1THE CITY OF PLEASANT LIVING
To:
FROM:
Via:
DATE:
SUBJECT:
BACKGROUND:
VENDORS &
BID AMOUNT:
EXPENSE:
ACCOUNT:
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 I
January 17, 2017 Agenda Item No.: __
A Resolution authorizing the City Manager to enter into a contract with Light
F/X Pros, LLC for the City's 2017 Fourth of July fireworks display show.
The City of South Miami sponsors a July 4th celebration each year at Palmer
Park (6100 SW 6ih Avenue South Miami, FL 33143) for its citizens which
includes food, live entertainment, kid's activities and a fireworks display
show by a qualified vendor.
The City issued an Invitation to Quote ("ITQ") #PR2016-27 titled "Fourth of
July Fireworks" on Monday! December 12, 2016. One (1) submittal was
received; Light F/X Pros is in compliance with the terms of the ITQ.
Light F/X Pros has been in business for over 15 years and provides a variety
of services such as high quality fireworks, stages, lighting and special effects.
Previously Light F/X Pros has contracted with other municipalities such as
Palmetto Bay, Sweetwater, North Miami Beach and other local news
channels and sporting events.
Please find below a breakdown of all submitted bids.
VENDORS I AMOUNT
LIGHT F/X PROS, LLC I $11,500
Not to exceed $11,500
The total expenditure shall be charged to Promotional Events/Special Events,
account number 001-2000-572-4820, which currently has a balance of
$37,729.
Resolution
Bid Opening Report
Light F/X Pros, 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 Light FIx Pros, LLC for
the City's 2017 Fourth of July fireworks display show.
WHEREAS, the City of South Miami sponsors a July 4th celebration each year at Palmer Park,
(6100SW 6ih Avenue South Miami, FL 33143) for its citizens which includes food, live entertainment,
kid's activities and a fireworks display show by a qualified vendor; and
WHEREAS, the City issued an Invitation to Quote ("ITQ") #PR2016-27 titled "Fourth of July
Fireworks" on Monday, December 12,2016 for the 2017 Fireworks Display; and
WHEREAS, one (1) submittal was received; Light FIX Pros is the lowest vendor and in compliance
with the terms of the ITQ; and
WHEREAS, Light FIX Pros is a full event production company which has provided firework
display shows for multiple municipalities, news channels and sporting events.
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 Light FIX Pros, LLC for
the City's 2017 Fourth of July fireworks display for an amount not to exceed $11,500. The total
expenditure shall be charged to Promotional Events/Spe~ial Events, account number 001-2000-572-
4820, which currently has a balance of $37,729.
Section 2. If any section clause, sentence, or phrase of this resolution is for any reason held
invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of
the remaining portions of this resolution.
Section 3. This resolution shall become effective immediately upon adoption by vote of the City
Commission.
PASSED AND ADOPTED this __ day of ____ --', 2017.
ATIEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATIORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Welsh:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Harris:
B1DOP6NING Ftl!iPORT
. -
Bids ~()~i;.o·p'~~e4~nr ..Ft~day,~gcemb~1'23};201(i. '.' •. ' ·.aft~t: lo~mjam
For: . 'ITQ#PR 20 16 .. Z7.. Fourth (,fJuly Firewtlrks.J)tsPlftY
; ... ,".,' ..
.. , . . . .... . rHlt~~t,)~;BIPS ~V~l'(Qi;.~~E~,clilJ;G~n¥: ......•... '., ..... . ...
. tD.E lUQs'ABE ,SUUJEct toCO$Jtc:X'IQN: AIfTERtf¥lJjiBtnsiIlI\'V.13i)iE~N;CQMrtEl'ELy :Qli;VIEwEn.
SUBMITTED TO: City Clerk
NAME: Maria Menendez, CMC
CITY OF SOUTH MIAMI
INVITATION TO QUOTE
ITQ #PR2016-27
LUMP SUM PROPOSAL
PROJECT:
ADDRESS:
CITY/STATE:
ISSUE DATE:
ADDRESS: 6130 Sunset Drive
CITY/STATE: '7M-==i';";am"';i=-, ':::FI:'-'or"7ld7a"-:3='=3"='147.3:-------------
E-MAIL:
DUE DATE:
PHONE: 30S-663-6339
MANDATORY PRE-Q:7U7::0:'::T:::-E"='M=E:':ET=I:7:N:"::G-: ------:N"..o-n-e-=S--:ch-e"":d--:ul:-"ed-:----
QUOTE SUBMISSION REQUIREMENTS:
Fourth of July Fireworks Display
Palmer Park
6100 SW 67 Ave
South Miami, FI33143
December 12, 2016
skullck@southmiamifl.gov.
10:00 AM; December 23, 2016
Quotes submitted after 10 AM on the due date will not be accepted unless otherwise specified in the quote document
of a time change. All quotes 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. Menendez, CMC
6130 Sunset Drive
South Miami, Fl. 33143
Project Name: "Fourth of July Fireworks"
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 21
Respondents must complete and submit with your quote affidavits provided in Exhibit 2.
qUESTIONS:
Any Requests for additional Information or questions must be in writing, emailed by 10 AM local time on December 16, 2016 to
the attention of Mr. Steven Kulick, Purchasing Manager, at skullck@so~thmiamifl.gov.
SCOPE OF SERVICES DESCRIPTION (TO BE COMPLETED BY CITY):
REFER TO "SCOPE OF SERVICES
DESCRIPTION OF WORK TO BE PERFORMED BY CONTRACTOR:
Item Number Item Description Unit Qty Amount
Refer to Scope of Services Description
Respondent shall furnish all matenals and equipment necessary to secure completion of thework. Respondent shall be
compensated according to the quote submitted. Respondent may choose to submit a quote on company letterhead but must be
attached to this form.
PrlntIType Name: Phone:
Signature: Date:
E-mail: ""';O'.....,.-L4'-!-""f--"'-'~~L-f-=--~=-"':....I-"-"=-=~oo;..:...;"m Fax:
F.E.I.N. No.: I -I I Firm Name:
Address: City: NiAM7 State:
THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO 8E BOUND 8VTHETERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLIOTATION WHERE INDICATED ABOVE BY AN
AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE OlSCRETlON, ACCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH
UNEQUIVOCALLY BINDS THE PROPOSER TO THE TERMS OF ITS OFFER. THE CITY'S REQUEST FOR QUOTES IS FOR THE LOWEST AND MOST RESPONSIVE PRICE. THE CITY RESERVES THE RIGHTTO AWARD THE
PROIECTTO THE FIRM CONSIDERED THE 8ESTTO SERVE THE CITY'S INTEREST.
RESPONDENT ACCEPTS ALL OF THE TERMS AND CONDITIONS OF THE SOLICITATION AND QUOTE SUBMISSION REQUIREMENTS. THIS PROPOSAL Will REMAIN SUBIECTTO ACCEPTANCE FOR 180 CALENDAR DAYS
AFTER THE PROPOSAL OPENING. THE RESPONDENT, BY SIGNING AND SUBMITTING THIS PROPOSAL, AGREES TO ALL THETERMS AND CONDITIONS OFTHE FORM CONTRACT THAT IS A PART OFTHE SOUCITATION
PACKAGE WITH APPROPIATE CHANGES TO CONFORM TO THE INFORMATION CONTAINED IN THIS INVITATION TO QUOTE.
I. Scope:
Scope of Services
Invitation to Quote: (ITQ #PR20 16-27)
City of South Miami Fireworks Display for July 4, 2017
Show time: After Dusk; Approx. 9: 1 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 12 to 15 minutes on July 4, 2017, 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.
As an alternative, the City'S Parks and Recreation Department is interested in delivering an
eco-friendly fourth. For example, use of compressed air to lift fireworks and use more white
fireworks since they don't contain perchlorate which minimizes contamination of yards and
ground water. Limit the amount of green fireworks since they're most likely.to contain barium.
Note: The Respondent shall have access to the site location for set-up and shall work
with the City's Parlc.s & Recreation Department and Special Events Coordinator to
ensure all necessary access is prOVided to meet the approximate show time and date.
2. Permits and Safety:
Respondent shall be responsible to secure all permits and conform to all municipal regulations
relating to fireworks displays. Respondent shall be responsible for obtaining permitting through
Miami Dade County Fire Department for the Fireworks Display and, coordinating a final walk-
through. The Respondent shall verify and assume responsibility that the firing area provided by
the City conforms to NFPA Code I 123-1995, 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 the Respondent, and
is patrolled until the Respondent advises City personnel that the "Safety Zone" is no longer
needed.
3. Site Location:
Page lof3
2
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.
4. Rain Date:
In the event of inclement weather and the display must be cancelled on July 4, 2017; a Rain
Date of July 5, 2017 has been established; all prices, terms and conditions shall apply.
S. 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/J Shells 120 "-300 420
4/J Shells 18 198 72 2.88
5/J 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 GIL TER CROSSETTES -exploding comets
crackling into crisscrossing effects,
• FANCY STAR SHELLS -Assorted brilliant colors in various patterns,
• SPIDERWEBS -long hanging fine webs of gold or silver,
• TOURBILLIONS -titanium silver spinning effects,
Page 2 of3
3
'I i
I
1
• RINGSHELLS -assorted ring patterns of different colors of one, two, three or five
different colors,
• GOLDEN, SILVER, GLITTERING OR CRACKLING PALM TREES -a palm
tree image with trunk~like different forms,
• ASSORTED TWO and THREE COLOR CHANGING CHRYSANTHEMUMS
& & PEONIES -two or three distinct color changes that resemble a round and
weeping flower pattern,
• STROBES -a variety of bright twinkling shells,
• ASSORETED COLOR BROCADES -a dense golden, silver or assorted color
effect ending at the tips with an umbrella~like canopy cascading and falling low,
• MULTI·BREAK SALUTE SHELLS -a variety of salute effects that incorporate
mUltiple powerful reports into the display,
• ASSORTED COMETS, bright luminous thick tail with comet~like appearance with
various colors,
• ASSORTED TIGERT AILS, similar to comets,
• ASSORTED MINES, projects various types of effect and colored stars that are
launched and ignited at a low altitude,
• TITANIUM SALUTES -these shells explode into a burst of brilliant white lights and
booming reports,
• ASSORTED COLOR & CRACKLING EFFECTS -assorted color peonies and
chrysanthemums with crackling effects,
• WILLOWS -very fine lines with an umbrella like effect cascading slowly.
Additional ffreworks may be acceptable upon review and approval by the City's Project Manager for this
event
The City reserves the right to award the Project to the Respondent with the lowest, most
responsive, responsible Proposal, as determined by the City, subject to the right of the City, or
the City Commission, to reject 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.
Page 3 of 3
4
1.01
A.
EXHIBIT I
Insurance & Indemnification Requirements
Insurance
Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as
"FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and
maintain at its own expense during the life of the Contract, insurance of the types and in the minimum
amounts stated below as will protect the FIRM, from claims which may arise out of or result from the
contract or the performance of the contract with the City of South Miami, whether such claim is against
the FIRM or any sub-contractor, or by anyone directly or indirectly employed by any of them or by
anyone for whose acts any of them may be liable.
B. No insurance required by the CITY shall be Issued or written by a surplus lines carrier unless authorized
in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The
FIRM shall purchase insurance from and shall maintain the insurance with a company 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 Insurance Generally. The FIRM shall provide and maintain in force and effect until all the Work to
be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise
specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below:
1.03 Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the
"Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written
or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must include: Employers' liability
at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate
levels of Worker's Compensation Insurance.
1.04 CommerCial Comprehensive General liability insurance with broad form endorsement, as well as
automobile liability, completed operations and products liability, 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
5
(c) Products and/or Completed Operations Hazard
(d) Explosion, Collapse and Underground Hazard Coverage
(e) Broad Form Property Damage
(f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless
and/or indemnification agreement.
(g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of
coverage equal to those required for Bodily Injury Liability and Property Damage liability.
1.06 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:
1.09
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
A
clearly not applicable.
Miscellaneous:
If any notice of cancellation of insurance or change in coverage is issued by the insurance company or
should any insurance have an expiration date that will occur during the period of this contract, the FIRM
shall be responsible for securing other acceptable insurance prior to such cancellation, change, or
expiration so as to provide continuous coverage as specified in this section and so as to maintain
coverage during the life of this Contract.
B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the
CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, in a
form satisfactory to the CITY covering the same.
C. The policies shall contain waiver of subrogation against CITY where applicable, shall expressly prOVide
that such policy or policies are primary over any other collectible insurance that CITY may have. The
CITY reserves the right at any time to request a copy of the required policies for review. All policies
shall contain a "severability of interest" or "cross liability" clause without obligation for premium
payment of the CITY as well as contractual liability provision covering the Contractors duty to indemnify
D.
the City as provided in this Agreement.
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
6
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.
7
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. 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 shall pay all claims. losses and expenses of any kind or nature whatsoever. in
connection therewith. including the expense or loss of the CITY and/or its affected officers. affiliates. employees.
successors and assigns, including their attorney's fees, in the defense of any action in law or equity brought against
them and arising from the negligent error, omission, or act of the Contractor, its Sub-Contractor or any of their
agents. representatives, employees, or assigns. and/or arising out of, or incident to. this Agreement. or incident to
or resulting from the performance or non-performance ofthe Contractor's obligations under this AGREEMENT.
D. The Contractor agrees and recognizes that neither the CITY nor its officers. affiliates. employees.
successors and assigns shall be held liable or responsible for any claims, including the costs and expenses of
defending such claims which may result from or arise out 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 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:
I. Non-Collusion Affidavit
2. Public Entity Crimes and Conflicts of Interest
3. Drug Free Workplace
4. Acknowledgement of Conformance with OSHA Standards
5. Federal and State Vendor Listing
6. Related Party Transaction Verification Form
7. Presentation Team Declaration/Affidavit of Representation
8. Signed Contract Document (AII-including General Conditions and
Supplementary Conditions if attached. EXHIBIT 3
9
NON COLLUSION AFFIDAVIT
STATE OF FLORIDA )
)
COUNTY OF MIAMI-DADE )
& es: I I2ui 2-being first duly sworn, deposes and states that:
(I) He/She/They is/are the ~L..es:,.ety7 Wve.
(Owner, Partner, Officer, Repres tative or Agent) of
(2)
(3)
(4)
(5)
L~ 1I.f-Ex Pro S the Respondent that has submitted the
attac Proposal;
He/ShelThey is/are fully informed concerning the preparation and c,ontents of the attached Proposal
and of all pertinent circumstances concerning such Proposal;
Such Proposal is genuine and is not a collusive or sham Proposal;
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; ,
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:
ACKNOWLEDGEMENT
COUNTY OF MIAMI-DADE
On this the .,.,,,.... ~ay of ,20~ before me, the undersigned Notary Public of the State
of Florida, pe nalJy app~ared a e(s) of individual(s) who appeared before
notary) t/' lO 1I\d'. , 'al'V1 and whose name(s) is/are Subscribed to the
within instrument, and he/she/they acknowledge that he/shelthey executed it.
Thomas F. Pepe
02-23-15 10
WITNESS my hand and official seal.
NOTARY PUBLIC:
SEAL OF OFFICE:
,\~:.l!V::::!'" ORLANDO ROBINSON $ 'IT(.o!t:.: N
$" • 1'\ olary Public· Slale of Florida ~. : : . i My Comm. Expires Jul 29 2018 -:.~ .. r,: I '''';:'''iOFf~Ot~$' Commission iI FF 146262
II"",,,,, Bonded Through National Notary Assn.
Thomas F. Pepe
02·23·15
Nott/;;:t:Ada ~6/~'
(Name of Notary Public: P~int, Stamp or type as commissioned.)
-0< Personally known to me, or
Personal identification:
Type of Identification Produced
Did take an oath, or
Did Not take an oath.
11
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 287.1 33 (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
. entity]
by __ C'----,_/U-=-=.....L..+-~_=--=--=--= __ ____"'"/'"""'___'I /----'e::..:::~=___· _____ _
[print individual's name and title]
for
---~--------~----~--------------~----------------------------[print name of entity submitting sworn statement]
whose business address is _---"7--=2"'-fP;:,.~..:../_....:Il.)..;::"_w..::;,,,._~.L..::"3:::......~ _ __=u::...,.,_J_I ___ _
/VI;-/i-·M; & 331&f:,
and (if applicable) its Federal Employer Identification Number (FEIN) is iJs -Sift? 2 97 (If the
entity has no FEIN. include the Social Security Number of the individual signing this sworn statement:
------------------------------------,.)
2. I understand that a "publiC entity crime" as defined in Paragraph 287.133 (I )(g). Florida Statutes.
means a violation of any state or federal law by a person with respect to 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 12
the management of an affiliate. The ownership by one person of shares constituting a controlling
interest in any person, or a pooling of equipment or income among persons when not for fair
market value under an arm's length agreement, shall be a prima facie case that one person
controls another person. A person who knowingly enters into a joint venture with a person
who has been convicted of a public entity crime in Florida during the preceding 36 months shall
be considered an affiliate.
5. I understand that a "person" as defined in Paragraph 287.133 (I) (e), Florida Statutes, means any
natural person or entity organized under the laws of any state or of the United States with the legal
power to enter into a binding contract and which bids or 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 s~mitting this sworn statement. [Indicate which statement applies.]
_V_ 1\ Neither the entity submitting this sworn statement, nor any of its officers. directors. executives.
partners. shareholders. employees, members. or agents who are active in the management of the entity.
nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to
July I. 1989.
__ The entity submitting this sworn statement, or one or more of its officers. directors, executives,
, partners. shareholders, employees. members, or agents who are active in the management of the ,entity.
or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July
I, 1989.
__ The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders. employees, members. or agents who are active in the management of the entity,
or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July
I. 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of
Florida. Division of Administrative Hearings and the Final Order entered by the Hearing Officer
determined that it was not in the public interest to place the entity submitting this sworn statement on
the convicted vendor list. [attach a copy ofthe 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 DERSTAND THAT I AM
REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING I ONTRA :r IN EXCESS OF THE
THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORI ATUTES, F R CATE ORY TWO OF ANY
CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.:..e. •
--~==~~~~~~~~~--------
Sworn to and subscribed before me this _-""Z=-I-I __ day of _--,~_:a..<-L.!-"-"Uo!.'-___ " 20.ih
Personally known __ r?Z_--'-_______ _
OR Produced identification _______ _
(Type of identification)
Form PUR 7068 (Rev.06/11/92)
Thomas F. Pepe
02·23·15 13
Notary Public -State of PI
My commission expires 2121 /1 ,
(Printed. typed or stamped commissioned'
name of notary public)
,,~~V'~~8'" ORLANDO ROBINSON lo. ~~ Notary Public· State 01 Florida' ~. : :·i My Comm. Expires Ju129. 2018
\~>. J~,li Commission ;I FF 146262 'I~ O"F1. , ..... '."",,,., Bonded Through National Notary Assn.
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 c<;>ntractual 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 of the 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 p"lea 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 contin 'ntain a drug-free workplace through implementation
of this section-
As the person authorized to ig this firm complies fully with the above requirements.
RESPONDENT's Signature: -='----'6~ ....... "--.:;....-F-----'::::....,.__---
Print Name: ---==--'--=-=::.....~ __ .....:~~::....:... ________ _
D~e: __ ~~~~~~~~~~--------------
Thomas F. Papa
02-23-15 14
I
1
J
I
i
I
I
I
ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS
TO THE CITY OF SOUTH MIAMI
We. /;-ij/'.f--rx Pro S . (Name of CONTRACTOR). hereby acknowledge and agree that as
CONTR TOR for the Invitation Quote project as specified in the solicitation documents have the sole
responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970,
and all State and local safety and health regulations. and agree to indemnify and hold harmless the City of South
Miami and NA (Consultant) against any and all liability. claims, damages. losses and expenses they may incur due
to the failure of (Sub-contractor's names): \
Title
15
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.myflorida.com/business operations/state purchasing/vendor information/convicted susp
ended discriminatory complaints vendor lists
'-9JECl,ARATION UNDER PENALTY OF PERJURY
I, k" I) tb>+ J4) I 2 (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 ---A.,.<...L~u..;~I-.4-...L..~--,:;:r---'
(2) I have the following relationship'with the Responden (Owner (if Respondent is a
sole proprietor), President (if Respondent is a corporation) Partner <if Respon ent 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_ operations/state -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
Respondent's 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 Er.
--==~~3:2S~~
ACKNOVVLEDGEMENT
STATE OF FLORIDA )
COUNTY OF MIAMI·DADE )
On this the 2~ ~ay of ])4 e , 20~, before me the undersigned authority, personally
appeared (i", At..) f-tf.i (1; who is sonally know t me or who provided the
following identification and who took an oath or ' Ir e t at that he/she/they executed the
foregoing Affidavit as the Declarant. tl.u.J /J, // ~
VVITNESS my hand and official seal. _~ ~
Not ~blic,~ta: of ;;~r~ I, ,,-, 1'v-t.
NOTARY PUBLIC: ~r '" 1\ at" ~b "' ~ • ~
~\~~V~~:'" ORLANDO ROBINSON I ~~l:o Notary Public -State 01 Florida s· ·i My Comm. Expires Ju129. 2018
Thomas .~ o~~: Commission # FF 146262
I. FF\.:' \...... • 02·23·( I"",,,,,, Bonded Through NatIonal NOIary Assn.
~~~ .. ~~~~~P4 16
(Name of Notary Public: Print,
Stamp or type as commissioned.)
RELATED PARTY TRANSACTION VERIFICATION FORM
I h/IR.-sl-tZrj?-. '"dl~d",11y ond 0" behaWof Lfj/t:!'-;::Y raJ S .LLL
("Firm")have Name of Representative CompanylVendor/Entity read the City of So Miami ("City")'s Code of Ethics,
Section SA-I 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 SA-I) with regard to the contract or
business that I, and/or the Firm, am (are) about to perform for, or to transact with, the
City, and
(2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater
than 5% in the Firm, has any relative(s), as defined in section SA-I, who is an employee of the City or who is(are)
an appointed or elected official of the City, or who is(are) a member of any public body created by the City
Commission, i.e., a board or committee of the City. [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 he/she 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 and/or appointed official or employee of the City of South Miami. or any of their immediate family
members (i.e .• spouse. parents. children. brothers and sisters) has a financial interest. directly or indirectly. in the
contract between you and/or your Firm and the City other than the following individuals whose interest is set
forth following their use a separate names: ______________________ -
<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 and/or appointed city officials or board members. who
own, directly or indirectly. an interest of five percent (5%) or more of the total assets of capital stock in the firm
are as follows:
(if necessary, use a separate sheet to supply additional information that will not fit on this line; 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 and/or appointed official or employee.]
(S) I and the Firm further agree not to use or attempt to use any knowledge. property or resource whicn 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 17
~~ ~
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:\PurchasingWendor Registration\ 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 (i.e., as a
spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City
Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows:
--: ____________________ (if necessary, use a separate sheet to supply additional
information that will not fit on this line; 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 (i.e. spouse, parents,
children, brothers and sisters) have also responded, other than the following:
_----------------_______________ (if
necessary, use a separate sheet to supply additional information that will not fit on this line; 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 the Miami·Dade County Commission on Ethics. Under penalty of perjury, I declare that I
have made Igent effo to investigate the in tters to which I am attesting hereinabove and that the statements
made he inabo rue and c-arrect to t best of my knowledge, information and belief.
~~,., ~,"" ~ (--
Print Name & Title: ...,..""""-r ........ '-""=--.,,I....-_...-...;=.o._=l.--_· __ U ~
Date:' ~2-1 II r., 7-1
Thomas F. Pepe
02.23·15 18
Sec. SA· I •• Conflict of interest and code of ethics ordinance.
(a) Designation.
This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics
Ordinance." This section shall be applicable to all city personnel as defined below. and shall also constitute a
standard of ethical conduct and behavior for all autonomous personnel. quasi-judicial personnel, advisory
personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By
way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction.
(b) Definitions. For the purposes of this section the following definitions shall be effective:
( I) The term "commission members" shall refer to the mayor and the members of the city commission.
(2) The term "autonomous personnel" 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
sole or primary responsibility is to recommend legislation or give advice to the city commission.
(5) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads, the city
attorney, and all assistants to the city derk, city manager and city attorney, however titled.
(6) The term "employees" shall refer to all other personnel employed by the city.
(7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or
to be conferred, in return for services rendered or to be rendered.
(8) The term "controlling financial interest" shall refer to ownership. directly or indirectly, of ten percent or more
of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm,
partnership, or other business entity at the time of transacting business with the city.
(9) The term "immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person
involved.
(10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services
for consideration and to submitting a bid, a proposal in response to a RFP, a statement of qualifications in response
to a request by the city, or entering into contract negotiations for the provision
on any goods or services, whichever first occurs.
(c) Prohibition on transacting business with the city.
No person included in the terms defined in paragraphs (b){ I) through (6) and in paragraph (b)(9) shall enter into
any contract or transact any business in which that person or a member of the immediate family has a financial
interest, direct or indirect with the city or any person or agency acting for the city, and any such contract,
agreement or business engagement entered in violation of this subsection shall render the transaction voidable.
Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or
position. Nothing in this subsection shall prohibit or make illegal:
( I) The payment of taxes, special assessments or fees for services provided by the city government;
(2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through
underwriters or directly from time to time.
Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four
affirmative votes of the city commission after public hearing upon finding that:
(I) An open-to-all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2),
(3) and (4);
(2) The proposal has been submitted by a person or firm offering services within the scope of the practice of
architecture. profeSSional engineering. or registered land surveying. as defined by the laws of the state and
pursuant to the provisions ()f 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 19
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)( I) in a manner distinct from the manner in which it would affect the public
generally. Any person included in the term defined in paragraph (b)( I) who has any of the specified relationships
or who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on
or participate in any way in the matter.
(E) Gifts,
(I)Defrnition. 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)(I) through (6) shall neither solicit nor demand any gift. It is
also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in
paragraphs (b)( I) through (6), or for any person included in the terms defined in paragraphs (b)(l) through (6) to
accept or agree to accept from another person or entity, any gift for or because of:
a. An official public action taken, or to be taken, or which could be taken, or an omission or failure to take a public
action;
b. A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform
a legal duty;
c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in
paragraph (b)(I); or
d. Attendance or absence from a public meeting at which official action is to be taken.
(4) Disclosure. Any person included in the term defined in paragraphs (b)(l) through (6) shall disclose any gift, or
series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by
filing a copy of the disclosure form required by chapter 112, Florida Statutes, for "local
officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the
Florida Secretary of State.
(1) Compulsory disclosure by employees of firms doing business with the city.
Should any person included in the terms defined in paragraphs (b)(l) through (6) be employed by a corporation,
firm, partnership or business entity in which that person or the immediate family does not have a controlling
financial interest, and should the corporation, firm, partnership or business entity have substantial business
commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency,
then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city.
(g) exploitation of official position prohibited.
No person included In the terms defined in paragraphs (b )(1) through (6) shan 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 20
(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-II of the Code of Miami-Dade County and. in addition shall be subject to dismissal by the appointing
authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of Investigation
incurred by the city.
(2) All full-time city employees engaged in any outside employment for any person, firm. corporation or entity
other than the city, or any of its agencies or instrumentalities, shall file, under oath. an annual report indicating the
source of the outside employment, the nature of the work being done and any amount of money or other
consideration received by the employee from the outside employment. City employee reports shall be filed with
the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city
manager may require monthly reports from individual employees or groups of employees for good cause ..
(k) Prohibited investments.
No person included in the terms defined in paragraphs (b)(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 appearances and payment prohibited.
(I) No person included in the terms defined in paragraphs (b)(I). (5) and (6) shall appear before any city board or
agency and make a presentation on behalf of a third person with respect to any matter. license. contract,
certificate, ruling. decision, opinion. rate schedule, franchise. or other benefit sought by the third person. Nor shall
the person receive any compensation or gift, directly or indirectly. for services rendered to a third person, who
has applied for or is seeking some benefit from the city or a city agency. in connection with the particular benefit
sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as
counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question.
(2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city
commission or agency on which the person serves. either directly or through an associate. and make a
presentation on behalf of a third person with respect to any matter. license, contract, certificate. ruling. deciSion.
opinion, rate schedule. franchise, or other benefit sought by the third person. Nor shall such person receive any
compensation or gift, directly or indirectly. for serv.ices rendered to a third party who has applied for or is seeking
some benefit from the city commission or agency on which the person serves in connection with the particular
benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as
counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such
person serves through the suit in question.
(m) Actions prohibited when financial Interests Involved.
No person included in the terms defined In paragraphs (b) (I) through (6) shall participate in any official action
directly or indirectly affecting a business in which that person or any member of the immediate family has a
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)(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 officiat 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 21
No person included in the terms defined in paragraphs (b)( I) through (4) may recommend the services of any
lawyer or law firm. architect or architectural firm. public relations firm. or any other person or firm. professional
or otherwise. to assist in any transaction involving the city or any of its agencies. provided that a recommendation
may properly be made when required to be made by the duties of
office and in advance at a public meeting attended by other city officials. officers or employees.
(p) Continuing application after city service.
(I) No person included in the terms defined in paragraphs (b) ( I). (5) and (6) shall. for a period of two years after
his or her city service or employment has ceased. lobby any city official [as defined in paragraphs
(b)( I) 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
'!latter 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 edLJcational 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 opinions on request.
Whenever any person included in the terms defined in paragraphs (b)( I) through (6) and paragraph (b)(9) is in
doubt as to the proper interpretation or appliCation of this conflict of interest and code of ethics ordinance, or
whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that
person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall
then render an opinion to such person and shall publish these opinions without use of the name of the person
advised unless the person permits the use of a name.
(Ord. No. 6·99-/680, § 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 (lA-I). I (IA·2) adopted Jan. II. 1969.
Thomas F. Pepe
02·23·15
END OF SECTION
22
PRESENTATION TEAM
OECLARA TION/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, Et ~ t. dr /h, !' ~es 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.
NAME
6/U srf au J' "Z-
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
--~~.-:=;-2-~---,.t..,.,-,.,.f. ___ ~ , 20 ((p
-=~'.~,.,----------~
Print Name and Title
Thomas F. Pepe
02·23·15
END OF SECTION
23
EXHIBIT 3
Fourth of July Fireworks
ITQ PR2016-27
THIS CONTRACT, entered into this 2:L day of Oeeem het'20.Lk, by the CITY
OF SOUTH MIAMI through its Manager, both of whom shall be hereinafter referred to as the
"CITY" where applicable; located \ 613 Su et .Pfive, South Miami, FL. , E-mail:
salexander@southmiamifl.gov and I X Yr. s l LC-with an office and
princi al place of business located t 72.kt NIf) l{3t ~ and E-mail address of
· lit. It)~ and Facsimile transmission number of (hereinafter called the
NTRACTOR"). 7~' ~ '1ltJ;...l.ff5 /
WITNESSETH:
WHEREAS, the CITY is in need of a Fourth of July Fireworks Display; and
WHEREAS, the CITY desires to retain CONTRACTOR to provide the required goods
and/or services based on CONTRACTOR's representations which reflect that CONTRACTOR 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, 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 CONTRACTOR as set
out in the following "checked" documents the CITY hereby retains 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, or as is otherwise set forth in
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)
"" Contractor's response to the CITY's written solicitation; or
"" 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 Supplementary Conditions,
"" "Other Documents" referring to in this Contract and signed by the parties,
"" Solicitation documents ("hereinafter referred to as "Bid Documents"
including any request for bid, request for proposal or similar request)
"" Scope of Services,
"" Contractor's response to the CITY's Bid Documents,
"" Contractor's proposal or quote,
"" CITY's Insurance & Indemnification Requirements,
o Bonding of Employees (the term "employee", as used in this Contract, shall
include volunteers) -$1,000,000
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, if any, or the proposal or the
Thomas F. Pepe 2016
07/29/16 24
quote, if any. The "checked documents" are attached hereto and made a part hereof by
reference.
3) Date of Commencement: CONTRACTOR shall commence the performance of the
Work under this Contract on TBD 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 TBO 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 of the 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
L I C9ntact P~on for CONTRACT~R and ,his/.her conJB~t information is as follows: Name: !J~ ~O.s e-mail:el, ~f/lJJfax: 7R6-'!I'lt Str~et Address: _;)z/ /UfI Lf3'rd -S"L ___ ; C4 33166 -,.sy
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 CONTRACTOR's
performance under the terms and provisions of this Contract, or CONTRACTOR's payments in
the event CONTRACTOR is paying the City for the uses of the CITY's property or services,
(hereinafter referred to as the Contract Price) shall be one of the following, as indicated by
one of the following checked box, [J $ or as set forth in [J CONTRACTOR's
response to the CITY's written solicitation, if any, or, if none, then as set out in CONTRACTOR's
proposal or quote, the Scope of Services, or as set forth in, or modified by, one of the Contract
Documents, whichever is applicable.
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 City Manager, the
Manager's assistant or designee.
8) Time Provisions: The term of this Contract shall commence on the Work
Commencement Date and shall continue for one (1) year or until it expires on TBD, or unless
earlier terminated according to the Contract Documents. Notwithstanding the foregoing, this
Contract may be extended by an additional N/A period if the extension is in writing and
signed by the City Manager. An extension of the term of this Contract is at the CITY's sole and
absolute discretion.
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) Duties and Responsibilities: CONTRACTOR shall comply with all applicable laws,
ordinances, codes, rules, regulations, and health and safety standards of any governmental
body having jurisdiction over any matter related to this Contract or the goods and/or services
to be performed hereunder, and shall commit no trespass on any private property in
performing any of the work embraced by this Contract. Each and every provision and/or
clause required by law to be inserted in this Contract shall be deemed to be inserted herein
and this Contract shall be read and enforced as though such provisions and/or clauses were
included herein.
12) Change Orders: No additional Work or extras shall be done unless the same is
duly authorized in writing and in advance of the work by appropriate action by the City
Manager and in accordance with the Contract Documents.
Thomas F. Pepe 2016
07/29/16 25
13) Licenses and Certifications: Contractor shall secure all necessary business and
professional licenses at its sole expense prior to executing this Contract or commencing the
Work.
14) Insurance, Indemnification & Bonding: CONTRACTOR shall comply with the
insurance, indemnification and bonding requirements set forth in the Contract Documents. .
lS} Liquidated Damages: In the event that CONTRACTOR shall fail to complete the
Work within the time limit set forth in the Contract Documents, or the extended time limit
agreed upon, in accordance with the procedure as more particularly set forth in the Contract
Documents, liquidated damages shall be paid at the rate of $ N/A dollars per day until the
Work is completed.
16} Jury Trial Waiver: The parties waive their right to jury trial.
17) Entire Agreement, Modification, and Non-waiver: The Contract Documents
constitute the entire agreement of the parties and supersedes any prior agreements, written
or oral. The Contract Documents may not be modified or amended except in writing, signed by
both parties hereto and if this Contract is required to be approved by the City Commission, all
amendments thereto must be approved in the same manner and with the same formality as
this Contract. 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.
18) 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 and shall: (a) Keep and maintain public records required by
the public agency to perform the service; (b) Upon request from the public agency's custodian
of public records, provide the public agency with a copy of the requested records or allow the
records to be inspected or copied within a reasonable time at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records
that are exempt or confidential and exempt from public records disclosure requirements are
not disclosed except as authorized by law for the duration of the Contract term and following
completion of the Contract if CONTRACTOR does not transfer the records to the public
agency; and (d) Upon completion of the Contract, transfer, at no cost, to the public agency all
public records in possession of CONTRACTOR or keep and maintain public records required by
the public agency to perform the service. If CONTRACTOR transfers all public records to the
public agency upon completion of the Contract, CONTRACTOR shall destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure
requirements. If CONTRACTOR keeps and maintains public records upon completion of the
Contract, CONTRACTOR shall meet all applicable requirements for retaining public records. All
records stored electronically must be provided to the public agency, upon request from the
public agency's custodian of public records, in a format that is compatible with the
information technology systems of the public agency.
IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT 305-663-6340; E-mail:
mmenendez@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL
.33143.
19) Background Screening. All personnel and volunteers that will provide any service
with vulnerable persons, as defined in Section 435.02, Fla. Stat., involving the City or its
Thomas F. Pepe 2016
07/29/16 26
Agency in such related activity or who may have access to secure or sensitive areas of the City,
must be in compliance with Level II Background Screening and fingerprinting requirements as
per, Florida Statute Ch. 435 prior to the scheduled start of any employee or volunteer.
CONTRACTOR shall prevent any and all of its personnel, including volunteers, 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 this Contract.
20) Drug Free Workplace. 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.
21) Transfer and Assignment. None of the work or services under this Contract shall
be subcontracted or assigned without prior written consent from the CITY which may be
denied without cause.
22) 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 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 or for failure to claim the mail shall be deemed received on the date that
the mail is returned to sender.
IN WITNESS WHEREOF, the parties, have executed this Contract, on or before the
date first above written, with full knowledge of its content and significance and intending to
be legally bound by the terms hereof.
Witnessed:
By: _________ _
ATIESTED:
By: ______ _
Maria Menendez
City Clerk
Read and Approved as to Form, Language,
Legality and Execution Thereof:
By: ___________ _
City Attorney
Thomas F. Pepe 2016
07/29/16 27
[Individual or entity's name]
By: _______ _
[name of signatory]
CITY OF SOUTH MIAMI
By: ________________ __
Steven Alexander
City Manager
Sponsors
Contact
Date of Display
Location
Time
Duration
Show Price
Deposit
Remarks
LIGI-IT
p R o s
Strictly Electronically Fired Displays
Contract for 4th of July
Fireworks Celebration
City Of South Miami at Palmer Park
Maria Menendez
July 4th , 2017
6100 SW 67th Ave
Approximately 9:00pm
12-15 minutes
$11,500.00
$5,750.00
We the undersigned, being interested in a fireworks display for City Of South Miami, agree to
pay a price of $11,500.00 for the display agreed upon, which will be furnished by Light FIX
Pros, LLC
The undersigned, intending to be legally bound, agree as fbllows:
1. Sponsor to make a deposit payment of 50% of the contact price upon signing of contract but no
later than 30 days prior to display Balance will be due 1 week prior to event unless agreed
otherwise. .
2. In the event Sponsor shall fail to pay any sum when due under the terms of this contract, Sponsor
shall pay, in addition to such amount, interest at the rate of 1-1/2% per month on the unpaid amount
from the original due date. Sponsor does further agree that it shall pay Light FIX Pros reasonable
attorney fees and court costs in the event Light FIX Pros shall commence suit or incur fees to
compel Sponsor to pay any sums due hereunder or otherwise as a result of Sponsor's default of
any of the terms and provisions herein contained.
3. SPONSOR'S AGENT: Maria Menendez shall be designated as sponsor's agent to whom all
questions and inquiries shall relay all questions and inquiries. Sponsor's agent shall be the only
agent of sponsor authorized to request rescheduling of the delivery and exhibition of the fireworks
on the part of sponsor.
4. If event is on land, sponsor to furnish police andlor crowd security personnel, provide proper
parking supervision, and insure adequate patrol of the safety zone as marked and secured by the
sponsor until Light FIX Pros. advises that it is no longer necessary.
5. If event is over water, Light FIX Pros will be responsible for marine permit. The Sponsor will be
responsible for control of safety zone.
6. Light FIX Pros reserves the right to stop the display in the event persons, vehicles or animals enter the
secured safety zone and security is unable or unwilling to remove them and enforce the safety regulations.
7. Light FIX Pros will furnish all applicable licenses, permits and $1,000,000 liability insurance and pyro
technicians for your electronically fired display.
8. NOTE: In accordance with local regulations and ordinances, fireworks displays shall not take place later
than 10:30pm unless approval is obtained from the governing authority. The restrictions shall not be
applicable with regards to holidays such as December 31, January 1, or other national holidays. If for some
reason, shoot time does not occur before the allotted time and shoot is cancelled due to local authority or
expiration of permit, Sponsor is liable for full payment of display.
9. Hold harmless Light FIX Pros from any claims that do not directly relate to damages produced by its staff,
equipment or pyrotechnic materiaL
10. CREDITS: As a material inducement to Light FIX Pros agreeing to enter into this agreement, Sponsor
shall give Light FIX Pros program credit as sole fireworks supplier and producer in all press releases,
advertising, and any other program announcements, printed or otherwise.
11. If show is canceled, sponsor is responsible for any permit, fire watch or bargeltug fees, if applicable.
Additionally, sponsor will be responsible for load inl load out expenses not to exceed 50% of budget. If
show is stopped while in progress for any reason, Sponsor will still be responsible for contract amount
minus the cost of material not discharged.
12. If wind exceeds 20 miles per hour, fireworks display will be postponed to an agreed date between sponsor
and Light FIX Pros
13. Rain date policy is a follows: Postponement time is 11 :30 a.m. day of display.
14. If the delivery andlor exhibition of the fireworks are postponed by reason of inclement weather, it shall be
re-scheduled to the Inclement Weather Date set forth by Sponsor.
15. IMPORTANT NOTE: Items listed in this proposal assume a firing area that conforms to NFPA Code
1123-1995, which states that there must be at least 70 feet per inch of shell diameter between firing site
and any spectators, cars or buildings. This program requires a safety zone that has a radius of 350 feet
because of the inclusion of 5-inch shells. Adjustments will be made to the content of this program if
necessary to conform to NFPA 1123-1995.
Light FIX Pros, upon acceptance of this contract in writing, agrees to fulfill the contract in a
workmanlike and professional manner.
Accepted this day of _______________ _
On behalf of City Of South Miami, __________________ _
Maria Menendez, CMC
On behalf of Light FIX Pros _________________ _
Ernest Ruiz, Director
Page 2 of 5
City Of South Miami
Contract 12/2112016
Opening Fireworks Display
80 -2.5"-INCH SHELLS -ASSORTED COLOR, PEONIES & CHRYSANTHEMUMS -bursts
resembling a round and weeping flower pattern, ASSORTED COLOR & CRACKLING EFFECTS-
assorted color peonies and chrysanthemums with crackling effects, FANCY STAR SHELLS-
Assorted brilliant colors in various patterns, SPIDERWEBS -long hanging fine webs of gold, silver or
assorted colors, GOLDEN, SILVER, GLITTERING OR CRACKLING PALM TREES -a palm tree
image with different forms with trunk-like rising effect, ASSORTED TWO COLOR CHANGING
CHRYSANTHEMUMS & PEONIES -two distinct color changes that resemble a round and weeping
flower pattern
20 -FOUR-INCH SHELLS -TITANIUM SALUTES -these shells explode into a burst of brilliant
white lights and booming reports, ASSORTED COLOR, PEONIES & CHRYSANTHEMUMS -bursts
resembling a round and weeping flower pattern.
4-2.5" Body cakes 100 shot each with an assortment of colors, whistles and salutes.
Body of Show
120 -THREE-INCH SHELLS -ASSORTED COLOR, PEONIES & CHRYSANTHEMUMS -bursts
resembling a round and· weeping flower pattern, ASSORTED COLOR & CRACKLING EFFECTS -
assorted color peonies and chrysanthemums with crackling effects, FANCY STAR SHELLS-
Assorted brilliant colors in various patterns, SPIDERWEBS -long hanging fine webs of gold , silver or
assorted colors, GOLDEN, SILVER, GLITTERING OR CRACKLING PALM TREES -a palm tree
image with different forms with trunk-like rising effect, ASSORTED TWO COLOR CHANGING
CHRYSANTHEMUMS & PEONIES -two distinct color changes that resemble a round and weeping
flower pattern, ASSORTED COLOR BROCADES -a dense golden, silver or assorted color effect
ending at the tips with an umbrella-like canopy cascading and falling low, ASSORTED COMETS,
bright luminous thick tail with comet-like appearance with various colors, ASSORTED TIGERTAILS,
similar to comets, ASSORTED MINES, projects various types of effect and colored stars that are
launched and ignited at a low altitude.
198 -FOUR INCH SHELLS -ASSORTED COLOR, PEONIES & CHRYSANTHEMUMS -bursts
resembling a round and weeping flower pattern, WHISTLES -a break of color, followed by whistles,
SCREAMING DRAGONS -a break of bright magnesium colors followed by loud screaming whistle,
GOLD FLITTER, SILVER OR GLITTER CROSSETTES -exploding comets crackling into criss-
crossing effects, FANCY STAR SHELLS -Assorted brilliant colors in various patterns,
SPIDERWEBS -long hanging fine webs of gold or silver, TOURBILLIONS -titanium silver spinning
effects, WILLOWS -golden, silver or assorted colors of very fine lines with an umbrella like effect
cascading slowly, RINGSHELLS -assorted ring patterns of different colors of one, two, three or five
Page 30f5
City Of South Miami
Contract 12/2112016
different colors, GOLDEN, SILVER, GLITTERING OR CRACKLING PALM TREES -a palm tree
image with trunk-like different forms, ASSORTED TWO and THREE COLOR CHANGING
CHRYSANTHEMUMS & PEONIES -two or three distinct color changes that resemble a round and
weeping flower pattern, STROBES -a variety of bright twinkling shells, ASSORTED COLOR
BROCADES -a dense golden, silver or assorted color effect ending at the tips with an umbrella-like
canopy cascading and falling low, MULTI-BREAK SALUTE SHELLS -a variety of salute effects that
incorporate multiple powerful reports into the display, ASSORTED COMETS, bright luminous thick
tail with comet-like appearance with various colors, ASSORTED TIGERTAILS, similar to comets,
ASSORTED MINES, projects various types of effect and colored stars that are launched and ignited
at a low altitude.
6-2.5" Body cakes 100 shot each with an assortment of colors, whistles and salutes.
Grand Finale
72 -2.5"-INCH SHELLS -ASSORTED COLOR, PEONIES & CHRYSANTHEMUMS -bursts
resembling a round and weeping flower pattern, ASSORTED COLOR & CRACKLING EFFECTS -
assorted color peonies and chrysanthemums with crackling effects, FANCY STAR SHELLS-
Assorted brilliant colors in various patterns, SPIDERWEBS -long hanging fine webs of gold, silver or
assorted colors, GOLDEN, SILVER, GLITTERING OR CRACKLING PALM TREES -a palm tree
image with different forms with trunk-like rising effect, ASSORTED TWO COLOR CHANGING
CHRYSANTHEMUMS & PEONIES -two distinct color changes that resemble a round and weeping
flower pattern
300 -THREE INCH SHELLS -TITANIUM SALUTES -these shells explode into a burst of brilliant
white lights and booming reports, ASSORTED COLOR, PEONIES & CHRYSANTHEMUMS -bursts
resembling a round and weeping flower pattern, FANCY STAR SHELLS -Assorted brilliant colors in
various patterns, SPIDERWEBS -long hanging fine webs of gold or silver, ASSORTED COLOR &
CRACKLING EFFECTS -assorted color peonies and chrysanthemums with crackling effects,
WILLOWS -very fine lines with an umbrella like effect cascading slowly, ASSORTED COLOR
BROCADES -a dense golden, silver or assorted color effect ending at the tips with an umbrella-like.
canopy cascading and falling low, WILLOWS -very fine lines with an umbrella like effect cascading
slowly,
72 -FOUR INCH SHELLS -ASSORTED COLOR, PEONIES & CHRYSANTHEMUMS -bursts
resembling a round and weeping flower pattern, FANCY STAR SHELLS -Assorted brilliant colors in
various patterns, SPIDERWEBS -long hanging fine webs of gold or silver, ASSORTED COLOR &
CRACKLING EFFECTS -assorted color peonies and chrysanthemums with crackling effects,
WILLOWS -very fine lines with an umbrella like effect cascading slowly, ASSORTED COLOR
BROCADES -a dense golden, silver or assorted color effect ending at the tips with an umbrella-like
canopy cascading and falling low.
12-2.5" Finale cakes 100 shot each with an assortment of colors, whistles and salutes
OVER 1,000 SHOTS -Assorted Finale Barrage, Titanium Reports, Whistles, Assorted Color,
Tourbillions.
Page 4 of5
City Of South Miami
Contract 12/2112016
Total Shells Used
OPENING BODY
2.5 SHELLS 80 0
3" SHELLS 0 120
4" SHELLS 18 198
CAKES 4 6
400 SHOT 600 SHOT
Grand total of shots will be 2,868
Page 5 of 5
City Of South Miami
Contract 12/21120 16
FINALE TOTAL
SHELLS
80 160
300 420
72 288
12 20
1200 SHOT 2000 SHOTS
Member Name
Bid Number
Bid Name
City of South Miami
ITQ-ITQ PR2016-27-0-2016/SK
Fourth of July Fireworks Display
1 Document(s) found for this bid
1 Planholder(s) found; 145 Notified
Supplier Nam~ Address 1
Link Systems LLC 5870 Hummingbird Court
City State Zip Phone
Titusville FL 32780 4074010031
Kulick, Steven P
From:
Sent:
Cc:
Subject:
Kulick, Steven P
Monday, December 12, 201611:08 AM
Menendez, Maria M.
A Solicitation Has Been Advertised
A Solicitation Has Been Advertised and Posted on the City's Website: www.southmiamifl.gov
PROJECT NAME: Fourth of July Fireworks Display
PRE-BID MEETING: NONE
RFP/RFQjLOI/ITQ CLOSE DATE:. 10 AM, December 23,2016
Regards,
Steven Kulick, C.P.M.
Chief Procurement Officer/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
'~ IU£.\J"V IV ultuall uy E::.IIULY l"4i:lflltl
Department of State 1 Division of Corporations 1 Search Records 1 Detail By Document Number 1
Detail by Entity Name
Florida Limited Liability Company
LIGHT FIX PROS, LLC.
Filing Information
Document Number
FEIIEIN Number
Date Flied
Effective Date
State
Status
Principal Address
7261 NW43 S1
MIAMI, FL 33166
Changed: 04/16/2015
Mailing Address
7261 NW 43 S1
MIAMI, FL 33166
Changed: 04/16/2015
L11000134851
45-3949797,
11/30/2011
12/01/2011
FL
ACTIVE
Registered Agent Name & Address ,
ROBINSON, ORLANDO II
7261 NW 43 S1
MIAMI, FL 33166
Address Changed: 04/16/2015
Authorized Person(s) Detail
Name & Address
Title MGR
ROBINSON, ORLANDO II
7261 NW 43 S1
MIAMI, FL 33166
Annual Reports
Report Year
2014
Flied Date
03/07/2014
hltp:flsearch.sunbiz.org!lnquiry/CorporationSearchlSearchResuIIDetail?inquirytype=EntilyName&dlreclionType=lnilial&searchNameOrder=LlGHTFXPROS%,.. 1/2
2016 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT
DOCUMENT# L 11000134851
Entity Name: LIGHT FIX PROS, LLC.
Current Principal Place of Business:
7261 NW43ST
MIAMI, FL 33166
Current Mailing Address:
7261 NW43 ST
MIAMI, FL 33166 US
FEI Number: 45-3949797
Name and Address of Current Registered Agent:
ROBINSON. ORLANDO II
7261 NW 43 ST
MIAMI. FL 33166 US
FILED
May 01,2016
Secretary of State
CC2684055512
Certificate of Status Desired: Yes
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent
Authorized Person(s) Detail :
Title
Name
Address
MGR
ROBINSON. ORLANDO II
7261 NW43 ST
City-State-Zip: MIAMI FL 33166
Date
I hereby cerl/fy that the/nfonnaUon indIcated on this "'porl or supplemantot reporlls true and occurole and that my electronic signature shall have the same legal effect as If made under
oalh; that lam a managing member or manager of/he limIted lIability company orthe receiver or trustee empowered to execute this reporl as requIred by Chapter 605, Florida statutes; and
that my name appears above, or on an attachment with all other like empowered.
SIGNATURE: ORLANDO ROBINSON MANAGER 05/01/2016
Electronic Signature of Signing Authorized Person(s) Detail Date