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Jones Benetiz Corp ITQ PR2014 05 4.18.14�,. CITY OF SOUTH MIAMI Smith Miami INVITATION TO QUOTE I I ITQ #PR- 2014 -05 LUMP SUM PROPOSAL ` SUBMITTED TO: City Clerk PROJECT: Sidewalk Repair Marshall Williamson Park NAME: Maria Menendez, CIVIC ADDRESS: 6130 Sunset Drive ADDRESS: 6130 Sunset Drive CITY /STATE: South Miami, Fl 3143 CITY /STATE: Miami, Florida 33134 ISSUE DATE: Thursday, April 3, 2014 PHONE: 305- 663 -6339 EMAIL: skulick @southmiamlfl.goy MANDATORY PRE -QUOTE MEETING: Friday, April 11, 2014 at 10:00 AM DUE DATE: Friday, April 18, 2014 at 10:00 AM QUOTE SUBMISSION REQUIREMENTS: Quotes submitted after 10:00 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: SIDEWALK REPAIR MARSHALL WIWAMSON PARK Must input project name. If label does not have all information above your quote will not be accepted. INSURANCE REQUIREMENTS: The CITY'S insurance requirements are attached (Exhibit 1). As a condition of award, the awarded vendor must provide a certificate of insurance naming the city as additional insured. AFFIDAVITS REQUIRED WITH SUBMITTAL: (Exhibit 2) Respondents must complete and submit with your quote affidavits provided in Exhibit 2. COMMUNITY DEVELOPMENT BLOCK GRANT (Exhibit 3) This project is funded through a federal grant, community Development Block Grant, (CDBG), through Miami -Dade County. Proposers MUST comply with CDBG requirements. Refer to Exhibit 3 to Bid Package. QUESTIONS: Any Reouests for additional Information or Questions must be in wrl0nn, amaIled by 10'00 AM local time on April 16, 2014 to attentfo Mr. Steven Kullck Pu rchpsing Man an r at 4kylickd0southmiam lf). ov. SCOPE OF WORK DESCRIPTION (TO BE COMPLETED BY CITY): Please Refer to the attached "Scope of Services" DESCRIPTION OF WORK TO BE PERFORMED BY CONTRACTOR: Number Item Description LUMP SUM TOTAL Unit I Qty I Amount LUMP SUM TOTAL Contractor shall furnish all materials and equipment necessary to secure completion of the work. Contractor shall be compensated according to the quote submitted. A Mandatory Pre -quote meeting is scheduled: Friday, April 11, 2014 at 30 AM at City Commission Chambers at 6130 Sunset Drive, South Miami, FI 33143. Contractor is res onslble to secure all permits and and should be reflected in the Lump Sum quote. Contractor may choose to submit a quote on company letterhead but must be be attached with this form. Deadline to submit is: Friday, April 18, 2014 at 30 AM Printrrype Name: t Phone: 305 772 8 6 0 9 Signature: Date: 4/17/2014 E-mail: Wette@ esbenitSU.com Fax: Firm Name: LTC)nG's Benzte Co Dratzan F.E.I.N.No.:_AL 31 �I�I�J��_2 Address: 1487V sw 45th our city: Miramar State: FL THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL NON - RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE PROPOSER TO THE TERMS OF ITS OFFER. THE CRY'S REQUEST FOR QUOTES Is FOR THE LOWEST AND MOST RESPONSIVE PRICE. THE CITY RESERVES THE RIGHT TO AWARD THE PROJECT TO THE FIRM CONSIDERED THE BEST To SERVE THE QTY'S INTEREST. ATTACHMENT #I PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes — "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded to perform work as a Contractor, supplier, Subcontractor, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list'. The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. BIDDERS must disclose with their Bids, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of South Miami or its agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. I. This sworn statement is submitted to City of South Miami [print name of the public entity] by Yvette Benitez [print individual's name and title] for Jones Benitez Corporation [print name of entity submitting sworn statement] whose business address is 14877 SW 45th Court Miramar FL 33027 and (if applicable) its Federal Employer Identification Number (FEIN) is 46-2302687 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: .) 2. 1 understand that a "public entity crime" as defined in Paragraph 287.133 (1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or Page 2 of 10 without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July I, 1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilty or nolo contender. 4. 1 understand that an "affiliate" as defined in Paragraph 287.133 (1)(a), Florida Statutes, means: (a) A predecessor or successor of a person convicted of a public entity crime; or (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in any person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. 1 understand that a "person" as defined in Paragraph 287.133 (1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services led by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] X 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 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. {attach a copy of the final order.] Page 3 of 10 Continuation of Attachment #2 Public Entity Crimes and Conflicts I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. [si ure] Sworn to and subscribed before me this day of 20 Personall y own or known Produced identification Notary Public — State of F(fir)'C &-' My commission expires (Type of identification) (Printed, typed or stamped commissioned name of notary public) Form PUR 7068 (Rev.06 /11/92) ARLEY CREAMER -� MY COMMISSION # EE173300 EXPIRES February 27.2018 [dOr 4Fi8-0193 FWdaNal lw.a= Page 4 of 10 ATTACHMENT #2 "DRUG FREE WORKPLACE" Whenever two or more Bids which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: I. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in Subsection (1). 4. In the statement specified in Subsection (1), notify the employees, that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contender to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. S. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. PROPOSER's Signature: Print Name: Y ette Benitez Date: 4/17/2014 Page 5 of 10 ATTACHMENT #3 "NO CONFLICT OF INTEREST /NON COLLUSION AFFIDAVIT" Submitted this 17 day of April , 2p_1-4 , The undersigned, as Bidder /Proposer, declares that the only persons interested in this RFP are named herein; that no other person has any interest in this RFP or in the Contract to which this RFP pertains; that this response is made without connection or arrangement with any other person; and that this response is in every respect fair and made in good faith, without collusion or fraud. The Bidder /Proposer agrees if this response/submission is accepted, to execute an appropriate CITY document for the purpose of establishing a formal contractual relationship between the Bidder /Proposer and the CITY, for the performance of all requirements to which the response/submission pertains. The Bidder /Proposer states that this response is based upon the documents identified by the following number: Bid /RFP The full -names and residences of persons and firms interested in the foregoing bid /proposal, as principals, are as follows: The Bidder /Proposer further certifies that this response/submission complies with section 4(c) of the Charter of the City of Miami, Florida, that, to the best of its knowledge and belief, no Commissioner, Mayor, or other officer or employee of the CITY has an interest directly or indirectly in the profits or emoluments of the Contract, job, work or service to which the response/submission pertains. Signature: Printed Name: Y ette Benitez Title: President Telephone: 3 0 5 * Company Name Jones Benitez Corporation Continuation of Attachment #3No Conflict of inter /Non - Collusion Certification Page 6 of 10 • Yvette Benite 14877 SW 45th Court Miramar FL 33027 The Bidder /Proposer further certifies that this response/submission complies with section 4(c) of the Charter of the City of Miami, Florida, that, to the best of its knowledge and belief, no Commissioner, Mayor, or other officer or employee of the CITY has an interest directly or indirectly in the profits or emoluments of the Contract, job, work or service to which the response/submission pertains. Signature: Printed Name: Y ette Benitez Title: President Telephone: 3 0 5 * Company Name Jones Benitez Corporation Continuation of Attachment #3No Conflict of inter /Non - Collusion Certification Page 6 of 10 NOTARY PUBLIC: STATE OF r(D da- COUNTY OF 6rV Wa4 a The rego' g instrument was acknowledged before mf thisday of 24 C by �1 �1 _C�,t r . (name of person whose signature is being notarized) who is Personally known to me, or SEAL ARLEY CREAMER MY COMMISSION # EE173300 EXPIRES February 27.2016- Personal identification: Type of Identification Produced � take an oath, or Did Not take an oath. Name of Notary Public: Print, Stamp or type as commissioned.) AILURE TO COMPLETE, SIGN & RETURN THIS FORM MAY DISQUALIFY YOUR RESPONS E Page 7 of 10 ATTACHMENT ##4 "ACKNOWLEDGEMENT AND CONFORMANCE WITH OSHA STANDARDS" TO THE CITY OF SOUTH MIAMI We, Jones Benitez Corporation (Name of Contractor), hereby acknowledge and agree that as Contractors for this Solicitation, as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South Miami against any and all liability, claims, damages, losses and expenses they may incur due to the failure of (subcontractor's names): N/A to comply with such act or regulation. CONTRACTOR Jones Benitez Corporation Witness rr � y.r President Title FAILURE TO COMPLETE SIGN. & RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE Page 8 of 10 ATTACHMENT #5 "RELATED PARTY TRANSACTION VERIFICATION FORM" Yvette Benitez , individually and on behalf of Jones Benitez Corp ( "Firm ")have Name of Representative Company /Vendor /Entity read the City of South Miami ( "City')'s Code of Ethics, Section 8A- 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. (1) neither I nor the Firm have any conflict of interest (as defined in section 8A -1) with regard to the contract or business that 1, and /or the Firm, am(are) about to perform for, or to transact with, the City, and (2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in section 8A -1, who is an employee of the City or who is(are) an appointed or elected official of the City, or who is(are) a member of any public body created by the City Commission, i.e., a board or committee of the City[See Note #1 below], and (3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) has transacted or entered into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted with the city, or with any person or agency acting for the city, other than as follows: N/A (if necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph on to the additional sheet which additional sheet must be signed under oath). [See Note #I below]; 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: N/A (if necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph on to the additional sheet which additional sheet must be signed under oath). The names of all City employees and that of all elected and /or appointed city officials or board members, who own, directly or indirectly, an interest of five percent (5 %) or more of the total assets of capital stock in the firm are as follows: N/A (if necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph on to the additional sheet which additional sheet must be signed under oath). [See Note #1 below] (5) 1 and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public, for our personal gain or Note # I: While the ethics code still applies, if the person executing this form is doing so on behalf of a firm with more than 15 employees, the statement in this section shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of employees; if the firm is a publicly traded company, the statement in this section shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of employees or of those who have a financial interest in the Firm or of the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or appointed official or employee or as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members. 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) 1 and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting for the City, and that we have not appeared in representation of any third party before any board, commission or agency of the City within the past two years other than as follows: N/A (if necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph on to the additional sheet which additional sheet must be signed under oath). (7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows: N/A (if necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph on to the additional sheet which additional sheet must be signed under oath). [See Note #1 below]; and. (8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties ") has responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons' immediate family (i.e. spouse, parents, children, brothers and sisters) have also responded, other than the following: N/A (if necessary use a separate sheet to supply additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph on to the additional sheet which additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (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) 1 and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. (10) A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the imposition of the maximum fine and /or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. Under penalty of perjury, I declare that I N/A Note # 1: While the ethics code still applies, if the person executing this form is doing so on behalf of a firm with more than 15 employees, the statement in this section shall be based solely on the signatory's personal knowledge and he/she Is not required to make an independent investigation as to the relationship of employees; if the firm is a publicly traded company, the statement in this section shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of employees or of those who have a financial interest in the Firm or of the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or appointed official or employee or as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members. have made a diligent effort to investigate the matters to which I am attesting hereinabove and that the statements made hereinabove prgArue-w)d correct to the best of my knowledge, information and belief. Signat Print I Date: ATTACHED: Sec. 8A -I - Conflict of interest and code of ethics ordinance. Municode Page I OR Sec. 8A -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: (1) 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 clerk, city manager and city attorney, however titled. (6) The term "employees" shall refer to all other personnel employed by the city. (7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or to be conferred, in return for services rendered or to be rendered. (8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm, partnership, or other business entity at the time of transacting business with the city. (9) The term "immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person involved. (10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services for consideration and to submitting a bid, a proposal in response to a RFP, a statement of qualifications in response to a request by the city, or entering into contract negotiations for the provision on any goods or services, whichever first occurs. (c) Prohibition on transacting business with the city. Note # I: While the ethics code still applies, if the person executing this form is doing so on behalf of a firm with more than 15 employees, the statement in this section shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of employees; if the firm Is a publicly traded company, the statement in this section shall he based solely on the signatory's personal knowledge and he/she Is not required to make an independent investigation as to the relationship of employees or of those who have a financial interest in the Firm or of the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or appointed official or employee or as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members. No person included in the terms defined in paragraphs (b)(1) 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: (1) 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: (1) An open -to -all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2), (3) and (4); (2) The proposal has been submitted by a person or firm offering services within the scope of the practice of architecture, professional engineering, or registered land surveying, as defined by the laws of the state and pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been submitted by a city person defined in paragraphs (b)(2), (3) and (4); (3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself of such property or services without entering a transaction which would violate this subsection but for waiver of its requirements; and (4) That the proposed transaction will be in the best interest of the city. This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a transaction entered in violation of this subsection. Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining to the same subject matter. (d) Further prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(1) 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)(1) 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: (1) 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)(1) 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)( 1) who has any of the specified relationships or who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on or participate in any way in the matter. (E) Gifts. (I)Definition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of money, service, loan, travel, entertainment, hospitality, item or promise, or in any other form, without adequate and lawful consideration. (2)Exceptions. The provisions of paragraph (e)(1) shall not apply to: a. Political contributions specifically authorized by state law; Note # I: While the ethics code still applies, if the person executing this form is doing so on behalf of a firm with more than 15 employees, the statement in this section shall be based solely on the signatory's personal knowledge and he/she Is not required to make an independent investigation as to the relationship of employees; if the firm is a publicly traded company, the statement in this section shall be based solely on the signatory's personal knowledge and he /she Is not required to make an independent investigation as to the relationship of employees or of those who have a financial interest in the Firm or of the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or appointed official or employee or as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members. 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)(1) 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)(1) through (6), or for any person included in the terms defined in paragraphs (b)(1) 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)(1); 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)(1) through (6) shall disclose any gift, or series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by filing a copy of the disclosure form required by chapter 112, Florida Statutes, for "local officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the Florida Secretary of State. (f) Compulsory disclosure by employees of firms doing business with the city. Should any person included in the terms defined in paragraphs (b)(1) through (6) be employed by a corporation, firm, partnership or business entity in which that person or the immediate family does not have a controlling financial interest, and should the corporation, firm, partnership or business entity have substantial business commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency, then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city. (g) Exploitation of official position prohibited. No person included in the terms defined in paragraphs (b )(1) through (6) shall corruptly use or attempt to use an official position to secure special privileges or exemptions for that person or others. (h) Prohibition on use of con f ldential information. No person included in the terms defined in paragraphs (b)(1) through (6) shall accept employment or engage in any business or professional activity which one might reasonably expect would require or induce one to disclose confidential information acquired by reason of an official position, nor shall that person in fact ever disclose confidential information garnered or gained through an official position with the city, nor shall that person ever use such information, directly or indirectly, for personal gain or benefit (i) Conflicting employment prohibited. No person included in the terms defined in paragraphs (b)(1) through (6) shall accept other employment which would impair independence of judgment in the performance of any public duties. 0) Prohibition on outside employment. (1) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an officer or employee of the city from any source other than the city, except as may be permitted as follows: a. Generally prohibited. No full -time city employee shall accept outside employment, either incidental, occasional or otherwise, where city time, equipment or material is to be used or where such employment or any part thereof is to be performed on city time. Note # I: While the ethics code still applies, if the person executing this form is doing so on behalf of a firm with more than 15 employees, the statement in this section shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent Investigation as to the relationship of employees; if the firm is a publicly traded company, the statement in this section shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of employees or of those who have a financial interest in the Firm or of the financial interest in the Finn of city employees, appointed officials or the immediate family members of elected and/or appointed official or employee or as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members. b. When permitted. A full -time city employee may accept incidental or occasional outside employment so long as such employment is not contrary, detrimental or adverse to the interest of the city or any of its departments and the approval required in subparagraph c. is obtained. c. Approval of department head required. Any outside employment by any full -time city employee must first be approved in writing by the employee's department head who shall maintain a complete record of such employment. d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in section I -I I of the Code of Miami -Dade County and, in addition shall be subject to dismissal by the appointing authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation incurred by the city. (2) All full -time city employees engaged in any outside employment for any person, firm, corporation or entity other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the source of the outside employment, the nature of the work being done and any amount of money or other consideration received by the employee from the outside employment. City employee reports shall be filed with the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city manager may require monthly reports from individual employees or groups of employees for good cause. (k) Prohibited investments. No person included in the terms defined in paragraphs (b)(1) 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. (1) Certain appearances and payment prohibited. (1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall appear before any city board or agency and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question. (2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city commission or agency on which the person serves, either directly or through an associate, and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking some benefit from the city commission or agency on which the person serves in connection with the particular benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such person serves through the suit in question. (m) Actions prohibited when financial interests involved. No person included in the terms defined in paragraphs (b) (1) 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)(1) through (6) shall acquire a financial interest in a project, business entity or property at a time when the person believes or has reason to believe that the financial interest may be directly affected by official actions or by official actions by the city or city agency of which the person is an official, officer or employee. (0) Recommending professional services. Note # 1: While the ethics code still applies, if the person executing this form is doing so on behalf of a firm with more than 15 employees, the statement in this section shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of employees; if the firm is a publicly traded company, the statement in this section shall be based solely on the signatory's personal knowledge and helshe is not required to make an independent investigation as to the relationship of employees or of those who have a financial Interest in the Finn or of the financial interest in the Finn of city employees, appointed officials or the immediate family members of elected and/or appointed official or employee or as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their Immediate family members. No person included in the terms defined in paragraphs (b)(1) 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. (1) No person included in the terms defined in paragraphs (b)(1), (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)(1) through (6)] in connection with any judicial or other proceeding, application, RFP, RFQ, bid, request for ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular subject matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request or application to a city department or agency during the two -year period after his or her service has ceased. (2) The provisions of the subsection shall not apply to persons who become employed by governmental entities, 501(c)(3) non - profit entities or educational institutions or entities, and who lobby on behalf of those entities in their official capacities. (3) The provisions of this subsection shall apply to all persons described in paragraph (p)(1) 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)(1) 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)(1) 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)(1) through (6) and paragraph (b)(9) is in doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall then render an opinion to such person and shall publish these opinions without use of the name of the person advised unless the person permits the use of a name. (Ord. No. 6 -99 -1680, § 2, 3 -2 -99) Editor's note- Ord. No. 6-99 -1680, § I, adopted 3 -2 -99, repealed §§ 8A -I and 8A -2 in their entirety and replaced them with new §§ 8A -I and 8A -2. Former §§ 8A -I and 8A -2 pertained to declaration of policy and definitions, respectively, and derived from Ord. No. 634, §§ I (I A -1), 1 (1 A -2) adopted Jan ...I 1, 1969. Note # I: While the ethics code still applies, if the person executing this form is doing so on behalf of a firm with more than Is employees, the statement in this section shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent Investigation as to the relationship of employees; if the firm is a publicly traded company, the statement In this section shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of employees or of those who have a financial Interest in the Firm or of the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected andlor appointed official or employee or as to the relationship by blood or marriage of employees, afficers, 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. STATEMENT OF BIDDER'S CONSTRUCTION EXPERIENCE To be submitted by each Bidder with requested information and documentation with the Bid package All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, add separate sheets for items marked "". Prime Contractor: Jones Benitez Corporation 2. Prime Contractor Address: 14877 SW 45th Court Miramar FL 33027 3. Name of each principal officer of corporation, partner, firm or individual: Yvette Benitez 4. Gender and Ethnicity of Principals: Female Hispanic Jeff Jones i6. Years in Business: 1 7. U.S. Treasury Number. (Employer's Identification number; Federal Social Security number used on Employer's quarterly Federal Tax/return, U.S. Treasury Department. License Number: CGC061117 State: FL Contractor's Certification Categories: Certified General Contractor 9. Contracts completed in the last five years (include the months and year completed, use additional pages, if needed) 12th Ave Linear Park Sidewalk Improvements 10. Contractor's on -going construction projects (Schedule these, showing gross amount of each contract and the approximate anticipated dates of completion). N/A 11. Have you ever failed to complete any work awarded to your. company? No If so, where and Why? Page 1 of 2. 3- STATEMENT OF BIDDER'S CONSTRUCTION EXPERIENCE MiarnWsde County PNCD Page 4 12. Have you ever defaulted on a Contract? No Please explain on a separate sheet. 13. Through what personnel or affiliations do you propose to provide knowledge of local design and construction problems and methods? Foreman & Finishers have local expertise in concrete placment for FDOT Ml a) The undersigned has attached a detailed financial statement and furnish any other information that may be required by Miami -Dade Office of Community and Economic Development? The Bidder promises to defend, indemnify and hold harmless the city of S - Miami (agency name) and Miami -Dade County with regard to any disclosures or information received ether at trial, in arbitration or on appeal. 15. The B r authorizes any person, firm corporation, organization or governmental unit to ac ,o ,p copy of the submitted financial statement. 17. The 4ndersigned hereby authorizes and requests any person, firm, corporation, or governmental unit, to furnish any information requested by the (name of aaencw) in verification of the recitals comprising this statement of bidder's SUBSCRII:3ED AND SWORN TO (or affirmed) before me on ALLat_lh ff _� Date 16 LL By L4 (�Q ! 7 He /She is personally known to me or has presented (A rant) . as identification. (Type of identifl n) (Signature of Notary) Number) (Print or Stamp Name of Notary) (Expiration Date) s'^ ARLEY CREAMER Notary Notary Seal MY comml ` ,t'iW ff EEIrM U EXPIRES February 27.2078 (State) FU ri Public ^o Ch__ Flasldas&farykgrvnw ,uxn Page 2 of 2 3- STATEMENT OF BIDDER'S CONSTRUCTION EXPERIENCE Miami -Dade County PHCD Page 5 CERTIFICATION RECEIPT This is to acknowledge receipt of a copy of the U.S. Department of Housing and Urban Development Federal Labor Standards Provisions (HUD Form 4010) concerning the project Sidewalk Repair at Marshall Williamson Park (Name of Project) Further, I hereby certify that I have on this date, read, examined, understood and acknowledge the contents of U.S. Department of. Labor requirements, particularly the requirements contained in Wage General Decision Number FL140168 2 02121/2014 FL168- Hea that is applicable to this project. I hereby agree to abide by the requirements of the Federal Labor Standards Provision issued by the United States Department of Housing and Urban Development and described in Form HUD -4010 and those requirements contained in Wage General Decision Number FL140168 2 02121/2014 FL168 — Heavy for this project. Agency Name: Em la er ID MFID #: Jones Benitez Corporation 46- 2302687 Full Address (including City, ST and Zip) and Email Address 14877 SW 45th Court Miramar, FL 33027 Authorized Signature: Print Name: Title: Yvette Benitez President Check one, as applicable: X Contractor Subcontractor Other 4 - CERTIFICATION RECEIPT Miami -Dade County PHCD Page 6