all related materials and equipment and, obtaining all permits related to fireworks and
reflected in the Respondents "Lump Sum" quote.
Note: The Respondent sholl have access to the site location for set-up ond shall work
with the City's Parks & Recreation Deportment and Speda' Events Coordinator to
ensure all necessary access is provided to meet the approximate show time and date.
2. Permits and Safety:
Respondent shall be responsible to secure all permits and conform to all municipal regulations
relating to fireworks displays. Respondent shall be responsible for obtaining permitting through
Miami Dade County Fire Department for the Fireworks Display and, coordinating a final walk-
through. The Respondent shall verify and assume responsibility that the firing area provided by
the City conforms to N FPA Code 1123-1995, which states that there must be at least 70 feet
per inch of shell diameter between firing site and any spectators, cars or buildings. The display
program requires a safety zone that has a radius of 350 feet, if 5" shells are to be used.
The City of South Miami shall provide police and adequate parking supervision at the designated
locations and shall ensure the "Safety Zone" as marked and secured by th e Respondent, and
is patrolled until the Respondent advises City personnel that the "Safety Zone" is no longer
needed.
3. Site Location:
The Fireworks Display shall be held at the City of South Miami's Palmer Park located at 6100
SW 67 Avenue, South Miami, FL 33143.
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4. Rajn Date:
In the event of inclement weather and the display must be cancelled on July 4. 20 I 5; a Rain
Date of July 5. 20 IS has been established; all prices. terms and conditions shall apply.
5. Minimum Shell Count:
Shell Count: The Respondent shall. at a minimum. provide a display that includes the
following estimated shell count:
OPENING BODY FINALE TOTAL SHELLS
2.5 Shells 72 72 144
3" Shells 120 300 420
4" Shells 18 198 72 288
5" Shells None None None None
CAKES 600 Shots 1200 Shots 1800 Shots
6. Fireworks Effects:
The display shall include. but not be limited to. the following fireworks effects:
• ASSORTED MINES. ASSORTED COLOR. PEONIES &
CHRYSANTHEMUMS -bursts resembling a round and weeping flower pattern.
• WHISTLES -a break of color. followed by whistles.
• SCREAMING DRAGONS -a break of bright magnesium colors followed by loud
screaming whistle.
• GOLD FLITTER. SILVER OR GILTER CROSSETTES -exploding comets
crackling into crisscrossing effects.
• FANCY STAR SHELLS -Assorted brilliant colors in various patterns.
• SPIDERWEBS -long hanging fine webs of gold or silver.
• TOURBILLIONS -titanium silver spinning effects.
• RINGSHELLS -assorted ring patterns of different colors of one. two. three or five
different colors.
• GOLDEN. SILVER. GLITTERING OR CRACKLING PALM TREES -a palm
tree image With trunk-like different forms.
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o ASSORTED TWO and THREE COLOR CHANGING CHRYSANTHEMUMS
& & PEONIES -two or three distinct color changes that resemble a round and
weeping flower pattern.
o STROBES -a variety of bright twinkling shells.
o ASSORETED COLOR BROCADES -a dense golden. silver or assorted color
effect ending at the tips with an umbrella-like canopy cascading and falling low.
o MULTI-BREAK SALUTE SHELLS -a variety of salute effects that incorporate
multiple powerful reports into the display.
o ASSORTED COMETS. bright luminous thick tail with comet-like appearance with
various colors.
o ASSORTED TIGERTAILS. similar to comets.
o ASSORTED MINES. projects various types of effect and colored stars that are
launched and ignited at a low altitude.
o TITANIUM SALUTES -these shells explode into a burst of brilliant white lights and
booming reports.
o ASSORTED COLOR & CRACKLING EFFECTS -assorted color peonies and
chrysanthemums with crackling effects.
o WILLOWS -very fine lines with an umbrella like effect cascading slowly.
Additional (/reworks may be acceptable upon review and approval by the City's Projea Manager for this
event:
The City reserves the right to award the Project to the Respondent with the lowest. most
responsive, responsible Proposal. as determined by the City. subject to the right of the City, or
the City Commission. to reject any and all proposals, and the right of the City to waive any
irregularity in the Proposals or ITQ procedure and subject also to the right of the City to
award the Project, and execute a contract with a Respondent or Respondents. other than to
the one who provided the lowest Proposal Price.
4
1.01
A.
Insurance
EXHIBIT I
City of South Miami Fireworks Display
ITQ PR20 16·0 I
Insurance & Indemnification Requirements
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 sale and absolute discretion. The
FIRM shall purchase insurance from and shan 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 olrectly 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 liabiHty 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 contractuai liability Insurance applicable to the FIRM's obligations under the Contract.
1.02 Firm's Insurance Generally The FIRM shall provide and maintain In force and effect until all the Work to
be performed under this Contract has been completed and accepted by CITY (or for such duration as Is otherwise
specified hereinafter), the Insurance coverage written on Florida approved forms and as set forth below.
1.03 Workers' Compensatjon 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 ail 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-maint,,!-!n approprIate
levels of Worke~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
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the Comprehensive General Liability policy. without restrictive endorsements, as filed by the Insurance Services
Office, and must include:
(a) Premises and Operation
(b) Independent Contractors
(c) Products andlor Completed Operations Hazard
(d) Explosion. Collapse and Underground Hazard Coverage
(e) Broad Form Property Damage
(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 Liability with minimum limits of One Million Dollars ($1.000.000.00) plus an
additiOnal One Million Dollar ($1.000.000.00) umbrella per occurrence combined single limit for Bodily Injury
Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than
the latest edition of the Business Automobile Liability policy. without restrictive endorsements. as filed by with the
state of Florida. and must include:
(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 n 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 madlinery 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
tne CITY and the CONTRACTOR. as their interest may appear. and snail also cover the interests of all
Subcontractors performing Work.
B. All of the provisions set forth In Section 5.4 herein below snail apply to this coverage unless it would be
clearly not applJcable.
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 tne FIRM shall procure a Bond. in a
form satisfactory to the CITY covering the same.
C. The policies shall contain waiver of subrogation against CITY where applicable. snail 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 polJcles
shall contain a '~severability of interest" or IIcross 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
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shall be rated A.VII or better per AM. Best's Key Rating Guide. latest edition and authorized to issue
insurance in the State of Florida. All insurance policies must be written on forms approved by the State
of Florida and they must remain in full force and effect for the duration of the contract period with the
CITY. The FIRM may be required by the CITY. at Its sole discretion, to provide a "certified copy" of the
Policy (as defined In Article I of this document) which shall Include the declaration page and all required
endorsements. In 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
Itability 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 Florid. 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 FI RM 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 inSllrance 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
ar'lSe during the work or event that Is occurring on the CITY's property due to the negtlgence 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, successors and assigns, by reason of any causes of actions or claim of any
kind or nature. Including claims for injury to, or death of any person or persons and for the loss or damage to any
property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful
conduct of the 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 shan pay all claims, losses and expenses of any kind or nature whatsoever, in
connection thereWith. including the expense or loss of the CtTY and/or Its affected officers, affiliates, employees.
successors and assigns, including their attorney's fees, in the defense of any action in law or equity brought against
them and arising from the negligent error, omission, or act of the Contractor, its Sub-Contractor or any of their
7
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 sale 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 contract.
8
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:
• Non-Collusion Affidavit
• Public Entity Crimes and Conflicts of Interest
• Drug Free Workplace
• Acknowledgement of Conformance with OSHA Standards
• Federal and State Vendor Listing
• Related Party Transaction Verification Form
• Presentation Team Declaration/Affidavit of Representation
• Signed Contract Document (AII-including General Conditions and
Supplementary Conditions if attached. EXHIBIT 3
NON COLLUSION AFFIDAVIT
STATE OF FtORI.oA )
)
) COUNTY OFMIAMI·DADE
---~6J'1 ...... 1Yl(}--7 .. -t·-... frVl-l-·!...· ·-"-'O-'-'S"' .. ______ being first duly sworn, deposes andstatesth~t;
HeiSneIThey Islarilthe --=_O.;;;. .... \NC"'-'V\...;,·.·.(k"'. '.",' L...:-...,.",.."..--;,..-,..----------
(OWner; Pa~~n¢r.0fflc:e~. l\.epres!!o\i!tiYe ()r ~e6t) Qf'
(IJ
(2)
(3)
(~)
(5)
-=:t=:J.\':TY...::e:;:;. 'f-P...:O~IAI~. ;:-. -Er=:, c.... _D"-'.\-t s""p~l"'",' ",:-4:3' .' ~$.=' '--_ the ll.esPQndelit tha.t has s~bmlttl1<! the
attachedP'rqposal; t7
HelSheIThey Islare fUlly infcirmed concerning the preparation and content. of the attached Proposal
ari~ ofallpeftinent cll'cum~tt!r\Ces cOrig,rnlngsuch Proposal:
Such Proposai'lsgenulne,an'dis not a.colluslve or shartlPrPPOS,1;
Neither the said Respondent nOr any of Its .officers,· partners, owners. agent.. representatives.
employees' or parties In fnterest, Intludlng this. affiant, have I,D any way' colluded,c<lltspired, tOlll1lv,Eid
or agreed, directly orlndirect;ly. with. any other REispondeht,flrM. orpijrsop·tO su~mi~ acol/usiVe or
sh~mP(oposal in connectionwlthth .. Work for which the attached, Prop.osal has been submitted: or
to, refrain fro", lIid<ling qr prClPQslng In connection with such Work; or have In lnymanner. <llrecdy
orlndit~"tly; sought. by agreement 0.' collusion. or communication •. or conference with any
l1.e!pqndent,flrm, or pei'sontc) fl>t anr .jl.,..,fhead. pront, .orcost elements of thaProposal or of any
lither!i~spqndeo; a. to fiX .anyQv~fhead,pl'()ftt, oropstelements of the Pr,oposal Price. pr the
Proposal Price of any other Respondent, or to secure throvgh anY' collusiRn. conspiracy, coonlvanee •.
or unlawful. agr.eement.anyadvantagij >l8alnst (Reciplent) •. <lr any perSon interested In 1M prot>osEid
Work;
The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any
colluslon. C:Onspitllcy. cpnnlvance •. Qr unlawful agreement on the part of the Resj10ndent oranyothet
.pf ItS agent .. tepre~eJ)tatlves. owners, employees or pardesof Inter.es~ includin.ll this. affiant
~--,
Signed. sealed and' delivered hI the preseMe of:
'~i4. t _. . , .
Da
ACKNQWlErYGEM~NT
STATE OF FLORIDA )
COUNTY OF MIAMI.DADEl
.On this tile ZI,s'tdaYOfJ anUq~, 20 \ l.g, before me. the urtdersignedNotarYl'ublic oftheState
of.Florl.d. a, ~ersonally a pe .. are .. d (Na .eCs)o'.ln ~ld\Jal($) W.ho,pp'ar~cj,.1 Ile.fsr;e.·(J~ f4)t:,.' .. lJ5'.it;l ..
notarY) . '. N~I\'8"lllosenam!!(iI[iS7are Subscr,bedtOthe
within ihstrumen ndhelsheltheracknowledgethat helshelthe . executed It. '
Thllimil,$.F. Pl!!pe
02,2~;J 5 15
WITNESSrtiy b~nd ~.nd off!c:ialseal,
NOTARY PUBLIC:
SEAL OF OFFICE:
111om., F. Pepe
02·23-15 ,~
~ (?ftJ1a1r;t
,{N .13:0,1 No ~nt. Stamp or type.as commlsslone4.},
L. Personally known tdri(e. or
Personal.ldentlffcatlon:
Type oflde"tlfl~ati."n Procluced
Js.... tjidtake ~n oat~ •. or
Did Nottake an oath ..
PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST
~u~~a~tt", the provisions of Paragraph (2) (~l of Section 287.1 jj, Florida S1;lIte Statute. -"A personar affiliate
wl1o. ha .• b~n placed,9n the c9nVicted vendor Irst following a conviction (or a public entity crime may not. Submit a
ProPQsal Qrbld on a Cont.raCt· to. proVide any gQods or services to., poollC entity, may not submit " Sid or
proposal fot a Contract with a pUf>II¢entlty for the construction offepair of a public building or publitwork, may
nonubmlc bids Or pro~osals QN lea$e$or real prop.erty toa publiC entity;. may' n.ot be awariled to perform Work
as.a RESPONDENT, Sub-contractor, supplier, Silb-c!msultant, or Consultant under a C"nttact. with any public
enlity, and may not. transact business. with any pUblic entity In excesso! the threshold a:mount Category Two of
.Sectlon 287.017. Florida Statute •• for thirty six. (36) months from the date of being plac~don th~(\lnvlt~~d v~ndQt
list".
The award 01 ~nY~ntract h~!'l'underis ,~bJec~ tQ~he, provision. of ,Chapter 112, Florfda State Statutes.
Respondents mustdlsclo.~ wil~ their PrQPo~als,the.nal)le.pf any "ffi¢er; director. par1;ner, associate or agent who
lufsoan offlcer or employee 01 the City of South Miami or Itsagende$.
SWORN STATEMENT PURSUANT to SECTION 281.133 (3) Cal,
FLORIDA STATUTES. ON PUBLIC EJ)JTITYCRIMES
THIS FORM MUST BE. SIGNED AND SWORN TO IN THE PR,ESENCE OF A NOTAR'!' PUBl[C OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
ThisswOj:!! stlltement Issubmi~dto. ... . ..'
l...l:04 of .$OU-\-t'"\ UQ. N"I \ .
I.
2. I understand that a "publicenttty crime"as deflned in Paragraph 281.(33 (1)(g),Flqtjd. Sl;iittltlft
means ,,·vlolatlon 'If aliy state or federal Jaw by a person with respect to and directly related to the
tranSac,tion of bu,ine .. 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 orcontrlC! for goods or services
to be: proVld¢d to ariY' public entity or .n .gen<l)l or polidcal .suhclivislon .<11' any ather state orcl the
Unl\edStlltes: and invoIVingarititr~~t, fraud, th~f\.Mbe.y, c(:iIIuslon. racketeering. conspiracy. or material
mlsrep'resentation.
1. I understand that "conviCted"or "conviction" as defln~d.in Paragraph '1.87.133 (I) (bY •. EIs2d!Ii.
~,means a «hdingo! ~ullt or a conviction of a publicentl\)' <time. wltlj or without an 'tc!l.dieatlcn
oiguiltln any federal or s.tate.trlal court of record relating to charge. br'oug~t by l"dlC!ll'leht or
IIi!9rm.ation afj:er July I. 1989, as a result 01 a jury verdict, non-jury trial, or entry of • pie. alguilty or
nolo contendere.
4. I unders!;!nd thatan "affiliate" 0$ defined iI\ Paragraph 287,13'3 (I) (aj. Florida Statutes, means:
(a) A pr~decessor or successor ofa person convicted ot.. public entity crime: or
(b) An entity under the control of any natural person Who Is active in the management of the enti\)'
and who has bee.rt convicte4oh pl)bllc et)tity crime. The term ".ffillat!l'· irn:ludesth.ose officer ••
director.! executives; partners. shanlholders,emplbyees. members. and agents Who are active in
Thom.s f. fepe
02-21-1$ 17
tiJ~. ma~.~ement ohnaffilJate. The ownership by qne person III share~ cons~tuting aoontrolling
Interest In any ~rsQn, or.~ po.qling qf ¢q~lpl11entor inc"me among p.ersons when nQt f9r faJr
market value under an arm's length ~rllemeht. shall De·a. prima m¢ie case that one person
controls another person. A person who knoWingly enters Into a JOinc venture With It person
who has. been convicted. of a public entity crime in florida during the precedlng.36 months shall
be considered an affiliate.
S. I understand that a "perso""" defin.ed IiI ParagraPh 2e7.133 (I)",), FJoridaStatutes. ineans any
natural p"rson or entity organized under thela~ of any s!.ate or Of thll United States with th" Jegal
power to .enter Into',a. binding contract and which bids or proposal or applies tq bid or proposal on
contracts for. the provision of goods or services let by a. publicontlty, or Which otherwise transa~ts or
appll~s to transact business with a public entity. The term "person" includes those officers, directors,
eXecutlveS,partner's, shareholders, 'employees, members, and agents. who are actlve.ln management of an
entity. ..
6. Based on I'nformatlon and belief, the statement Which I ~ave marked below Is true In relation to the
entity submitting this. sworn statement. [Indicate whlchstateinent applies.]
__ Neither the eniity submlttlng tbissworn .statement, nor any of Its officers, directors, executives.
partMrs •.. sharehold~rs .• einplilYees, members, or agents. who. aro active in tne management of thaentlty,
nor any affilia,te; of the <\ntlty has been cbarged with and convl~d of •. ,publiconlity crline. subsequent to
july I, 1989.
_. __ The entity submitting this sWorn statement, Or one or: more of Its officers, qirectors, execu!;i¥e.~,
partners, sharebplders, employees, members,. or agents who, are active In the management of theentitYi
or .an affiliate ,,(the entity has been Charged with and convictedo! a public entity crime subsequent' to july
1,1989,
_ T.he enilty sUl:lmlttlng thl~ s.worn. stateinenl; qr ~ne·or mor~ of Its. qfficers, director" exe.cu~ves,
partners, shareholders, employees, m~mb¢r!"or Me.n~ whQare actiVe in the managem¢nt of th\> enlity,
or an affiliate of the entity has been charged with and'conylcted of a public entity crime subsequent of july
1,.1989. However, there has been a subsequent proteeding before. Hearing Officer of the State<>f
florida, DlvlsioHor Admlnistratfv.e Hearings and the Final Order entered by the Heari~g Officer
determined that It waS OPt In the ~blJc Interest to. place: the entity submitting, this sworn statement on
the cpnv'icted vendor Jist. [at:ta~h a·c<:>Py9f the final ord~t.)
rUt<iDE~TANt) THAT THE SUBMISSION OF THIS. FORM 1'0 THE Ci:ONTAACTiNG OFFICER FOR THE PUBLICENTIT'f
Ii'JDENTlflliQ 1i'J PAJ!.A(;R,APH.J (ONE) ABOYE, IS FOR TH.AT M~IC ENTI'T¥ ONLY,I\NQTH. . .... M IS VALID
'THROUGH.DEC'EMBER 31 OF THECALEND',!,R YEAR IN WHICH IT ISflLED. I Al .DERS'tAN HAT I AM
REqUI~EO TO ,INFQRMTHE PU~LIC ENTITY. PRIOR TO ENTE"'IJ'lGINTO A NTi>,ACT IN . '. ESS O.F THE
THRESHOLD AMOUNT PROVIDED 'IN SECTION 287,Q!7. FL Ii . Sf . , FOR CATEGO TWO OF ANY
CHANGE IN THEINFOp,MI\TloN CONTAINED IN THIS FORM.
~
Sworn to and sUbs.crihed before me this ';2.1 day of -'>oIJ'4W~ILi!~-"'3-___ ,,20 J,y
P,ersonallyknown \L '~fiDl1 ~
Ni:!ta,,>: f>u~lic~ Stateof.£loh d. CII. OR. Prpduced identificafion _~ _____ _
(Type of ideiltific;atiort)
Form PUR 7068 (RevJj6111192)
Th,Qmas F. Pepl!
0%'23.15 18
, My cPlIImlsslonexpires, Jq 0 ;).~, Z; 0 II
(Printed, ty~edorstainped commisslon.ed .
name of hotarypublic}
DRUG FREE WORKPU\CE
Wheneyer two 0)' more Bid~ or Pr(jp6s~ls w~l~ha.re eq~~I. ,,(1)1l<re,pec~,~o p~l~e, q~~!I,ty arip service .rl}re~eived
by the State .. or by any pcll1t1cal~ubdlvlslons' for thl> procurement Q(~.omI"ijOd't.les or contract~al ~!!rvlces. a Bid or
Proposal received from· a business that certifies that It hulmplemented a drug-free workplace program shall be
given preference in the award process, Established procedure. for processing tie Sids or Proposals shall be
followed If none of theiied vendors have a drug,fi-eeworkplace program, In ordeno have a drug-free workplace
program •• busln.e •• shaU: .
I) Publish. $tatl>ment notifying employees that the unlaw!ui manufaeWr •• distribution •. dispensing,
possession.,or.u •• of'a controlled substanteitprohlblted In the workplace and speCifying the
actions that shall be taken against employees for violation. of suchprohillition.
2) Inform emplo~~el .• boutth~.dan~e.s Iilf dr~g,abuse In .the workpla~~i the business' policy of
m.lntainlng •• drug-fr.e·workplace.iany avalla:bledrug.counseUng, rehabllia,tlon.aod emplQ.yee
assis\l!nce programs, ~d the penaltieuhat may be impQsep, upon emploYees for !lr~g ab.uSe
vlal.ticlns,
3) Give each employee engaged In proYl(jlng t~ooml"ijoditie. or c9ntra~t~al services that are und~r
Bid<a copy olthe statement specified in Subsection (I),
4) In the statement specified In Sub,ectlon.(I). notify the employees, that,.asa condition of working
.ofthecommodities or contractual service. that are under Bid, heemploYee,hall.blde by the
termsof the State~~litand shal.l. notify the employee ofanyconvktlon of,atple'of guilty or
nolo cQntendere to. a~Y vl\'#t1on atCh"pter 893 or of any controllM suQ .• tancillaw of the. United
State. or OIly 'l!'te. fot a. vlola\lon occurringin the workpl.,e no later.than live (5). busin~~'d~ys
afte ... tuthconvlctlon;
5) Impose a sanciion on, or reqol~e.the s~tisractory participation Ina drug abuse assistance or
rehablll.tation programilfsuch I. avallable In·the employee's community, l)x.any employee who "s
S9 convicted; . .
6) M.kea.gQod:faltheffort tOGOn ' . rug-free workplacethrpughimpl.men\:iltlon
of'thls section,
As the personautnorlxed to'slgn t. . complies fUIlYwlth the' above requirements,
RESPbNDENT·sSlgnature:·<~Jb;:;;:;~~:$;;;;;;;:~~::::::::::::---
Print Name: GOk1j
Da,.: tid-I I tV
Thomas F. Pepe
OZ-13·IS 19
AFFIPAVITCONCERNING
FEDERAL AND STATE VENDOR LISTINGS
The person. orentltyf who Is responillni to the CIty'S.olicitadon, hereinafter refetred to "s"Respondene". rI'Iu.s\
certify .that the Respondent~s name Oo.es Not.appearon the State alFlorida. Department of Management Services.
"CONVICT~D, SUSPENDED, DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR
LISTINGS",
If the Respondent's nameDoesa~pear oneme or all the "Listings" sOmmarlJed belQw. RespondentS mUst "Check
ilApplies" next to the applicable "Listing." The "Ustlngs" Can beacce ... d through th.following link to:the Florida
Department?! Man.g~ll1entServlces website:
http:UwWw.dins,myfl0rid!-,comlbus!Oess oper.atrqns/state Jwrchurnglvendor. InformatJan!t;onvicted' ·susp.
ended _ discrinilnatory ,complaints: vendQr lists -
D~RATION UNDEI\PENALTY OF PERJURY
I. ~.~ f\V\ ~: (hereinafter referred"Was. the "oeclarant"),ut"'. ' linde~penaltyof perjury.
that the follow ng sta ments are true andeorrect: f1 . .' .
(I) I represent ihe Respondent whose name is ~ ree~~1 $PlC\~
(2) I have .the following relationship with tho. Respondent . = ==(Oer(11 Respondent ifa
solo proprietor); Presld.elit (1IRespongentln.corporatlont Partner (II Respondent Is a partnership), General
Partner QI Respondent is a Limited Partnership) or Managing Member>(11 Respondent Is. Limited Liability
Company).
(3) I have reviewed the Florid. Department cif r;j.nagel1)ent Services \'(e~slte .• !the folloWing URL~ddresS1
httP~Iwww;~m'.myflo~lda.comlbustnes~~operadonslstate-purchasingvendor JnfqrmatlonJcotwl~ed_suspended-,dl
scrlrnlnmti'30mpl.fnu,.;vendor Jlsts .
(4) ..' have .ehteied all ">\"or acneck mark beside each I1stlngc.tego~ set forth below If the Respondent's
"a.m •. appears in the list fpund. pn the Floriel. Oep.rtrnen!:Qf ManagementSorvl.es website for that category or
lilting, 10 .qld "<It enter a mark beside. U<tlngeatego,x it me'PHh.t I am attesling to.th.dact that the
Ri>'Pdnd~nt's liame doesn<>~ appear ali the listing for that .a~gQ'1 lit the F'orid~ Department ofManag~m.nt
ServlceswebsltG"·asof the~ate ofthis affidavlf.
Check If
Applica.ble
C.ohvicted Vendor list
S~spended Vendor ~Ist
.DlscrlmlhatO'1 Vendor Ust
Fedi!lr~1 ExciudedPart!es Lis.t
Vendor Complaint list .
FURTHER DECLARANT SAYETH NOT, e.
--~~~~~~---
AcKNoWLEDGEMENT
STATE OF FLO.RIDA )
COUNTY OF MIAMI·DA.DE. )
0 ..... " th.i •. t? r. day Of~~a V\cl'.2Q 1\..0. ' b.e'.9.re: l11e,th. e .• un. ders!gn .. ed aut.hQ. r.ltyi pe ... rSQna .. I.'Y appeared . :I ~ ~0·· . . who is personeUy know to me or who proVided ,the
followlrtgldentlflcatloh ~ .. and who (<lQk.an oath or affirmed t!)at that h~sheltheyel<ecuted the
(oregoihgAffldaVlt a. thll Dec.lataht ..
WITNESS my hand .• nd official seal.
Thom .. F.P.p.
02.23.15
c{/!ll{{IfJ c.l!-ffJta NOjO). Pub' ,State of Flori;:
BllJiMOn fKQ£tQ
(Name ~ otory Public: Print,
Stamp or type as commissionedi)
~ELA TED PAI\TY TRANSACTION VERI'FICATION FORM
I Ga~ :Av~h5 ,Indivlduallyandonbehalfof ece~t.?1N'Q-'Dl~Il:K.lc·
("Firm"lhav;;ame of Representative Company/Vendor/entity read the tity of South M ami ("City")'. Code ofYtillCs, -'U-
Section 8A·1 of the City's Code of.Ordin.nce. and I hereby certify, underpen.lty of perjury that to the best of my
knowledge. in~rmall()h.and ~en.t
(I j neither I nOr t.hl> Firm have any conflietof in~rest (as.defined In section eA· I) with re~rd to the contract. or
business that I •• nd/or the Firm. am!are) aboutte penorm for. or to transact With, the
City. and
(~) neither I noranyempl.oye.s. officers, directorsel the Firm, nor anyone who ha", flnancial intere$~greater
t.hanS%Jn the Firm, has a~y relative(s) ••• defined in sel!tien 8A.I, who inn empl~yeeoftheClty or who is(are)
")lappointed dr elected official. of tke City. or wnols(are)a member of~ny p~blrc body creatadbyth. City
Commission. I.e,. aboard""r committ~eofttie City: [whill> t~eethicl code still applies. If the'persQO' lixecuting this
form Is dotng,sDon beh.lfo( a firm whose stock Is publlclytrad~d, the(tate~nt In this sectl.on m snail b.e l>aseel
solely on. the si~natory's personal knowledge and M/she Is not required to !)'lake an Independent hwesti~tlon ".00
the relationship, Qf employee. or those whe> have a finando! interest In the ,Firm')i and
(3) neithe." I n~rtM Firm. ~or~\ly"heWho has aflnandal Interest greater than 5% in the Firm. nor any member of
those persons·lmme~.iatefamily (I;e"spouse;, ~r~ts. children. brothers anq sisters) has transacted orentere.d
Into any tontract(s) with tl)e City or has a flnancial Interest, directgr indirect" in any~usinessbelng,.tr.nsacted
with the city. or with any person or agency actlng,for thOi city. other than as follows:
. .,.(use (If !\ecessary. us~'.a separate sheena supply additlonalinformationthat will not fit on this ilr\~;howev!!t.l'oU
. mus~l)1ak¢ reft>reri~e.Qn the:abQve line. to. the additional sheetandtheadditianal she.lmust be signed under .
Qati}}.[whilethe ethlcs'~Qde stili applies; lIthe person exe~~tlngthlsform Is dolng,so on bahal/of a flrmwhose
stock!s publiclyttaded. t.~estatemeht In this sectloh(3) sh1!1i be based solely on.the Signatory's personal
knowledge and helshe is nOt requlred.to make an Ind.peoll.nt liwestigatlonas to the rel.tiooshlp of those' who
have a flnaltei.linterest in the Firm,)! and
(4) no elected andlor appo[ntedoffiCial or employee of the Cityo/South Miami. or any of their Immediate fa!)lily
m.embers (I;e .. Spouse, parents. children. brothers and sisters) has a financial Interest. directly or Indirectly. In the
contrattbei:ween you andlor your Firm'.n!! the City other than the/ollowlng, Individuals whose interest Is· Set
f(jrth ItllfoWingthelruse i\.separaee:~am~~:._=. -:-.--;-:"",:,--:--;--:-~--=---,--=-o;:-.,....,,----.....,
Qf necessary, use a;sep~~ate sl)~et ~o supplYaddi!lQnalln(ormation that Will O.<lt fit on this line. however. you must
make relerence. ontbeabove line; to the additional sheet and the additionajsheet must be signed under' Qath).
The names of all City employees and that (If all elected.lld/or appointed citY offiCials or board !)Iembors, Who
own. directly or Indirectly; an interest of flve perceht (5%) or moreof~~e tOtal assets of caplt;li stock In the firm
area$follows:
(if hecessary; use a separate sheet to supply additional information th.twlll not fit on this line; however. you must
m.~~ refertlnce. on th~ abqve Ilite. to the additional sheet and the additional sheet must be. signed under oath).
(while the ethics ~ode s~ill apl!liljS. irthe person executingthl. ((>rm Is dOing soon behall of a firm whose stock Is
publicly tra~.d. the statel)ten:t.\.n this section (4) shall be base.d soialyoh ti)e signatory's pers?n.1 knowlec!,eand
helshe is npt required to make an Independent Investl~tloo as ti> the ftnanclal Interest in the firm of city
employees. appointed ilffiCialsQr the immediate family membetsofele"t<!d ~11~/()r appointed official or "mployee,1
(5) I and the Firm lurth.ragrae not to use Or attempt to use any knQwledge. property or re~oOrce .Which may
comet? usthrou~h our position oftrus!, or through our penormance of our duties under thet.rms 'ilf the
c~ntract wlththeCiI:y; to secure a special privilege. benefit, or exemption for ourselves, Or others; W. agree that
we may not discloseo. us. information. not.availabl6'to members of the. general public. for our personal gain or
be!\eflt or for the personal ~In or benefit of any other person or business entity. outside of the normal gain or
benefit antiCipated thro~h.·the performance of the. contract.
(~) I and the Firm he['¢DjI aCKnowledge that We have not contracted or tra.nsacted any business with the City or
any persohor agen"y adting fat the City, and (fiat we have nat. appeared .In representation of any third party
before any board. commission oragen0! of th,e·Citywithin the p~t tw.pyears othert.h~nas
Thomas-F. Pepe
02·23.15
follow., . . (if
necessary. use a separl\te sheet to supply ad~itlonaUnfo~mation thatwili,no.t Qt Qn Ibls.!lne; however, you mUllt
make ""fe.enc'" On the above line. to th~ additi.onal.sheet and the.dditlonal she.t.must be signed underoilth).
X:\Plitth~.ing\Vel).dor Registratioh\ll,2,8, I. 2 RELATED MRTYTRANSACTION VERIFICATION FORM. [3].<!0(><
(7) Nelthed nor any.employees(oilicers, or directors olthe Firm, nol'ooy ohhelr ImmediateJomily (i.e., as. a'
spouse. son,. daughter, parent, brother or sister) i.related by blood or marriage to: (i) any member ofthe City
Commission; QI) any city employee, or (Iii) any member of any board or agency of the City other than as loffows:
. ..' .' . (If necessary, use a separate sheet to sl!pplyaclditlooal
infprmatlOn thatVll1i no, n.ton this line; howeyeroyou must make reference, on the 4bovI\ Ilhe, te,the,addltio •• 1
sheet and theadditlonalslieet mllst b~ signed ~"der o.tli). rwhllethe;ethlc~ code still apPlles;!f the persoo
$xec~tr~g thlsfo~m Is doing so on b~half of a firm whes.stock I~. p~bf!~lytr<lded, .thestatomentin thiS sectlon (7)
shall be based sOlelyc:.nthe signatory's persoh.lknowled&\l and be/shErls not reqUired to make an fodependent
investigation as to.the relationshipby .. blood or m.rrlage ofemployees,offlcers, or directors ofthe FlrmLor of any
of their Immedl.te!amlly to a~y appointed .or elected offldals of tn. City, Qr to their Immedilite fl!.ml.\y.memi!ers].
(8) Nci~Qther F1tl1',norany officers or dlrectd~' "hhat Other Firm Qr any6newhohasa finanClilllnterest greater
than 5% Inth~t 0the~ Firm, nor'anyme",ber ohMs. persQns' i.mmedi"te ~mily (I.e"'pouse. parents, chlldfen,
brothers and sisters) nor any o/my i'mmedlate family memlrers (hereinafter relerT'ed to a."Related P.rtl~s\'l has
responded. to.' soilcltatlon by the City In which lor the Flrm·that I represencor anyone who h.s·.·financlal
Intere,cgreaterthan 5% In the Firm, or any m"mb"rof those persons' Immediate family (I.e. spouse. parents.
children. brothers and sisters) have also responded.alh"rthan Ibefollowina:
,..---~------,~-:----;----:-:c,---:-:-;------:--"..,......:---.".,...."....,..,.."..,,..-,:---:--(If i)ei:~ssa,,>,:. Usl\a ~ep~rat~.!he~~~Qsupply.ddltlo.nal informatlQn thatwl.ll ~9~;;6t Qnihii IIne;h~)Ye:ver.you my~~
make reference, en~h.e a.bo.ve line, to the' additional sh.eet and the·addltlcinal sheet must be signed under oath),
[whil!\the'~thICSCl)d~ stillapplles, iflhe persi)n executing thlHorm is dol~gsoM behalf 01 a firm whose stotk Is
publicly ~aded. the statement in this section (II) shall be based $olel)l On the signatory', personal knowledge and
he/she Is not required to make an independent investigation Into the Other Firm. Or th.e,. firm he/she represents, a.
to their officers, dlrector.oraorone having a ftnanclallnterest In those: Firms or,anyohheir any member of those';
pers'lns'immediatefamily;] .
(9) I and die Firm ag~\! tllatWeare obnga:t~d to supplemeritthi$ Verlflcation Fqrm and inform tlie City ahny
chanlte til c1rc~01~t;i.~cl!$ t!'lat .would c~~ngeour ansWers to this doctimerit SpeCifical!y, a~r the 9P~ning of any
responsestoa solicitation,.) ~nd the Firm h,vlMn obligation to supplement this Verifleatlon Form with the name of
.all Related Parties who have.illso responded to the same solicitation and' eo disclose the. relationship 01 those
parties to me and th .. , Firm.
(10) AVi"latlotl.QI tbC! City's Ethles Code, the giving of any fl!.lse information 0" the failure to S4Ppleme/).t this
Verifi¢~tion form,.roaysubject me or the Firm t'1 immediate termlnatlonof anyagteementwith the City, and the
imposition "f the maxlroutnfine andlo" any pen.ltles allowed by Jaw, Additionally, Violations may be considered by
andsublectt.., a<tiohbytheMlaml-Dade County· Commission on EthiCS; U(ld~r penalty of perjury, I declare that I
have made a. diligent effort to ' . e ma 0 which I am attesting hereinabove and; that the statements
made herelnabovaare e and correct to the be fmyknowledge,.lnlormatlon and belief.
Signature: -l~;j~s:=~;=~~~~----
Print Name&Title: J..;:~LL..k:.+-L.,.L;:lLL..L"":"'=-_
Date: l\?-\ \\Y
Thom,as f. Pepe
02-23-1$ 23
Sec. 8A-I. -ConOict of interest and code of ethics ordinance.
(a) De.'gnat'on.
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 1n a cumulative manner. By
way of example. and not as a limitation. subsections (c) and (d) may be applied to the same contract or transaction.
(b) Definitions. For the purposes of this section the following definitions shall be effective:
(I) The term "commission members" shall refer to the mayor and the members of the city commission.
(2) The term "autonomous personnel" 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 petform quasHudicial 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 titled.
(6) The term "employees" shall refer to all other personnel employed by the city.
(7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or
to be conferred, in return for services rendered or to be rendered.
(8) The term "controlling financial interest" shall refer to ownership. directly or indirectly. of ten percent or more
of the outstanding capital stock in any corporation or a direct or Indirect interest of ten percent or more in a firm,
partnership. or other business entity at the time of transacting business with the City.
(9) The term "Immediate family" shall refer to the spouse. parents. children. brothers and sisters of the person
involved.
(10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services
for consideration and to submitting a bid, a proposal in response to a RFP. a statement of qualifications in response
to a request by the city. or entering into contract negotiations for the provision
on any goods or services, whichever first occurs.
(c) Prohibition on tran.actlng bu.ine .. with the city.
No person included In the terms defined in paragraphs (b}(I) through (6) and In paragraph (b)(9) shall enter into
any contract or transact any business ill 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 tronsacting buslne •• with the city.
Thomas ~. Pepe
02-23-15 24
No person included in the terms defined in paragraphs (b)(l) through (6) and in paragraph (b)(9) shall enter into
any contract or transact any business through a firm. corporation, partnership or business entity in which that
person or any member of the immediate family has a controlling financial Interest, direct or indirect, with the city
or any person or agency acting for the city, and any such contract, agreement or business engagement entered in
violation of this subsection shall render tl'le 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)(I) in a manner distinct from the manner in which it would affect the public
generally. Any person included in the term defined In paragraph (b)( I) who has any of the specified relationships
or who would or migh~ 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 ofanything 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)(I) through (6) shall neither solicit nor demand any gift. It is
also unlawful for any person or entity to offer. give or agree to give to any person Included in the terms defined in
paragraphs (b)(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) Disclosure. Any person included in the term defined in paragraphs (b)(I) through (6) shall disclose any gilt, 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 bus/ness 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) Expfoltatlon of official pOIltion 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 us. of confidential Information.
No person included in the terms deflned in paragraph. (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·/5 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 c1ty 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 pravision of this subsection shall be punished as provided In
section I-II of the Code of Miami-Dade County and. in addition shall be subject to dismissal by the appointing
authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation
incurred by the city.
(2) All full-time city employees engaged in any outside employment for any person, firm. corporation or entity
other than the city, or any of its agencies or instrumentalities, shall file. under oath. an annual report indicating the
source of the outside 'employment, the nature of the work being done and any amount of money or other
consideration received by the employee from the outside employment. City employee reports shall be filed with
the City clerk. The reports shall be available at a reasonable time and place for Inspection by the public. The city
manager may require monthly reports from individual employees ar groups of employees for gaod 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 GJlpearance. 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 connectlon 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 ar 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 financlo/lnt.rests 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
frnanclallnterest. A financial Interest is defined In this subsection to Indude. but not be limited to. any direct or
indirect interest In any Investment. equity. or debt.
(n) Acquiring financial intere.ts.
No person included In the terms defined in paragraphs (b)(l) through (6) shall acquire a financial interest in a
project. business entity or property at a time when 'the person believes or has reason to believe that the financial
interest may be directly affected by official actions or by official actions by the City or city agency of which the
person is an offic"lai. officer or employee.
(0) Recommending professional service •.
Thomas F. Pepe
02-2]-15 26
No person Included in the terms defined in paragraphs (b)(I) through (4) may recommend the services of any
lawyer or law firm, architect or architectural firm, public relations firm, or any otner person or flrm, professional
or otherwise. to assist in any transaction Involving the city or any of its agencies, provided that a recommendation
may properly be made when required to be made by the duties of
office and in advance at a public meeting attended by other city officials, officers or employees.
(p) Continuing application after city service.
(I) No person included In the terms defined in paragraphs (b)(I). (5) and (6) shall. for a period of two years after
his or her city service or employment has ceased. lobby any city offiCial las defined In paragraphs
(b)(I) through (6)] in connection with any JudiCial or other proceeding. application. RFP. RFQ. bid. request for
rul1ng 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) wkose city service or
employment ceased after the effective date of the ordinance from which this section derives.
(4) No person described in paragraph (p)(I) wkose 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 (pH 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 l'directlyu
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" wkere 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 altorney to render opinions on request.
Whenever any person included in the terms defined in paragraphs (b)( I) through (6) and paragrapk (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 dty 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)
Ednor'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-I) adopted Jan. II. 1969.
Thomas F. Pepe
OJ·ll·IS
END OF SECTION
27
PRES.ENTATION TEAM
DECLARATIOlIIlAFFIDVAIT OF REPRESENTATION
This affidavit Is not requJredfar compliance with tile CitY's SC1f1clt~tlon: how~\ler, it may bi!. used loayold
the need to register members Ilf yl;lur presel'ltatll;ln t!!amas lobbyists. Pursuan!toCity Ordinance 2&-14-
2206 (c)(9). any person. who appears as a representative for an individual or firm for an oral presentation
before a City certifica~lon;. elfaiuatli;!f1.sel!,>ctj6n. techriic~1 reView or .Slmilar committee, shall liston an
affidavit PrOvided by the. City staff. all individuals who may make a presentation. The affidavit shal) be
filed by staff with the Clerk's office at tile time tlte Ci;!mmltt¢e',spro.j1osalls submitted to the Cltv
MMalier. For'the purpose of this. subsection Qnly. the IIstedmemberi of the. presentation team. With
the exceptlan of'anyperson otherw.lse requJre/il to registera&~ lol1b¥ist.$.hall nllt be required to pay any
regi$tr~tlol) fees. 1110 p¢r;QI1~h~1I iil1flear before any committee an behalfof an anyone tinless he Qfshe
bas been IIsted .. as. part of the firmrs presentation t~am pursuant tg this parafiraphQf unless he or she Is.
registered with the City Cler~'s()fflce,~s~ lobbyist and has paid all applicable lobbyist registration f~~s.
Pursuant to '!l2:525(2J, Florida Statutes, the underSlgned.&,~ • makes the foUowlng
declaratfon Uhd!!rpen~ltYQf p~JJurY:
tisted bel.ow are all Individuals whO' may make a presentation Qn behalf of theentltV that the affiant
represents. Pleas~ "!lte) No P.E!rSOI'l sh,all appear befQreany comrnitteeion behalf.of anyone unless he
Qr·she.haa been Ii$ted as, part of the firmrs presentation team pursuant to this. paragraph or unh!$sh~
or she is registered with the Clerk's office as a lobbYlstal'ld bas paid all applicablltlobbylst registration
fe,es. .
-1'11. I kjC;.O(l ~s~
t,e,\tkO IAhLi I Ct~.
TITLE
pr:e~\ c\-e() 4-
fOr tM. Pllrpose of tlliS AffidaVit of Representation only, the listed members af the. presllnt~ti()n team.
with the exceptlonaf any personoth~rwlse reqUired tei regiSter as a .Iobbylst, shall~ot be required to
pay any registration fees. The Affidavit of Representation shall be flle/ilwlth the C;ity Clerk's office at the
time the committee's proposal is submitted to the City as part af the procurement process,
Und.et penalties of perjufV( I declare that I have read the foregoing declar~tion and tha,t the facts sWe.d
In it. a,re true and speclJi¢aily that the persons listed above are the memb.ers of th.e presentation team af
thitentltyllsted below ~ ___ ""
!hOr\1il$ Fi'Pepe
02 .. 23-.15
Fw.e{?Q Wfr D\~\a~~
Print name of entity being repesented
END OF SECTION'
29
EICH.IBIT 3
CONtRACT FOR JULY 4, 201(; CITY OFSClUTH IlIUAl\t1IFIRE\NORKS D,ISPI.AY
ITC!, #P~201(;,01
THIS CQNJRACt, entered Il1totp\sZ\ day 01 ,tad IOM2olli by the CITY
OF SOUTH MIAMI through Its Manager, both of whom shall be herelnalter referred to as the
"CITY" Where "pl1j!~aQle; l\leated ·a.t ~l~O Sunset Drive, South. Miami, F~., E-mail:
salexahder@soutbmlamlfl.govan.d. v\ye~¥!r ~*.w. ithan.O .. ff .. iceand
p'rlnclpal place of business lOcated at~O _ --'-_ ana .E-mall .~ddress of \,(\~@ kt,y ~~ .. (hereinafter called the "CON:rRACTOR~). U ~;. £'fl r-.ce"iQ(), 'YL
... I'"'PIA.\?, UIf'1"\. WIT",~SETH: ~'b £:):3.2-
WHeREAS, tneCITY 1$ II) need· of JUlY 4 •. '2Q16 Fireworks. Display at the Cltv of South
Miami's Palmer Park, located:at 6100SW 67.Avenue, Soutll Miaml,FI3lJ143fand
WHEREAS, the CITY desIres to retain the CONTRACTOR to provide the reljuiredgood
and/or services based on the CONTRACTOR's representations that .it Is quaiifled and capable
of providing said goods and/or .sEirvices In a professional and timely mahnerand hI accordance
with the CITY's .. goa Is. and requirements; and
WHEREAS, the C0NTRACTOR lIa~ agreeq to provide the' required goods andlor
services In accorda.nce with.theterms and conditions set forth herein. .
!)lOW, T~l:R~FO~E, In GonMerationc;>f therl\utu.al covenants and agreerl\en!s herein
colitairiE!d, thepartiesasree as follows:
1) Engagemli!nt OfContraCtl)r:. aa$e~ on the representations of th~ CONTRACTQRas
setout in the following "checked" documents the CITY hereby retains. the CONTRACTOR to
provide the gqods anl1/or services getforJh in .said prCiPOSal, q\lqte or tesponse tosC\lIdiatioi),
whic.heyer is:<lppllcable, asmQ.dified by the Contract Doc.uments defined belOW (all ofwhlch Is
hereinafter referred to as the Work").
(Check-the bOK_in1mediatefy preceding the document described below to Indicate tnat such aoc'ur'nent-\s part ofthls
contract)
'! C\l!\tractor's response to the CI:rY's written $ollcitatIQIi; or
" Contractor's proposal or quote, or If none,
a As'~eSttibedlnw~graph2 .below.
£) Contract Do~uments.: The Contract Documents shall Include this Contract and
the following "~he~ked documenW',as WillI aS~IiY ~tt~chm.ents or ex.hlbitS that ;tre made a
pari of any of the "checked documents.".
(Chec~the:bo~ Immedl;'ttEl;ly.pre.cedhig,th~:doc;umf:nt,de5.ciibed belowto,indJcate·ttlat such ~,oc,umel\t Is',part of this
contract)
a Generan::ondltlons.to Contract,.
Q Supplementary CqlllHtlons,
11 "Other Documents" referring'to in this contract and signed bytlla parties,
11 Solicitation documents (,'hereinafter referred to as "BidlY,ocliments"
Inciudlngany request for \lId, req4estfor proposalonimllar request)
11 Scope of Services,
"'Contractor's response to tlJe CITY's Bid Docliments,
11 Contractor's proposal or quote,
1ICirY'slnsurance & IndemnificatIonReq~irement$,
a Payment Bond,
a performance Bond,
This Contract and. the Gene.ral Conditions to Contract, Supplementary Conditions,the
SoliCitation, Scoj:laofServices and "Other Documents", if any are "checked documents", shall
take precedent over the. respMseto 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.
3) Date of Commencement; Tile CONTRACTOR shall commence the performance of
the Work under this Contract on upon issuance of Cltv Purchase Order or a date to be
Thomas F; Pepe 201S
~4'13/15 24
sJ1eclfled In a Notice to Proceed, Of Purchase Order, (nerelnafterreferred to as the "Work
Commencement Date"), and shall complete the perlor~aMe hereurldE!r within 5, wotklng
dm or .the length of tim~setfoi1h In the Contract Documenis, whichever is the shorter
period of time. TIme Is of the essence.
41 Prht\a"vConta~~: The Primary ContactPt!r$on hi charge of administering this
Contract on behalf ofthe CITY Is the City Manager ("Manager"),,<\sslstant Manager, or the
Managers deslgnee,Who shall be designated II\.a wfltlngslgne'ci by the Manager. The Primary
. can. ·.ta(t .•. P.erso. n. for the. CONTilACTOR and his/her con~. ~. tlnfof1. a~~.1 Pl. fO. 1l0ws,Name: P<\\~e.«p~-mail: Q,\\1,1@:£1I( e~)(:JZ<;; -!tIilEft Address:
I'ddY I:) @&;l'F6.U' :?1"j fuot:1OCl. rC1' 4e~CA~" (;01"(1
S) Scope. o'Servl.~es:. The goo(ls and/&'iei'i1l~t'tlffirprovlded are as sElt forth In
the "chec~ed do¢umllilts".
6) Compensation: The CONTRACTOR's compensa!II)" for th.e performance pfthi$
cpntract Iherelr!aftE!r. referred to <l~ the COIl~ Price) shan be. one of the following,. as
Indicated by a checked box, 0$1(1 00 Q. ' or~s $efforth Ilr oCONTI\ACTOR's response to
the CITY's written solicitation, IfarlY, ,or. If o.Ql1e, thel) ,as set out InCONTIlACTOR's.proposaJ or
quote, or the Scope of Services. whichever Is applicable, '<\nd as modlfled by the Contract
Documents,
7) Hours of Work: In the event' that this contract requires the performance of
services, it Is pre$qmed that the cost df Pl!rf()rmlhg the worR after regular working hoUr's, and
on Sunday and I!!gal holidays Is Induded In the Contract Price. However, nothlnScontah)ed
herein Shall authorize work I)n \lays an\ldurl'ng hOOf.!; th.at ate othe'rWlse prohll)itlld by
ordlnll.nce unless specifil:illly authorized .orlnstruc:ted.ln wrfting by the Director, the Directors
assistant Ordl!signee.
II) Time Provisions: The term of this Contract shall Gommence on .the. Work
Commencement Date andshali contl."ue for N/A until. It e~Plres(m N/A. or unless. e~rli~r
terminated according to the Contract Documents ... Notwithstanding the foregOing, this
Contract. maybe extendedby an alld.tlp~al TBD period Ifth.e e~t.ensIOIi is in writlng .. Qndsigned
by the Director. An extension of the term of this Contract is at the. CITY's sole and absolute
discretion.
9) Termln<ltlo.n: ThiSCQntract may be terminated without cause bylhe CI.TY with 30
days of advanced writVm nptlce. Thl.s prli\llsion$~pet$ede$andtakes p.receqence over any
cCl!1tr<lry provisions for·termination c.antained In the Contract Documents.
10) Applicable Law and Venue: Flarida law shall apply to theinterpretatlan lind
tmforcement of this. C;ontract. Ile.n.ue for .al.lproceedings shall he in Miami-Dade County,
Florida.
11) Insurance, Indemnlflcation& Bon(ling: CONTRACtOR shaU comply with the
insurance, indemnification and bonding. requirements set forth in th~ Contract
Documents.
12) ~lquldated Damages: Intb.e event that the CONTRACTOR shall fail to complete
the Work within thetlme limit SElt forth in t~e CI;>nlract Documents, ortne extended time 11m.\!.
agrtled upon, in accor(laoc.El with 'tile pfo~edui'e as m.ore .partlcularly set forth In tile Contract
Documents, liquidated damages Shall be palQ ·a~ tM .r~teof ~ dOI!ars per cjay until the
Work Is completed,
13) JuryTt1ll1 Wa.iver: The partiE!s Waive th.elt right tl) jury trial ..
14) Entire Agreement, Modification, and Non-waiver: The Contract Documents
constitute the entire agrMmelit of the . parties ijnd supersedes ahy prior agreements, written
or oral. The Contract Documents. may not be modified or amended except in writing, signed by
both parties hereto. The Contract Documents, In general, and Ihis paragraph, in particular,
shall not be modified or amended by any acts or omissions of the parties. No failure to
exercise and no delay In exerclsln!J any fisht, power orWlvilelle Shalt operate as a waiver. No
Thomas F; Pepe 2015
04/13/15 25
waiver of the Contract Documents, In whole or part, Including the provisions of this
paragr~p", may be Impllei:/ by any act or omission,
15) Publl~ Records: CONTRACTOR .and all of its subrontractorsare required to cOmPly
with the publicrecords law (5.119.0701) whll.e provldilig good$ arid/or Services on behalf of
tbi!CITY and thl! CONTRACTOR, under such 1:ondltlons,shail incorporate this paragraph In ali
of its subcontracts lor this Project.
16) Backgroul'ldScreenli't!l. All personnel and volunteers that Will provide any servl.ce
with vulnerable· persons, as defined In SectiOn 435.02, Fla~ stat" h:wolying any Cltv or its
Agency in SUch relatedal:tivlty must be in compliance With lell\llil Backgro.und Scteenlng and
fingerprinting requirements as per, Florida Statute Ch.4aS prior to the scheduled start alany
employee or volunteer. CONTRACTOR shaU prevent ahl(. and all of lis personnel, Including
volunteers, from engaging I!! any such 'related adlvlt:les without having p~sse~ .01 backgrou·ocl
screening to the satisfaction of tile City. A vlo!atjoll of thj§ requlrementsna!1 tOI)$titute a
substantlalbrea~h()f the agreement.
11) DrQIl Free Wor~plai!!!, The C(')NTitActO~ shall comply with the Drug prEle
Workplace,pOJicy)et forth in the City of South Miami's Personnel Manual whleh Is made a part
oUhis Contract by reference.
18)1:.taI1Sfer <fll.d A$slgnml!nt. None of the work.or services underthls contractshaU
be subcontracted or assigned without prior Written consentfromtheSMCRA which may be
ct!!nied I1i/lth.out cause.
19) Notices. All notices given or required under this tantractshall be.deerned
suff!¢lent Ifserit ljyli metho.~th!irpro\lI!lesWrlttenevldence 6fdellvery. indudil1fl e-mail and
facsimile transmission and delivered tothe CONnlACTORorhlsdesigilat~d ca~taCt person.
Return ofm~lI,sent.totheaddresS'qontained hereinfortlie parties or their contaCt persons,
as not deliverable arfar failure to claim the mailshaU be deemed received .on the data that . *e maiUs retyrned. to>$ender,
INWltNfSS WHEREOF, the parties, have executed this Contract, on or before the
ctate flrstabQye written, with full knowledge of Its ~ot\tent and slgnificailce anllintendinsto
be legailybouncl bV the termsl\ereof.
W ..•. lti?~.~.S.$ ••...........• ~ .. ' .... . .. . . .... By;t~r;~OJ1Cf
ATIESTED;
By: _______ ~ __
Maria Menendez
CltyCterk
Rllad and ApprQved as to form, language,
Legality a.nd "Xe~utlonTfj!lreof;
By: --::--:--_______ _
City Attorney·
'fhomas'F~.Pepe :lOll
04113115 26
t!ndlViduili or entity's Mme]
[n
By: __ -:-_:--__ _
Steven Alexander
(:ityMariager
Member Name City of South Miami
Bid Number ITQ-PR2016-01-0-2016/SK
Bid Name City of South Miami
1 Document(s) found for this bid
115 Notified; 2 Planholder(s) found.
Supplier Name Address 1
link Systems llC 5870 Hummingbird Court
Zambelli Fireworks 20 South Mercer Street
City
Titusville
New Castle
State Zip Phone Fax Attributes
FL 32780 4074010031 1111111111 1. Small Business
PA 16101 5613950955 5613951799
Valdes, Yvette
From:
Sent:
Subject:
Kulick, Steven P
Wednesday, January 06, 2016 10:49 AM
A Solicitation Has Been Advertrised
A solicitation has been advertised and posted on the City's website: www.southmiamifl.gov
PROJECT NAME: City of South Miami Fireworks Display
RFP/RFQjLOI/ITQ CLOSE DATE: January 28, 2016
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
1
1/2812016
Detail by Entity Name
Florida Limited Liability Company
FIREWORKS DISPLAYS UNLIMITED, LLC
Filing Information
Document Number
FEI/EIN Number
Date Filed
State
Status
Principal Address
14240 SW 256TH STREET
PRINCETON, FL 33032
Changed: 01/25/2012
Mailing Address
14240 SW 256TH STREET
PRINCETON, FL 33032
Changed: 01/25/2012
L08000028807
26-2272848
03/20/2008
FL
ACTIVE
Registered Aaent Name & Address
AVINS, GARY S
26451 S.W. 173RD PLACE
HOMESTEAD, FL 33031
Name Changed: 01/05/2010
Address Changed: 01/25/2012
Authorized Person(sl Detail
Name & Address
Title MGRM
AVINS, GARY S
26451 S.W. 173RD PLACE
HOMESTEAD, FL 33031
Annual Reports
Detail by Entity Name
http://search.sunbiz,org/lnquiryJCorporationSearchlSearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=FIREWORKSDIS... 1/2
2016 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT
DOCUMENT# L08000028807
Entity Name: FIREWORKS DISPLAYS UNLIMITED, LLC
Current Principal Place of Business:
14240 sw 256TH STREET
PRINCETON. Fl 33032
Current Mailing Address:
14240 SW 256TH STREET
PRINCETON, FL 33032
FEI Number: 26·2272848
Name and AddrellS of Current Registered Agent:
AVINS. GARY S
26451 S.W. 173RD PLACE
HOMESTEAD, Fl 33031 US
FILED
Jan 21, 2016
Secretary of State
CC4480727745
Certificate of Status Desired: No
The above named entity :submits this stal8ment for the purpose of changing its regIstered office or registered agent, or both, in the State of Florida.
Authori~ed Person(s) Detail :
Title
Name
Address
MGRM
AVINS. GARY S
26451 S.W. 173RD PLACE
City-Slate-Zip: HOMESTEAD Fl 33031
I hereby certify thai the information indicaled on this I9port (lI" supplflmenla/ report is true and aCClIrate and that myo/eatTOnic signature shall have !hit same leglll effect as ifmada under
oath; thai I am a managing member or mansgllr of IfIa limited liability company or !he receIVer or trustee empowered 10 execute this raporl 8S required by Chapl,r 605, Florida StaMes; and
rhal my name appea18 above, Of an an alBchmenl with lJH oIheflihe empowered.
SIGNATURE: GARY AVINS PRESIDENT 01/21/2016
Electronic Signature of Signing Authorized Person(s) Detail Date