Res No 082-17-14883RESOLUTION NO: 082-17-14883
A Resolution authorizing the City Manager to enter into a multi-year
professional services agreement with AMEC Foster Wheeler for
consulting services to improve the City's score in the Community
Rating System (CRS) program.
WHEREAS, the National Flood Insurance Program's (NFIP) Community Rating
System (CRS) is a voluntary program that encourages floodplain management activities
that exceed the NFIP minimum requirements; and
WHEREAS, as a result of these activities, flood insurance premium rates are
discounted to reflect the reduced flood risk; and
WHEREAS, the City issued a Request for Qualifications (RFQ) to review the
City's current CRS Program and prepare the City to improve its CRS classification from
7to 6; and
WHEREAS, a Selection Committee comprised of City staff reviewed the
proposals received on January 18,2017; and
WHEREAS, the Selection Committee scored and ranked the respondents; and
WHEREAS, based on the final scores and rankings, the Selection Committee
recommended AMEC Foster Wheeler for Phase II of the Selection Process; and
WHEREAS, AMEC Foster Wheeler was the highest ranked respondent by the
Selection Committee and contract negotiations were initiated and successfully completed;
and
WHEREAS, expenditures in the amount of $14,775.00 for consulting services
rendered by AMEC Foster Wheeler shall be charged to the Planning and Zoning
Department "Contractual Services" account, account #001.1620.524.3450 which has a
balance of $92,875; and
WHEREAS, the professional services agreement with AMEC Foster Wheeler
shall expire after eight months once the Notice to Proceed has been issued.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. The City Manager is authorized to enter into a professional service
agreement with AMEC Foster Wheeler for professional CRS consulting services which
shall expire after eight months once the Notice to Proceed has been issued. A copy of the
contract is attached.
Section 2. Severability. If any section, clause, sentence, or phrase of this
resolution is for any reason held invalid or unconstitutional by a court of competent
jurisdiction, this holding shall not affect the validity of the remaining portions of this
resolution.
Page 1 of2
Res. No. 082-17-14883
Section 3. Effective Date: This resolution shall take effect immediately upon
enactment.
PASSED AND ADOPTED this1~ day of April ,2017.
ATTEST: APPROVED:
COMMISSION VOTE: 5-0
READ AND
LANGUA Mayor Stoddard: Yea
E Vice Mayor Welsh: Yea
Commissioner Edmond: Yea
Commissioner Harris: Yea
Commissjoner Liebman: Yea
Page 2 of2
To:
FROM:
DATE:
SUBJECT:
BACKGROUND:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor & Members of the City Commission
Steven Alexander, City Manager
Agenda Item No.: g April 18, 2017
A Resolu~ion authorizing the City Manager to enter into a multi-year
professional services agreement with AMEC Foster Wheeler for
consulting services to improve the City's score in the Community Rating
System (CRS) program.
The Community Rating System (CRS) is a program that helps to reduce
damage to insurable building, saves lives, and reduces the cost of flood
insurance for policy holders. The City of South Miami recognizes the
importance of this program to ensure residents are better protected and
the cost of flood insurance is reduced even further. As such we prepared
a proposal to provide CRS Program Support services and for an upcoming
Modification Visit to lower the City's CRS classification from 7 to 6 or
better. This reduction in the rating will be beneficial to our residents.
The City issued a Request for Qualifications (RFQ) to review the City's
current Community Rating System (CRS) Program and prepare the City to
improve its CRS classification from 7 to 6, in accordance with Florida
Statute 287.055, "Consultants Competitive Negotiation Act." Two (2)
proposals were received in response to the RFQ. The scope is detailed
on page 38 of the RFQ. '
A selection committee, comprised of Shari Kamali/Deputy City Manager,
Jane Tompkins/Planning Director and Chairperson, Marcus
lightfoot/Senior Planner, reviewed, scored and ranked the respondents
on January 18, 2017. Based on the final scores and rankings, the
selection committee recommended AMEC Foster Wheeler for contract
negotiations. The combined final rankings are below:
Selection Committee: FINAL RAN KINGS -January
18,2017
Evaluator AMEC Foster CRS Max
Wheeler Consultants
Shari Kamali 91 78
Jane Tompkins '100 75
Marcus lightfoot 100 90
TOTAL 291 243
.(,i1.
South'Miami
THE CITY dFl'lEASANT LIVING
VENOORS&
PROPOSAL AMOUNT:
FUNO&
ACCOUNT:
AnACHMENTS:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
As AMEC Foster Wheeler was identified by the Selection Committee as
the highest ranked firm, contract negotiations were initiated and
successfully completed.
Please refer to the consultant contract and fee schedules.
·Expenditures in the amount of $14,775.00 for consulting services related·
to this contract shall be charged to Planning and Zoning Department's
"Contractual Services" account, account #001.1620.524.3450 which has a
balance of $92,875.
Resolution
RFQ #PL2016-23
Bid Advertising
Demand Star Results
Pre-bid Sign-in Sheet
Bid Opening Report
AMEC Foster Wheeler Proposal
Selection Committee Final Rankings
Professional Servic.es Agreement, AMEC Foster Wheeler
Sun-Biz Report
(ti1
. Southf'Miami
. TH£C:J.1VOF;Pl.f.ASAJIlT Uy!t.((;
CITY OF SOUTH MIAMI
~~Community Rating System Program Services"
RFQ #PL20 16-23
Submittal Due Date: December 21, 2016 at lOAM
Solicitation Cover Letter
The City of South Miami, Florida (hereinafter referred to as "CSM") through its chief executive
officer (City Manager) hereby solicits sealed responses to the City's request (hereinafter
referred to as "Request for Qualifications" or "RFQ"). The City desires to retain a
professional consultant to prOVide services as required under a 'Jon-exclusive professional
services contract. Selection of consultants shall be in accordance with Florida
Statute 287.055, "Consultants Competitive Negotiation Act." All references in this
Solicitation (also referred to as an "Invitation for Proposals" or "Invitation to Bid") to "City"
shall be a reference to the City of South Miami or the City Manager (or manager's designee),
for the City of South Miami as the context warrants or unless otherwise specifically defined.
The City is hereby requesting sealed proposals in response to this RFQ #PL20 16-23 titled
"Community Rating System Program Services" The purpose of this RFQ is to contract
for the services necessary for the completion of the project in accordance. with the Scope of
Services, Exhibit I,), described in this RFQ (hereinafter referred to as "the Project" or
"Project").
Interested persons who wish to respond to this RFQ can obtain the complete RFQ package at
the City Cl.erk's office Monday through Friday from 9:00 A.M. to 4:00 P.M. or by accessing the
follOWing webpage: http://www.southmiamifl.gov/ which is the City of South Miami's web
address for. solicitation information. Proposals are subject to the Standard Terms and
Conditions contained in the complete RFQ Package, including all documents listed in·the RFQ.
The Proposal Package shall consist of one (I). original unbound proposal, five (5) additional
copies, 3-ring binders are not permitted, and one (I) digital (or comparable medium
including Flash Drive, OVO or CD) copy all of which shall be delivered to the Office of the
City Clerk located at South Miami City Hall, 6130 Sunset Drive, South Miami, Florida 33143.
The entire Proposal Package shall be enclosed in a sealed envelope or container and shall have
the following Envelope lnformation clearly printed or written on the exterior of the envelope'
or container in which the sealed proposal is delivered: "Community Rating System
Program Services," RFQ #PL20 16-23 and the name of the Respondent (person or entity
responding to the RFQ). Special envelopes such as those provided by UPS or Federal Express
will not be opened unless they contain the required Envelope Information on the front or back
of the envelope. Sealed Proposals must be received by Office of the City Clerk, either by mail
or hand delivery, no later than I 0:00 AM local time on December 21, 20 16. Hand
delivery must be made Monday through Friday·from 8 A~ to 5 PM to the office of
City Clerk.'
A public opening will take place at 10:00 AM on the same date in the City Commission
Chambers located at City Hall, 6130 Sunset Drive, South Miami 33143. Any Proposal received
after 10 A.M. local time on said date will not be accepted under any circumstances. Any
uncertainty regarding the time a Proposal is received will be resolved against the person
submitting the proposal and in favor of the Clerk's receipt stamp.
A Non-Mandatory Pre-Proposal Meeting will be conducted at City Hall in the
Commission Chambers located at 6130 Sunset Drive, South Miami, FI 33 143 on
December 7, 2016 at lOAM. The conference shall be held regardless of weather
conditions. Proposals are subject to the terms, conditions and provisions of this letter as well as
to those provisions, terms, conditions, affidavits and documents contained in this RFQ Package.
The City reserves the right to reject all responses to this RFQ and to reject all persons who
respond to this solicitation, as well as the right of the City to waive any irregularity in the
responses to this RFQ or "the RFQ procedure and the right to award a continuing service
contract to more than one Respondent when they are all of equal rank.
Thomas F. Pepe"
10/13/2016
2
Maria M. Menendez, CMC
City Clerk
City of South Miami
· SCOPE OF SERVICES and SCHEDULE OF VALUES
IICommunity Rating System Program Services RFQ"
RFQ #PL20 16-23
The Scope of Services and the Schedule of Values, if any, are set forth in the attached
EXHIBIT I.
Thomas F. Pepe
10/13/2016
END OF SECTION
3
SCHEDULE OF EVENTS
flCommunity Rating System Program Services RFQ"
RFQ #PL20 16-23
No Event
I Advertisement! Distribution of Solicitation & Cone of
Silence begins
2
Non Mandatorx: Pre-RFO Meeting
3
Deadline to Submit Questions
4
Deadline to City Responses to Questions
5
Deadline to Submit RFQ-Response
6 Projected Announcement of selected Co"ntractor/Cone
of Silence ends
END OF SECTION
Thomas F. Pepe
1011312016
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Date*
1111512016
12/7/2016
12/1.2/20 16
1211512016
12/21/2016
2/7/2017
Tiine*
(EST)
1:00 PM
10:00 AM
.10:00 AM
10:00 AM
10:00 AM
7:00 PM
INSTRUCTIONS for RESPONDENT
"Community Rating System Program Services RFQ"
RFQ #PL20 16-23
IT IS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE
THAT THE RESPONSE TO THE SOLICITATION (HEREINAFTER ALSO REFERRED TO AS
THE "PROPOSAL" THROUGHOUT THE CONTRACT DOCUMENTS) REACHES THE CITY
CLERK ON OR BEFORE THE CLOSING HOUR AND DATE STATED ON THE RFQ FORM.
I. Purpose of RFQ. The City of South Miami is requesting proposals pursuant to Florida
Statute 287-055 to retain a Consultant under a professional service contract to perform
work, in accordance with Exhib-it #1 "Scope of Services." The City reserves the right to
award the contract to the Respondent who is the best qualified pursuant to the "Evaluation
and Selection Criteria" set forth in Exhibit #5 and with whom the City Manager is able to
negotiate a satisfactory contract that is in the best interest of the City. -
2. Qualification of Proposing Firm. Response submittals to this RFQ will be considered from
firms normally engaged in providing the services requested. The proposing firm must
demonstrate adequate experience, organization, offices, equipment and personnel to ensure
prompt and efficient service to the City of South Miami. The City reserves the right, before
recommending any award, to inspect the offices and organization or to take any other
action necessary to determine ability to perform in accordance with the specifications,
terms and conditions. The City of South Miami will determine whether the evidence of
ability to perform is satisfactory and reserves the right to rejec~ all response submittals to
this RFQ where evidence submitted, or investigation and evaluation, indicates inability of a
firm to perform.
3. Deviations from Specifications. The awarded firm shall clearly indicate, as applicable, all
areas in which the services proposed do not fully comply with the requirements of this
RFQ. The decision as to whether an item fully complies with the stated requirements rests
solely with the City of South Miami.
4. Designated Contact. The awarded firm shall appoint a person to act as a primary contact
with the City of South Miami. This person or back-up shall be readily available during
normal work hours by phone, email, or in person, and shall be knowledgeable of the terms
of the contract.
5. Precedence of Conditions. The proposing firm, by virtue of submitting a response, agrees
that City's General Provisions, Terms and Conditions herein will take precedence over any
terms and conditions submitted with the response, either appearing separately as an
attachment or included within the Proposal. The Contract Documents have been listed
below in order of precedence, with the one having the most precedence being at the top of
the list and the remaining documents -in descending order of precedence. This order of
precedence shall apply, unless clearly contrary to the specific terms of the Contract or
General Conditions to the Contract:
a) Attachment/Exhibits to Supplementary Conditions
b) Supplementary Conditions to Contract, if any
c) Addenda to RFQ
d) Attachments/Exhibits to RFQ
e) RFQ
f) Attachment/Exhibits to Contract
g) Contract
Thomas F. Pepe
10/13/2016
5
h) General Conditions to Contract, if any
i) Respondent's Proposal
6. Response Withdrawal. After Proposals are opened, corrections or modifications to
Proposals are not permitted, but the City may allow the proposing firm to withdraw an
. erroneous Proposal prior to the confirmation of the proposal award by City Commission, if
all of the following is established:
a) The proposing firm acted in good faith in submitting the response;
b) The error was not the result of gross negligence or willful inattention on the part of
the firm; .
c) The error was discovered and communicated to the City within twenty-four (24)
hours (not including Saturday, Sunday or a legal holiday) of opening the proposals
received, along with a request for permission to withdraw the firm's Proposal; and
d) The firm submits an explanation in writing, signed under penalty of perjury, stating
how the error was made and delivers adequate documentation to the City to
support the explanation and to sho.w that the error was "not the result of gross
negligence or willful inattention nor made in bad faith.
7. The terms, provisions, conditions and definitions contained in the Solicitation Cover Letter
shall apply to these instructions to Respondents and they are hereby adopted and made a
part hereof by reference. If there is a conflict between the Cpver Letter and these
instructions, or any other provision of this RFQ, the Cover Letter shall govern and take
precedence over the conflicting provision(s) in the RFQ.
8. Any questions concerning the Solicitation or any required need for clarification must be
made in writing, by lOAM on December 12. 2016 to the attention of Steven P. Kulick
at skulick@southmiamifl.gov or via facsimile at (305) 663-6346.
9. The issuance of a written addendum is the only official method whereby interpretation
and/or clarification of information can be given. Interpretations or clarifications, considered
necessary by the City in response to such questions, shall be issued by a written addendum
to the RFQ Package (also known as "RFQ Specifications" or "~FQ") by U.S. mail, e-mail or
other delivery method convenient to the City and the City will notify all prospective firms
via the City's website.
10. Verbal interpretations or clarifications shall be without legal effect. No plea. by a
Respondent of ignorance or the need for additional information shall exempt a Respondent
from submitting the Proposal on the required date and time as set forth in the public notice.
I I. Cone of Silence: You are hereby advised that this Request for Qualifications is subject to"
the "Cone of Silence," in accordance with Miami-Dade County Ordinance Nos. 98106 and
99-1. From the time of advertising until the City Manager issues his recommendation, there"
is a prohibition on verbal communication with the City's professional staff, including the
City Manager and his staff. All written communication must comply with the requirements
of the Cone of Silence. The Cone of Silence does not apply to verbal communications at
pre-proposal conferences, verbal presentations before evaluation committees, contract
discussions during any duly noticed public meeting, public presentations made to the City
Commission during any duly notice public meeting, contract negotiations with the staff
following the City Manager's written recommendation for the award of the contract, or
communications in writing at any time with any City employee, official or member of the
City Commission un"less specifically prohibited. A copy of a" written communications must
be contemporaneously filed with the City Manager and City Clerk. In addition, you are
Thomas F. Pepe
1011312016
6
required to comply with the City Manager's Administrative Order AO 1,-15. If a copy is not
attached, please request a copy from the City's Procurement Division.
WITH REGARD TO THE COUNTY'S CONE OF SILENCE EXCEPTION
FOR WRITTEN COMMUNICATION" PLEASE BE ADVISED THAT,
NOTWITHSTANDING THE MIAMI-DADE COUNTY EXCEPTION FOR
WRITTEN COMMUNICATION THE COUNTY'S RULES PROHIBITING
VERBAL, COMMUNICATION DURING AN ESTABLISHED CONE OF
SILENCE SHALL, WITH REGARD TO THIS SOLICITATION, ALSO APPLY
TO ALL WRITTEN COMMUNICATION UNLESS PROVIDED OTHERWISE
BELOW. THEREFORE, WHERE THE CITY OF SOUTH MAIMI CONE OF
SILENCE PROHIBITS COMMUNICATION, SUCH PROHIBITION SHALL
-APPLY TO BOTH VERBAL AND WRITTEN COMMUNICATION.
Notwithstanding the foregoing, the Cone of Silence shall not apply to ...
(I) Duly noticed site visit$ to determine the competency of bidders regarding
a particular bid during the time period between the opening of bids and the
time that the City Manager makes his or her written recommendation;
(2) Any emergency procurement of goods or s'ervices pursuant to the Miami-
Dade County Administrative Order 3-2;
(3) Communications regarding a particular solicitation between any person
and the procurement agent or contracting officer responsible for
administering the procurement process for such solicitation, provided the
communication is limited strictly to matters of process or procedure already
contained in the corresponding solicitation document; and
(4) Communications regarding a particular solicitation' between the
procurement agent or contracting officer, or their designated secretarial}
clerical staff responsible for administering the procurement process for such
solicitation and a member of the selection committee therefore, provided the
communication is limited strictly to matters of process or procedure already
contained in the corresponding solicitation document."
12. Violation of these provisions by any particular Respondent or proposer shall render any
recommendation for the award of the contract qr the contract awarded to said Respondent
or proposer voidable, and, in such event, said Respondent or proposer shall not be
considered for any Solicitation including but not limited to one that requests any of the
follOWing a proposal, qualifications, a letter of inte~est or'a bid concerning any contract for
the provision of goods or services for a period of one year. Contact shall only be· made
through regularly scheduled Commission meetings, or meetings scheduled through the
Purchasing Division, which· are for the purposes of obtaining additional or clarifying
information.
13. Lobbying. All firms and their agents who intend to submit, or who submitted, bids or
responses for this RFQ, are hereby placed on .formal notice that neither City.
Commissioners, candidates for City Commissioner or any employ~e of the City of South
Miami are to be'lobbied either individually or collectively concerning this RFQ. Contact
shall only be made through regularly scheduled Commission meetings, or meetings
scheduled through the Purchasing Division, which are for the purposes of obtaining
additional or clarifying information.
Thomas F. Pepe
10/13/2016
7
14. Reservation of Right. Th~ City anticipates awarding one contract for services as a result of
this RFQ and the successful firm will be requested to enter into negotiations to produce a
contract for the Project. The City, however, reserves the right, in its sole -discretion, to do
any of the following: .
a) to reject any and all submitted Responses and to further define or limit the scope of
the award.
b) to waive minor irregularities in the responses or in the procedure required by the
: RFQ documents.
c) to request additional information from firms as deemed necessary.
d) to make an award without discussion or after limited negotiations. It is, therefore,
important that all the parts of the Requesdor Qualification be. completed in all
respects. .
e) to negotiate modifications to the Proposal that it deems acceptabl~. ..
f) to terminate n.egotiations in the event the City d~ems progress towards a contract
to be insufficient and to proceed to negotiate with the Respondent who made the
next best Proposal. The City reserves the right to proceed in this manner until it
has negotiated a contract that is satisfactory to the City. .
g) To modify the Contract Documents. The terms of the Contract Documents are
general and not necessarily specific to the Solicitation. It is therefore anticipated
that the City may modify these documents to fit the specific project or work in
question and the Respondent, by making a Proposal, agrees· to such modifications
and to be bound by such modified documents.
h) to cancel, in whole or part, any invitation for Proposals when it is in the best
interest of the City.
i) to award the Project to the person with the lowest, most responsive, responsible
. Proposal, as determined by the City.'
j) to award the Project, and execute a contract with a 'Respondent or Respondents,
other than to one who provided the lowest Proposal Price.
k) if the Scope of the Work is divided into distinct subdivisions, to award each
subdivision to a separate Respondent.
15. Contingent Fees Prohibited. The proposing firm, by submitting a proposal, warrants that it
has not employed or retained a company or person, other than a bona fide employee,
contractor or subcontractor, working in its employ, to solicit or secure a contract with the
City, and that it has not paid or agreed to pay any person, company, corporation, individual
or firm other than a bona fid~ employee, contractor or sub-consultant, working in its
employ, any fee, commission, percentage, gift or other consideration contingent upon or
resulting from the award or making of a contract with the City.
16. Public Entity Crimes. A person or affiliate of the Respondent who has been placed on the
convicted ,vendor list pursuant to Chapter 287 following a conviction for a public entity
crime may not submit a Proposal on a contract to provide any goods or services, or a
contract for constru,ction or repair of a public building, may not submit proposals on leases
of real property to or with the City of South Miami, may not be awarded. a contract to
perform work as a contractor, sub-contractor, supplier, sub-consultant, or consultant under
a contract with the City of South Miami, and may not transact business with the City of
South Miami for a period of 36 months from the date of being placed on· the convicted
vendor list.
Thomas F. Pepe
10/1312016
8
17. Responderits shall use the Proposal Form(s) furnished by the City. All erasures and
corrections must have the initials of the Respondent's authorized representative in blue ink
at the location of each and every erasure and correction. Proposals shall be signed .using
blue ink; all quotations shall be typewritten, or printed with blue ink. All spaces shall be
filled in with the requested information or the phrase "not applicable" or "NA". The
proposal shall be delivered on or before the date and time, a'nd at the place and in such
manner as set forth in the Solicitation Cover Letter. Failure to do so may cause the
Proposal to be rejected. Failure to include any of the Proposal Forms may invalidate the
Proposal. Respondent shall deliver to the City, as part of its Proposal, the following
documents:
a) The Invitation for Proposal and Instructions to Respondents.
b) A copy of all issued addenda.
c) The completed Proposal Form fully executed.
d) Proposal/Bid Bond, (Bond or cashier's check), if required, attached to the Proposal
Form.
e) Certificates of Competency as well as all applicable State, County and City Licenses
held by Respondent
f) Certificate of Insurance and/or Letter of Insurability.
18. Goods: If goods are to be provided pursuant to this RFQ the following applies:
a) Brand Names: If a brand name, make, manufacturer's trade name, or vendor catalog
number is mentioned in this Solicitation, whether or not followed by the words
"approved equal", it is for the purpose of establishing a grade or quality of material
only. Respondent may offer goods that are equal to the goods described in this
Solicitation with appropriate identification, samples and/or specifications for such
item(s). The City shall be the, sole judge concerning the merits of items proposed as
equals. '
b) Pricing: Prices should be stated in units of quantity specified in the Proposal
Form. In case of a discrepancy, the City reserves the right to make the final
determination at the lowest net cost to the City.
c) Mistake: In the event that unit prices are part of the Proposal and if there is a
discrepancy between the unit price(s) and the extended price(s), the unit price(s)
shall prevail and the extended price(s) shall be adjusted to coincide. Respondents
are responsible for checking their calculations. Failure to do so shall be at the
Respondent's risk, and errors shall not release the Respondent from his/her or its
responsibility as noted herein.
d) Samples: Samples of items, when required, must be furnished by the Respondent
free of charge to the City. Each individual sample must be labeled with the
Respondent's name and manufacturer's brand name and delivered by it within ten
(10) calendar days of the Proposal opening unless schedule indicates a different
time. If samples are requested subsequent to the Proposal opening, they shall be
delivered within ten (10) calendar days of the request. The City shall not be
responsible for the return of samples.
e) Respondent warrants by signature on the Proposal Form that prices quoted therein
are in conformity with the latest Federal Price Guidelines.
f) Governmental Restrictions: In the event any governmental restrictions may be
imposed which would necessitate alteration of the material quality, workmanship, or
performance of the items offered on this Proposal prior to their delivery, it shall be,
Thomas F. Pepe
10/13/2016
9
the responsibility of the successful Respondent to notify the City at once, indicating
in its letter the specific regulation which required an alteration. The City of South
Miami reserves the right to accept any such alteration, including any price
adjustments occasioned thereby, or to cancel all or any portion of the Contract, at
the sole discretion of the City and at no further expense to the City with thirty (30)
days advanced notice.
g) Respondent warrants .that the prices, terms and conditions quoted in the Proposal
shall be firm for a period of one hundred eighty (180) calendar days from the date of
the Proposal opening unless otherwise stated in the Proposal Form. Incomplete,
unresponsive, irresponsible, vague, or ambiguous responses to the Solicitation shall
be cause for rejection, as determined by the City.
h) Safety Standards: The Respondent warrants that the product(s) to be supplied to
the City conform in all respects to the standards set forth in the Occupational Safety
and Health Act (OSHA) and its amendments. Proposals must be accompanied by a
Materials Data Safety Sheet (M.SD.S) when applicable.
19. Liability, Licenses & Permits: The successful Respondent shall assume the full duty,
obligation, and expense of obtaining all necessary licenses, permits, and inspections required
by this RFQ and as required by law. The Respondent shall be liable for any damages or loss
to the City occasioned by the negligence of the Respondent (or its agent or employees) or
any person acting for or through the Respondent. Respondents shall furnish a certified
copy of all licenses, Certificates of Competency or other licensing requirement necessary to
practice their profession and applicable to the work to be performed as required by Florida
Statutes, the Florida Building Code, Miami-Dade County Code or City of South Miami
Code. These documents shall be furnished to the ·City as part of the Proposal. Failure to
have obtained the required licenses and certifications or to furnish these documents shall be
grounds for rejecting the Proposal and forfeiture of the Proposal/Bid Bond, if required for
this Project.
20. Respondent shall comply with the City's Insurance Requirements as set forth in the
attached EXHIBIT 4, prior to' issuance of any Contract(s) or Award(s) If a
recommendation for award of the contract, or an award of the contract is made before
compliance with this provision, the failure to fully and satisfactorily comply with the City's
bonding, if required for this project, and insurance requirements as set forth herein shall
authorize the City to implement a rescission of the Proposal Award or rescission of the
recommendation for award of contract without further City action. The Respondent, by
submitting a Proposal, thereby agrees to hold the City harmless and agrees to indemnify the
City and covenants not to sue the City by virtue of such rescission.
21. Copyrights and/or Patent Rights: Respondent warrants that as to the manufacturing,
producing or selling of goods intended to be shipped or ordered by the. Respondent
pursuant to this Proposal, there has not been, nor will there be, any infringement of
copyrights or patent rights. The Respondent agrees to indemnify City from any and all
liability, loss or expense occasioned by any such violation or infringement.
22. Execution of Contract: A response to this RFQ shall not be responsive unless the
Respondent signs the form of contract that is a part of the RFQ package. The Respondent
to this RFQ acknowledges that by submitting a response or a proposal, Respondent agrees
to the terms of the form contract and to the terms of the general conditions to the
contract, both of which are part of this RFQ package and agrees that Respondent's
signature on the Bid Form and/or the form of contract that is a part of the RFQ package
Thomas F. Pepe
10/13/2016
10
and/or response to this RFQ, grants to the City the authority, on the Respondent's behalf,
to inserted, into any blank spaces in the contract documents, information obtained from the
proposal and at the City's sole and absolute discretion, the City may treat the Respondent's
signature on any of those documents, for all purposes, including the enforcement of all of
the terms and conditions of the contract, as the Respondent's signature on the contract,
after the appropriate information has been inserted.
23. Evaluation of Proposals: The City, at its sole discretion, reserves the right to inspect the
facilities of any or all Respondents to determine its capability to meet the requirements of
the Contract. In addition, the price, responsibility and responsiveness of the Respondent,
the financial position, experience, staffing, equipment, materials, references, and past history
of service to the City and/or with other units of state, and/or local governments in Florida,
or comparable private entities, will be taken into consideration in the Award. of the
Contract.
24. Drug Free Workplace: Failure to provide proof of compliance with Florida Statute Section
287.087, as amended, when requested shall be cause for rejection of the Proposal as
determined by the City.
25. Public Entity Crimes: A person or affiliate who was placed on the Convicted Vendors List
following a conviction for a public entity crime may not submit a response on a contract to
provide any services to a public entity, may not submit RFQ on leases of real property to a
public entity, and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, for a period of 36 months from the date of being
placed on the Convicted Vendors List.
26. Contingent Fees Prohibited: The proposing firm must warrant that it has not employed or
retained a company or person, other than a bona fide employee, contractor or
subcontractor, working in its employ, to solicit or secure a contract with the City, and that
it has not paid or agreed to pay any person, company, corporation, individual or firm other
than a bona fide employee, contractor or sub-consultant, working in its employ, any fee,
commission, percentage, gift or other consideration contingent upon or resulting from the
award or making of a contract with the City.
27. Hold Harmless: All Respondents shall hold the City, its officials and employees harmless
and covenant not to sue the City, its officials and employees in reference to its decisions to
reject, award,· or not award a contract, as applicable, unless the claim is based solely on
allegations of fraud and/or collusion. The submission of a proposal shall act as an agreement
by the Respondent that the Proposal/Bid Bond, if required for this project, shall not be
released until al)d unless the Respondent waives any and all claims that the Respondent may
have against the City that arise out of this RFQ process or until a judgment is entered in the
Respondent's favor in any suit filed which concerns this proposal process. In any such suit,
the prevailing party shall recover its attorney's fees, court costs as well as expenses
associated with the litigation. In the event that fees, court costs and expenses associated
with the litigation are awarded to the City, the Proposal/Bid Bond, if required for this
project, shall be. applied to the payment of those costs and any balance shall be paid by the
Respondent.
28. Cancellation: Failure on the part of the Respondent to comply with the conditions,
specifications, requirements, and terms as determined by the City, shall be just cause for
cancellation of the Award or termination of the' contract.
29. Bonding Requirements: The Respondent, when submitting the Proposal, shall include a
Proposal/Bid Bond, if required for this project, in the amount of 5% of the total amount of
Thomas F. Pepe
1011312016
II
the base Proposal on the Proposal/Bid Bond Form included herein. A company or personal
check shall not be deemed a valid Proposal Security.
30. Performance and Payment Bond: The City of South Miami· may require the successful
Respondent to furnish a Performance Bond and Payment Bond, each in the amount of 100%
of the total Proposal Price, including Alternates if any, naming the City of South Miami, and
. the entity that may be providing a source of funding for the Work, as the obligee, as
security for the faithful performance of the Contract and for the payment of all persons or
entities performing labor, services and/or furnishing materials in connection herewith. The
bonds shall be with a surety company authorized to do business in the State of Florida.
30.1. Each Performance Bond shall be in the amount of one hundred percent (100%)
of the Contract Price guaranteeing to City the completion and performance of the
Work covered in the Contract Documents.
30.2. Each Performance Bond shall continue in effect for five year after final
completion and acceptance of the Work with the liability equal to one hundred
percent (100%) of the Contract Sum.
30.3. Each Payment bond shall guarantee the full payment of all suppliers, material
man, laborers, or subcontractor employed pursuant to this Project.
30.4. Each Bond shall be with a Surety company whose qualifications meet the
requirements of insurance companies as set forth in the insurance requirements of
this solicitation.
30.5. Pursuant to the requirements of Section 255.05, Florida Statutes, Respondent
shall ensure that the Bond(s) referenced above shall be recorded in the public records
of Miami-Dade County and provide CITY with evidence of such recording.
30.6. The surety company shall hold a current certificate of authority as acceptable
surety on federal bonds in accordance.with the United States Department of Treasury
Circular 570, current revisions.
31. Proposal Guarantee: Notwithstandi!1g the fact that the Respondent, in submitting a
proposal, agrees to the terms contained in the form of contract that is part of this RFQ
package, the successful Respondent, within ten (10) calendar days of Notice of Award by
the City, shall deliver, to the City, the executed Contract and other Contract
Documents that provide for the Respondent's signature, and deliver to the City the
required insurance documentation as well as a Performance and Payment Bond if these
bonds are required. The Respondent who has the Contract awarded to it and who fails
to execute the Contract and furnish the required Bonds and Insurance Documents
within the specified time shall, at the City's option, forfeit the Proposal/Bid Bond/Security
that accompanied the Proposal, and the Proposal/Bid Bond/Security shall be retained as
liqUidated damages by the City. It is agreed that if the City accepts payment from the
Proposal/Bid Bond, that this sum is a fair estimate of the amount of damages the City will
sustain in case the Respondent fails to sign the Contract Documents or fails to furnish
the required Bonds and Insurance documentation. If the City does not accept the
Proposal/Bid Bond, the City may proceed to sue for breach of contract if the Respondent
fails to perform in accordance with the Contract Documents. Proposal/Bid
Bond/Security deposited in the form of a cashier's check drawn on a iocal bank in good
standing shall be subject to the same requirements as a Proposal/Bid Bond.
32. Pre-proposal Conference Site Visits: If a Mandatory Pre-proposal conference is scheduled
for this project, all Respondents shall attend the conference and tour all areas referenced in
the Solicitation Documents. It shall be grounds for rejecting a Proposal from a Respondent
Thomas F. Pepe
10113/2016
12
who did not attend the mandatory pre-proposal conference. No pleas of ignorance by the
Respondent of conditions that exist, or that may hereinafter exist, as a result of failure to
make the necessary examinations or investigations. or failure to complete any part of the
RFQ Package, will be accepted as basis for varying the requirements of the Contract with
the City of South Miami or the compensation of the Respondent. The Respondent.
following receipt of a survey of the property, if applicable, is bound by knowledge that can
be seen or surmised from the survey and will not be entitled to any change order due to
any such condition. If the survey is provided before the proposal is submitted, the contract
price shall include the Work necessitated by those conditions. If the survey is provided
subsequent to the submission of the proposal, the Respondent shall have five calendar days
to. notify the City of any additional costs required by such conditions and the City. shall have
the right to reject the proposal and award the contract to the second most responsive,
responsible bidder with the lowest price or to reject all bids.
33. Time of Completion: The time is of the essence with regard to the completion of the·
Work to be performed under the Contract to be awarded. Delays and extensions of time
may be allowed only in accordance with the provisions stated in the appropriate section of
the. Contract Documents, including the Proposal Form. No change orders shall be allowed
for delays caused by the City, other than for extensions of time to complete the Work.
34. Submittal Requirements: All Proposals shall comply with the requirements set forth herein
and shall be in accordance with EXHIBIT I, tlScope of Services" Qnd Exhibit #2
"Supplemental Instructions and Proposal Format for Respondents" which is a part of
this RFQ Package.
35. Cancellation of Bid Solicitation: Th~ City reserves the r.ight to cancel, in whole or part, any
Request for Qualification when it is in the best interest of the City.
36. Respondent shall not discriminate with regard to its hiring of employeeso·r subcontractors
or sub consultants in its purchase of materials or in any way in the performance of its
contract, if one is awarded, based on race, color, religion, national origin, sex, age, s~ual
orientation, disability, or familial status.
37. All respondents, at the time of bid opening, must have fulfilled all prior obligations and
commitments to the City in order to have their bid considered, including all financial
obligations. Prior to the acceptance of any bid proposal or quotation, the City's Finance
Department shall certify that there are no outstanding fines, monies, fees, taxes, liens or
other charges owed to the City by the Respondent, any of the Respondent's principal,
partners, members or stockholders (collectively referred to as "Respondent Debtors"). A
bid, proposal or quotation will not be accepted until all outstanding debts of all Respondent
Debtors owed to the city are paid in full. No bidder who is in default of any prior contract
with the City may have their bid considered until the default is cured to the satisfaction of
the City Manager.
38. Bid Protest Procedure. See attached .EXHIBIT 7
39. Evaluation· Criteria: If this project is to be evaluated by an Evaluation Committee, the
evaluation criteria is attached as EXHIBIT 5.
Thomas F: Pepe
10113/2016
END OF SECTION
13
PROPOSAL SUBMITTAL CHECKLIST FORM
uCommunity Rating System Program Services RFQ"
RFQ #PL20 16-23
This checklist 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 RFQ. The response shall include the following items:
Attachments and Other Documents described below Check
to be Completed
x'
x ----
x ---
x
----
x ----
x ----
x
x
x
x ----
x ----
x
x
IF MARKED WITH AN "X": Completed.
One (I) original unbound proposal. five (5) additional copies. 3-ring
binderS are not permitted, and one (I) digital (or comparable
medium including Flash Drive, DVD or CD) copy
Supplemental Instructions and Submittal Format for Respondents.
EXHIBIT 2
Indemnification and Insurance Documents EXHIBIT 4
Signed Contract Documents, Professional Services Agreement,
EXHIBIT 6
Respondents Qualification Statement
list of Proposed Sub Consultants/Subcontractors and Principal
Suppliers
Non-Collusion Affidavit
Public Entity Crimes and Conflicts of Interest
Drug Free Workplace
Acknowledgement of Conformance with OSHA Standards
Affidavit Concerning Federal & State Vendor Listings
Related Party Transaction Verification Form
Presentation Team Declarationl Affidavit of Representation
Submit this checklist alon'g with your proposal indicating the completion and submission of each
required forms and/or documents.
Thomas F. Pepe
10113/2016
END OF SECTION
14
RESPONDENT QUALIFICATION STATEMENT
"Community Rating System Program Services RFQ"
RFQ #PL20 16-23
The response to this questionnaire shall be utilized as part of the CITY'S overall Proposal Evaluation and
RESPONDENT selection. .
I. Number of CRS Flood Plain Mitigation service contracts executed,
a) In the past 5 years
b) In the past 10 years
2. List the last three (3) CRS Flood Plain Mitigation service contracts executed.
CRS/Flood Plain Mitigation
a) Services:
Entity Name:
Entity Address:
Entity Telephone:
CRS/Flood Plain Mitigation
b) Services:
Entity Name:
Entity Address:
Entity Telephone:
CRS/Flood Plain Mitigation
c) Services:
Thomas F. PejJe
10/13/2016
Entity Name:
Entity Address:
Entity Telephone:
15
3. Current workload
Project Name Owner Name Telephone Numbet· Contract Price
4. The following information shall be attached to the proposal.
a) RESPONDENT's home office organization chart.
b) RESPONDENT's proposed project organizational chart.
c) Resumes of proposed key project personnel, including on-site Superintendent.
5. List and describe any: .
a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations,
b) Any arbitration or civil or criminal proceedings, or
Suspension of contracts or debarring from Bidding or Responding by any public agency brought
c) against the Respondent in the last five (5) years
6. Government References:
List other Government Agencies or Quasi-Governmental Agencil:!s for which you have done business
Within the past five (5) years. .
Name of Agency:
Address:
Telephone No.:
Contact Person:
Type of Project:
Thomas F. Pepe
10113/2016
16
Name of Agency:
Address:
T eJephone No.:
Contact Person:
Type of Project:
Name of Agency:
Address:
Telephone No.:
Contact Person:
Type of Project:
Thomas F. Pepe
10113/2016
17
LIST OF PROPOSED SUB CONSUL TANTSI SUBCONTRACTORS AND·
PRINCIPAL SUPPLIERS
"Community Rating System Program Services"
RFQ #PL20 16-23
Respondent shall list all proposed sub-consultants/subcontractors. assuming sub-consultants/subcontractors are
allowed by the terms of this RFQ to be used on this project if they are awarded the Contract ..
Classification of Work Subcontractor Name Address Telephone, Fax &
Email
General Engineering
Roadway and Drainage
Design
General Civil Design
Structural
Environmental Engineering
Architectural Services
Landscape Architecture
Certified Arborists
Services
Surveying & Mapping
Mechanical. Electrical
Plumbing (MEP)
Construction Management
& Construction
Engineering Inspection
Services (CEI)
Other:
. . . Respondents to thiS sohcltatlon shall prOVide and Include thiS hstlng With their Proposal .
Thomas F. Pepe
10/13/2016
END OF SECTION
18
NON COLLUSION AFFIDAVIT.
STATE OF FLORIDA )
. )
COUNTY OF MIAMI-DADE )
______ ---------------being first duly sworn, deposes
and states that:
( I ) . He/She/They is/are the
(Owner, Partner, Officer, Representative or Agent) of
_____________________ the Respondent that has
submitted the attached Proposal;
(2) He/ShelThey is/are fully informed concerning the preparation and contents of the
attached Proposal and of all pertinent circumstances concerning such Proposal;
(3) Such Proposal is genuine and is not a collusive or sham' Proposal;
(4) Neither the said Respondent nor any of its officers, partners, owners, agents,
representatives, employees or parties in interest, including this affiant, have in any
way colluded, conspired, connived or agreed, directly or indirectly, with any other
. Respondent, firm, or person to submit a collusive or sham Proposal in connection
with the Work for which the attached Proposal has been submitted; or to refrain
from Bidding or proposing in connection with such Work; or have in any manner,
directly or indirectly, sought by agreement or collusion, or communication, or
conference with any Respondent, firm, or person to fix any overhead, profit, or cost
elements of the Proposal or of any other Respondent, or to fix any overhead,.profit,
or cost elements of the Proposal Price or the Proposal Price of any other
Respondent, or to secure through any collusion, conspiracy, connivance, or unlawful
agreement any advantage against (Recipient), or any person interested in the
proposed Work;
(5) The price or prices quoted in the attached Proposal are fair and proper and are not
tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part
of the Respondent or any other of its agents, representatives, owners, employees or
parties of interest, including this affiant.
Signed, sealed and delivered in the presence of:
Witness
Witness
Thomas F. Pepe
10113/2016
By: ________ _
Date
ACKNOWLEDGEMENT
19
Signature
Print Name and Title
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
)
)
On this the· day of .20 __ • before me, the·undersigned Notary
Public of the State of Florida. personally appeared (Name(s) of individual(s) who appeared
before notary) and whose
name(s) is/are Subscribed to the within instrument. and he/she/they acknowledge that
he/she/they executed it. .
. WITNESS
seal.
NOTARY PUBLIC:
SEALOF
OFFICE:
my hand and
Notary Public, State of Florida
official
(Name of Notary Public: Print, Stamp or
type as commissioned.)
Thomas F. Pepe
10113/2016
20
Personally known to me, or
Personal identification:
Type of Identification Produced
Did take an oath, or
Did Not take an oath.
PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST
Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes -"A
person or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a Proposal or bid on a Contract to provide any goods or
services to a public entity, may not submit a Bid or proposal for a Contract with a public entity
for the· construction of repair of a public building or public work, may not submit bids or
proposals on leases or real property to a public entity, may not be awarded to perform Work
as a RESPONDENT, Sub-contractor, supplier, Sub-consultant, or Consultant under a Contract
with any. public entity, and may not transact business with any public entity in excess of the
threshold amount Category Two of Section 287.017, Florida Statutes, for thirty six (36) months
from the date of being placed on the convicted vendor list".
The award of any contract hereunder is subject to the provisions of Chapter I 12, Florida State
Statutes. Respondents must disclose With their Proposals, the name of any officer, director,
partner, associate or agent who is also an officer or employee of the City of South Miami or its
agencies.
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY
PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
I. This sworn statement is submitted to
[print name of the public entity]
by
[print individual's name and title]
for ________________________________________________________________ __
[print name of entity submitting sworn statement]
whose business add re ... s"'s-"is>L..-__________________________________ _
and (if applicable) its
_________ (If the
the individual
Federal Employer Identification Number (FEIN) is
entity has no FEIN, include the Social Security Number of
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
Thomas F. Pepe
1011312016
21
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, racketeeri.ng, conspiracy, or
material misrepresentation.
3. . I understand that "convicted" or "conviction" as defined in Paragraph' 287. I 33 (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 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 th~ preceding 36 months shall be considered
an affiliate.
5. understand that a "person" as defined in Paragraph 287.133 (I) (e), Florida
Statutes, means any natural person or entity organized under the laws of any state or of
the United States with the legal power to enter into a binding contract and which bids
or proposal or applies .to bid or proposal on contracts for the provision of goods or
services let by a public entity, or which otherWise transacts or applies to transact
business with a public entity. The term "person" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in
management of an entity.
6. Based on information and belief, the statement which I have marked below is true in
relation to the entity submitting this sworn statement. [Indicate which statement
applies.]
Neither the entity submitting this sworn statement, nor any of its officers,
directors, executives, partners, shareholders, employees, members, or agents who are
active in the management of the entity, nor any affiliate of the entity has been charged
with and convicted of a public entity crime subsequent to July I, 1989.
___ The entity submitting this sworn statement, or one or more of its officers,
~irectors, executives, partners, shareholders, employees, members, or agen.ts who are
Thomas F. Pepe
10/1312016
22
active in the management of the entity, or an affiliate of the entity has been charged with
and convicted of a public entity crime subsequent to July I, 1989.
__ The entity submitting this sworn statement, or one or more of its officers,
directors, executives, partners, shareholders, employees, members, or agents who are
active in. the management of the entity, or an affiliate of the entity has been charged with .
and convicted of a pUblic entity crime subsequent of July I, 1989. However, there has
been a subsequent proceeding before a Hearing Officer of the State of Florida, Division
of Administrative Hearings and the Final Order entered by the Hearing Officer
determined that it was not in the public interest to place the entity submitting this
sworn statement on the convicted vendor list. [attach a copy of the final order.]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING
OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS
FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID THROUGH
DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND
THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A
CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION
287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE
INFORMATION CONTAINED IN THIS FORM.
[Signature]
Sworn to and subscribed before me this day of
__ ----:-________ -',20 __ .
Personally known
OR Produced identification ---Notary Public -State of ________ _
My commission expires. _____________ _
(Type of identification) ______________ _
(Printed, typed or Stamped commissioned
Name of notary public ______________ _
Thomas F. Pepe
10/13/2016
Form PUR 7068 (Rev.06/11/92)
23
DRUG FREE WORKPLACE
Whenever two or more Bids or Proposals which are equal with respect to price. quality and
service are received by the State or by any political subdivisions for the procurement of
commodities or contractual services, a Bid .or Proposal received from a business that certifies
that it has implemented a drug-free workplace program shall be given preference in the award
process. Established procedures for processing tie Bids or Proposals shall be followed if none
of the tied vendors have a drug-free workplace program. In order to have a drug-free .
workplace program. a business shall:
I) Publish a statement notifyi~g employee~ 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 penal.ties
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 convic;:tion of. or plea of guilty or nolo contendere to, any
violation of Chapter 893 or of any controlled substance law of the United States
or any state. for a violation occurring in the workplace no later than five (5)
business days after such conviction.
5) Impose a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program. if such is available in the employee's
community. by any employee who is so convicted.
6) Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
RESPONDENT's Signature: ______________ _
Print Name:
Date:
Thomas F. Pepe
10/13/2016
------------------------------------------
24
ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA
STANDARDS
TO THE CITY OF SOUTH MIAMI
We. • (Name of CONSULTANT). hereby acknowledge and agree that as
CONSULTANT for the "Community Rating System Program Services" project 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 and N/A (Consultant)
against any and all liability, claims, damages, losses and expenses-they may incur due to the
failure of (Sub-contractor's names):
to comply with such act or regulation.
CONSULTANT
By: __________________________ __
Name
Title
Thomas F. Pepe
10/13/2016
Witness
25
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 Respondeflt'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 websit~:
http://www.dms.myflorida.com/business operations/state purchasing/vendor informati
on/convicted suspended discriminatory complaints vendor lists
DECLARATION UNDER PENALTY OF PERJURY
I, (hereinafter referred to as the "Declarant") state, under
penalty of perjury, that the following statements are true and correct:
(I) I represent the Respondent whose name is --,-_____________ _
(2) i have the follOWing relationship with the Respondent (Owner
(if Respondent is a sole proprietor), President (if R"espondent is a corporation) Partner (if
Respondent is a partnership), General Partner (if Respondent is a limited Partnership) or
Managing Member (if Respondent is a Limited Liability Company).
(3) I have reviewed the Florida Department of Management Services website at the
following URL address:
http://www.dms.myflorida.com/business_ operations/state _purchasing/vendor _information/convi
cted _suspended_discriminatory -'-complaints_vendor Jists
(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.
Thomas F. Pepe
10/13/2016
(Print name of Declarant)
By: ___ ~ _______ _
(Signature of Declarant)
26
ACI(.NOWLEDGEMENT
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
On this the __ day of , 20 __ , before me, the undersigned
authority, personally appeared who is
personally know to me or who provided the following identification and
who took an oath or affirmed that that he/shelthey executed the foregoing Affidavit as the
Declar~nt.
WITNESS my hand and official seal.
NOTARY PUBLIC:
Thomas F. Pepe
1011312016
SEAL
27
Notary Public, State of Florida
(Name of Notary Public: Print,
Stamp· or type as commissioned.)
RELATED PARTY TRANSACTION VERIFICATION FORM
individually and on behalf of
("Firm") have Name of Representative
CompanyNendor/Entity read the City of South Miami ("City")'s Code of Ethics, Section 8A-1 of
the City's Code of Ordinances and I hereby ce~ify, under penalty of perjury that to the best of
my knowledge, information and belief:
(I) neither I nor the Firm have any conflict of interest (as defined in section 8A-I) with regard
to the contract or business that I, and/or the Firm, am(are) about to perform for, or to transact
with, the
City, and
(2) neither"1 nor any employees, officers, directors of the Firm, nor anyone who has a financial
interest greater than 5% in the Firm, "has any relative(s), as defined in section 8A-I, who is an
employee of the City or who is(are) an appointed or 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 persori 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 (Le., 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 individ uals whose interest is set forth following dleir use a separ:-ate
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 Qfficials 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
Thomas F. Pepe
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28
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, t~e statement
in this section (4) shall be. based solely on the Signatory's personal knowledge and he/she is not
requirec;l 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.]
(5) I and the Firm further agree not to use or attempt to use any knowledge, property or
resource which may come to us through our position of trust, or through our performance of
our duties under the terms of the contract with the City, to secure a special privilege, benefit,
or· exemption for ourselves, or others. We agree that we may not disclose or use information,
not available to members of the general public, for our personal· gain or benefit or for the
personal gain or benefit of any other person or business entity, outside of the normal gain or
benefit anticipated through the performance of the contract.
(6) I and the Firm hereby acknowledge that we have not contracted or transacted any business
with the City or any person or agency acting for the City, and that we have not appeared in
representation of any third party 'before any board, commission or agency of the City within
the past two years other than as
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). X:\PurchasingWendor Registration\l2.28.12
RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx
(7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate
family (Le., as a spouse, son, daughter, parent, brother or sister) is related by blood or marriage
to: (i) any member of the City Commission; (ii) any city empfoyee; 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
Thomas F. Pepe
10/13/2016
29
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.
(I 0) A violation of the City's Ethics Code, the giving of any false information or the failure to
supplement this Verification Form, may subject me or the Firm to immediate termination of any
agreement with the City, and the imposition of the maximum fine and/or any penalties allowed
by law. Additionally, violations may be considered by and subject to action by the Miami-Dade
County Commission on Ethics. Under penalty of perjury, I declare that I have made a diligent
effort to investigate the matters to which I am attesting hereinabove and that the statements
made hereinabove are true and correct to the best of my knowledge, information and belief.
Signature: ____________ _
Print Name & Title: ______________ _
Date: _____ --'-_____ _
Thomas F. Pepe
1011312016
30
·Sec. 8A-1. -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 faciliti~s
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 ~eads, the city attorney, and ail 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.
(I O) 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 RFQ, 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:
Thomas F. Pepe
10113/2016
31
(I) The payment of taxes, special assessments or fees for services provid~d by the city
government;
(2) The purchase of bonds, anticipation notes or other securities that may be issued by the city
through underwriters or directly from time to time.
Waiver of prohibition. The requirements of this subsection may be waived for a particular
transaction only by four affirmative votes of· the city commission after public hearing upon
finding that: . .
(I) An open-to-all sealed competitive proposal has been submitted by a city person as defined
in paragraphs (b)(2), (3) and (4);
.(2) The proposal has been submitted by a person or firm offering services within the scope of
the practice of architecture, professional engineering, or registered land surveying. as defined by
the laws of the state and pursuant to the provisions of the Consultants' Competitive
Negotiation Act, and .when the proposal has been submitted by a city person defined in
paragraphs (b)(2), (3) and (4);
(3) The property or services to be involved in the proposed transaction are unique and the city
cannot avail itself of such property or services without entering a transaction which would
violate this.subsection but for waiver of its requirements; and
(4) That the proposed transaction will be in the best interest of the city.
This subsection' shall be applicable only to prospective transactions, and the city commission
may in no case .ratify a transaction entered in violation of this subsection.
Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed
. to amend or repeal any other law pertaining to the same' subject matter.
(d) Further 'Prohibition on transacting business with the city.
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, dire~tor. 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. .
(£) 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 lawfui consideration.
(2)Exceptions. The provisions of paragraph (e) ( I) shall not apply to:
Thomas F. Pepe
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32
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)( I) through (6) to accept or agree to accept
from another person or entity. any gift for or because of:
a. An official public action taken. or to be taken, or which could be taken, or an omission or
failure to take a public action;
b. A legal duty performed or to be performed. or which could be performed, or an omission or
failure to perform a legal duty;
c. A legal duty violated or to be violated, or which could be violated by any person included in
the term defined in paragraph (b)( I); or ,
d. Attendance or absence from a public meeting at which official action is to be taken.
(4) Disclosure. Any person included in the term defined in paragraphs (b)( I) through (6) shall
disclose any 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
I 12, 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)( I) through (6) be employed
by a corporation. firm, partnership or business entity in which that person or the immediate
family does not have a controlling financial interest, and should the corporation. firm.
partnership or business entity have substantial business commitments to or from the city or any
city agency, or be subject to direct regulation by the city or a City agency. then the person shall
file a sworn statement disclosing such employment and interest with the clerk of the city.
(g) Exploitation of official position prohib;~ed. ,
No person included in the terms defined in paragraphs (b )( I) through (6) shall corruptly use
or attempt to use an official position to secure special privileges or exemptions for that person
or others.
(h) Prohibition on use of confidential information.
No person included in the terms defined in paragraphs (b)(I) through (6)· shall accept
employment or engage in any business or professional activity which one might
reasonably expect would require or induce one to disclose confidential information acquired by
reason of an official position. nor shall that person in fact ever disclose confidential information
garnered or gained through an official position with the city. nor shall that person ever use such
information. directly or indirectly, for personal gain or benefit.
(i) Conflicting employment prohibited.
No person included in the terms defined in paragraphs (b)( I) through (6) shall accept other
employment which would impair independence of judgment in the performance of any pUblic
duties.
(j) Prohibition on outside employment.
Thomas F. Pepe
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(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 requirecl 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 subse~tion 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 dty 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 a1'1'earances and payment prohibited.
(I) No person included in the terms defined in paragraphs (b)(I), (5) and (6) shall appear before
any city board or agency and make a presentation on behalf of a third person with respect to
any matter, license, contract, certificate, ruling, decision, opinion, rate schedule,' franchise, or
other benefit sought by the third person. Nor shall the person receive any compensation or
. gift, directly or 'indirectly, for services rendered to a third person, who has applied for or is
seeking some benefit from the city or a city agency; in connection with the particular benefit
sought by the third person. Nor shall the person appear in any court or before any
administrative tribunal as counselor legal advisor to a party who seeks legal relief from the city
or a city agency through the suit in question.
(2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before
the city commission or agency on which the person .serves. either directly or through an
associate, and make a presentation on behalf of a third person with respect to any matter,
license, contract, certificate, ruling, decision, opinion, rate schedule, .franchise, or other benefit
sought by the third person. Nor shall such person receive any compensation or gift, directly or
indirectly, for services rendered to a third party who has applied for or is seeking some benefit
from the city commission or agency on which the person serves in connection with the
particular benefit sought by the third party. Nor shall the person appear in any court or before
Thomas F. Pepe
10/13/2016
34
any admil)istrative 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)( I) through (6) shall acquire a
financial interest in a project, business entity or property at a time when the person believes or
has reason to believe that the financial interest may be directly affected by official actions or by
official actions by the city or city agency of which the person is an official. officer or employee .
. (0) Recommending professional services.
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) Co"tinu;lig 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)(l) through (6)] in connection with any judicial or other proceeding. application. RFP, RFQ.
bid, request for ruling or other determination, contract. claim. controversy. charge. accusation,
arrest or other particular subject matter in which the city or one of its agencies is a party or
has any interest whatever. whether direct or indirect. Nothing contained in this subsection shall
prohibit any individual from submitting a routine administrative request or application to a city
department or agency during the two-year period after his or her service has ceased.
(2) The provisions of the subsection shall not apply to persons who become employed by
governmental entities, 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)( 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)(I) 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
Thomas F. Pepe
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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 SA-2(p). .
(q) City attorney to render opinions on request.
Whenever any person included in the terms defined in paJ:'agraphs (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. 6-99-16S0, § I, adopted 3-2-99, repealed §§ SA-I and SA-2 in their
entirety and replaced them with new §§
SA-I and SA-2. Former §§ SA-I and SA-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
10//312016
36
PRESENTATION TEAM
OECLARA TION/AFFIOVAIT 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 shoe has
been listed as part of the firm's presentation team pursuant to this paragraph, or unless he or
she' is registered with the City Clerk's office as a lobbyist and has paid all applicable lobbyist
registration fees.
Pursuant to '92.525(2}, Florida Statutes, the undersigned, ~ _______ -, makes the
following declaration under penalty of perjury:
Listed below are all individuals who may make a . presentation .on behalf of the entity that the'
affiant represents. Please note; No person shall appear before any committee on behalf
of anyone unless he or she has been listed as part of the firm's presentation team
pursuant to this paragraph or unless he or she is registered with the Clerk's office
as a lobbyist and has paid all applicable lobbyist registration fees.
NAME TITLE
For the purpose of this Affidavit of Representation only, the listed members of the
presentation team, with the exception of any person otherwise required to register as a
lobbyist, shall not be reqUired to pay any registration fees. The Affidavit of
'Representation shall be filed with the City Clerk's office at the time the committee's
. proposal is submitted to the City as part of the procurement process. '
Under penalties of perjury, I declare that I have read the foregOing declaration and that
the facts stated in it are true and specifically that the persons listed above are the
members of the presentation tea,:" of the entity listed below
Executed this ___ day of _________ , 20_. __
Signature of Representative
Print Name and Title
Thomas F. Pepe
10113/2016
Print name of entity being represented
END OF SECTION -
37 I
I
BACKGROUND:
EXHIBIT #1
SCOPE OF SERVICES
Community Rating System. Program Services
RFQ #PL20 16-23
The City of South Mia~i South Miami is a City in Miami-Dade County, Florida, United States.
The population was 10,741 at the 2000 census and according to the U.S. Census Bureau for
2010 it was 11,657. As per Bureau of Economic & Business Research (BEBR) at UF, the City
Population for FY 2017 is 13,656. This is the number which will be used for State Revenue
Sharing calculations.
Total housing uri its
Total: Occupied housing units
Owner-occupied housing units
Renter-occupied housing units
PopulatiOn in occupied housing units: Owner-occupied housing
units
Population in occupied housing units: Renter-occupied housing
units
Occupied housing units Average household size: Owner-occupied
units household size:
Average household size
Average family size
2.46
3.16
5,174
4,699
2,573
2,126
7,052
4,507
2.7
2.1
100
90.82
49.73
41.09
16_09
9.25
-3.74
30.59
Pursuant to Florida Statute 287.055, "Consultants Competitive Negotiations Act," the City is
seeking to retain a qualified firm to review the City's current Community Rating System (CRS)
Program and prepare the City to improve it's CRS classification from 7 to 6. The City, with the
completion of a successful CRS program by the Consultant, is expecting implemention strategies
from the Consultant to help lower the cost of flood insurance.
The City will use a competitive negotiation process in selecting the consultant. Accepted
proposals will be evaluated by the City utilizing Exhibit #5, Ilfvaluation and Selection
Criteria." Respondents, deemed as best suited and qualified, shall be selected by a Selection
Committee of at least three (3) representatives selected by the City for. disc;ussion and/or
presentations, ranking and subsequent negotiations with the selected consultant.
SCOPE OF WORK:
The following provides an overview of the tasks associated for the project and deliverables to
be provided by the Consultant: .
I. Provide an assessment of the City's current CRS program and assist the
City in looking for ways to improve the current CRS rating (Improve
from a CRS Classification 6 to a CRS Classification 5 or better).
Thomas F. Pepe
10113/2016
38
2. Provide input on the benefits and requirements of developing a
comprehensive Program for Public Information (PPI) program.
3. Provide input on the benefits and requirements of developing a
Repetitive Loss Area Analysis (RLAA) which includes a study and
evaluation of the events leading to flooding of its repetitive loss
properties.
4. Prepare for the modification visit in preparation of documentation to
support credit for each CRS activity and develop a verification manual.
The preparation for a modification visit will include the following:
• Review and examine Elevation Certificates to identify any deficiencies
(Even those already reviewed by ISO).
• Review all current CRS documentation submitted under the Verification
Visit.
• Work with the City CRS -Coordinator to select appropriate CRS
Activities for implementation.
• Assist the City CRS Coordinator to organize Visit files on each activity.
• Assist departmental personnel to prepare key documents and to prepare
Visit briefing points as necessary.
• Assist City CRS Coordinator on special map requirements. inCluding the
impact adjustment.
• ISO is trying to go paperless in their verification visits, so if possible, most
of the documentation should be in electronic format.
• Attend the City's Modification visit to provide gUidance on how to
respond to questions from ISO and to bring up scoring and
documentation issues which may arise during that visit.
• Assist the cit yin follow-up documentation required to satisfy the ISO 30-
day letter.
NOTE: A LINK TO THE CITY'S CURRENT FLOOD ZONE MAP IS REFERENCE.D
AS EXHIBIT #3.
PROJECT TIMELINES
The Consultant shall complete the project by the end of the current fiscal year,
September 30, 2017, or sooner. A Notice to Proceed will be issued by the City to the
awarded consultant, which will indicate the kickoff for the project.
Thomas F. Pepe
1011312016
END OF SECTION
39
EXHIBIT #2
SUPPLEMENTAL INSTRUCTIONS AND SUBMITTAL FORMAT FOR
RESPONDENTS
Community Rating System Program Services RFQ
RFQ #PL20 16-23
SUBMITTAL FORMAT
Firms shall prepare their submittals using the following format and should include, but not be
limited, to the following:
I. Letter of Transmittal
a.) This letter will summarize in a brief and concise manner, the respondent's
understanding of the scope of work and make a positive commitment to timely
perform the work.
b.) The letter must name all of the persons author!zed to make representations for
the respondent including the titles, addresses, and telephone numbers of such
persons. An authorized agent of the respondent must sign the Letter of
Transmittal indicating the agent's title or authority. The letters should not
exceed two pages in length. . .
2. Statement acknowledging receipt of each addendum issued by the City.
3. Qualifications and experience of the firm(s)Jindividual(s) who will provide
the services.
4. The submission should include:
Thomas F. Pepe
10/13/2016
A. Proposal Package and Labeling/Marking Requirements:
All submissions shall consist of one (I) unl;>ound original and five (5) copies,
3-ring binders are not permitted. One (I) digital or comparable medium
including Flash Drive, DVD or. CD copy is ALSO required. Submission
packages shall be tabbed according to a Table of Contents. The original
and all copies shall be clearly marked accordingly as "original" or "copy." The
digital copy and the five (5) copies must be exact duplicates of the original
submission.
FAILURE TO PROVIDE EXACT COPIES SHALL RESULT IN SUBMITTAL
BEING DESIGNATED NON-RESPONSIVE.
40
Thomas F. Pepe
10/13/2016
B. Title Page
Show the name of Respondent's agency/firm, address, telephone number, and
name of contact person, email address, date, and the subject: "Community
Rating System Program Services RFQ," RFQ #PL2016-23.
C. Table of Contents
Include a clear identification of the material by section and/or by page number.
D. Qualification Statement
The Qualification Statement shall be written in sufficient detail to permit the City
to conduct a meaningful evaluation of the proposed serVices. The Qualification
Statement should be delivered in two parts. The first part is the technical
submittal that shall consist of subsections (I) through (5) where subsections (I)
through (3) shall be no more than 10 pages Single-sided. Where (I) through (3)
contain more than the 10 page limit, the evaluation committee shall be instructed
to disregard all pages in excess of the limitation. The second part is all standard
forms fully executed by an authorized officer of the Respondent. The technical
submittal should be divided into subsections as described below.
I. Executive Summary:
a. Provide a brief summary describing the Respondent's approach to the
work called for by the RFQ and ability to perform the work
requested; the Respondent's background and experience in providing
similar services. This summary should be brief and concise to advise
the reader of the basic services offered, experience and Proposal of
the Respondent, staff and any other relevant information: A
Project/Client Manager should be provided and assigned to manage all
aspects of this work.
2. Respondent's Experience:
a. Describe the Respondent's organization; history and background;
principals, officers, owners, board of directors and/or. trustees; the
primary markets served; the total current number of employees; the
current number of professional employees by classification; and state
the number of years that the Respondent has been in business.
3. Respondent's Past Performance:
a. Provide a detailed description of comparable contracts (similar in
scope of services to those requested herein) which the Respondent
has either ongoing or completed within the past frve (5) years. The
description should identify for each project (I) the client, (2)
description of work, (3) total dollar value of the contract, (4) contract
duration~ (5) customer contact person and phone number of
reference, (6) statement or notation of whether Respondent is/was
41
~he prime Consultant or subcontractor or sub-consultant, and (7) the
results of the project.
4. Organization Chart:
a. Provide an organization chart showing all key individuals (including the
Project/Client Manager) assigned to their area of responsibility,
including their company, title, years of experience and years
employed in current title at present or former"firms. This chart must
clearly identify the Respondent's employees and those of the sub-
consultants. Provide professional licenses on pertinent key personnel
(including sub-consultants) to be. assigned for the services of this
RFQ.
s. Fulfillment of All Solicitation Documents:
a. Respondents shall submit all forms and documents listed in the
"Proposal Checklist Submittal Form." This checklist 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.
Note: Confidential and Proprietary Information." Trade secrets or proprietary
information submitted by Respond~nts in connection with this" pre-qualification process
may be subject to the disclosure under Chapter 119, F.S., unless such information is
specifically exempted or categorized as confidential in that Chapter or another section
of the Florida Statutes. However, respondents must invoke the protections of any such
section(s) within 24 hours of notice that a public records r~quest for such information
has been made and if Respondent invokes an alleged right to an exemption or declares
the information" to be confidential," Respondent shall provide written justification
including a citation to the specific statutory authority relied upon and the reasons why it
applies to the records being requested. Failure to abide by this procedure may result in
" disclosure of the Respondent's information and Respondent agrees that the City shall
not be liable to Respondent for disclosure under such circumstances. Furthermore, if a
Respondent objects to production of the documents, Respondent agrees to indemnify
and hold the City harmless" from any and all costs and expense incur.red by the City,
including City's attorney fees, in defending an action filed to obtain said records, as well
as any damage award against the City. including the attorney fees of any of the parties in
such suit and appeal. "
Thomas F. Pepe
10113/2016
END OF SECTION
42
EXHIBIT #3
City of South Miami Current Flood Zone Map
Community Rating System Program Services
RFQ #PL20 16-23
Note: The Citys Current Flood Zone Map can be accessed through the
following link provided below:
Thomas F. Pepe
1011 3/20 16
http://www.southmiamifl.gov/documentcenter/view/328
43
EXHIBIT #4
INSURANCE & INDEMNIFICATION REQUIREMENTS
Community Rating System Program Services
RFQ #PLlO 16-23
INSURANCE & INDEMNIFICATION REQUIREMENTS
1.0 I Insurance
A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter
referred to as "FIRM" with regard to Insurance and Indemnification requirements) shall
be required to procure and maintain at its own expense during the life of the Contract,
insurance of the types and in the minimum amounts stated below as will protect the
FIRM, from claims which may arise out of or result from the contract or the
performance of the contract with the City of South Miami, whether such claim is against
the FIRM or any sub-contractor, or by anyone directly or indirectly employed by any of
them or by anyone for whose acts any of them may be liable.
B. No insurance required by' the CITY shall be issued or written .by a surplus lines carrier
unless authorized in writing by the CITY and such authorization shall be at the CITY's
sole and absolute discretion. The FIRM shall purchase insurance from and shall maintain
the insurance with a company or companies lawfully authorized to sell insurance in the
State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a
minimum, from all claims as set forth below which may arise out of or result from the
FIRM's operations under the Contract and for which the FIRM may be legally liable,
whether such operations be by the FIRM or by a Subcontractor or by anyone directly or
indirectly employed by any of them, or by anyone for whose acts any of them may be
liable: (a) claims under workers' compensation, disability benefit and other similar
employee benefit acts which are applicable to the Work to be performed; (b) claims for
damages because of bodily injury, occupational sickness or disease, or death of the
FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease,
or death of any person other than the FIRM's employees; . (d) claims for damages
insured .by usual personal injury liability coverage; (e) claims for damages, other than to
the Work itself, because of injury to or destruction of tangible property, including loss
of use resulting there from;(f) claims for damages because of bodily injury, death of a
person or property damage arising out of ownership, maintenance or use of a motor
vehicle; (g) claims for bodily injury or property damage arising out of completed
operations; and (h) claims involving contractual liability insurance applicable to the
FIRM's obligations under the Contract.
1.02 Firm's 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
Thomas F. Pepe
10113/2016
44
440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws.
In addition, the policies must include: Employers' Liability at the statutory coverage
amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate levels
of Worker's Compensation Insurance.
·1.04 Commercial Comprehensive General Liability insurance with broad form endorsement,
as well as automobile liability, completed operations and products liability, contractual liability,
severability of interest with cross liability provision, and personal injury and property damage
liability with limits of $1 ,000,000 combined single limit per occurrence and $2,000,000
aggregate, including:
• Personal Injury: $1,000,000;
• Medical Insurance: $5,000 per person;
• Property Damage: $500,000 each occurrence;
1.05 Umbrella Commercial Comprehensive General Liability insurance shall be written on a
Florida approved form with the same coverage as the primary insurance policy but in the
amount of $1 ,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded
on a form no more restrictive than the latest edition of the Comprehensive General Liability
policy, without restrictive endorsements, as filed by the Insurance Services Office, and must
include:
(a) Premises and Operation
(b) Independent Contractors
(c) Products and/or Completed Operations Hazard
(d) ExplOSion, Collapse and Underground Hazard Coverage
(e) Broad Form Property Damage
(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) umbrel.la per occurrence
combined single limit for Bodily Injury Liability arid Property Damage Liability. Umbrella
coverage must be afforded on a form no more restrictive than the latest ~dition 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 subc9ntract shall contain the same insurance provision as reqUired by of the Firm,
other than the Fire and Extended Coverage Insurance and substituting the word Subcontractor
for the word FIRM and substituting the word FIRM for CITY where applicable.
1.08 Fire and Extended Coverage Insurance (BUilders' Risk): IF APPLICABLE:
A. In the event that this contract involves the construction of a structure, the FIRM 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,
Thomas F. Pepe
10/13/2016
45
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 Firm, as their interest
may appear, and shall also cover the interests of all Subcontractors performing Work.
B. All of the provisions set forth in Miscellaneous section herein below shall apply to this
coverage unless it would be clearly not applicable.
1.09 Miscellaneous:
A If any notice of cancellation of insurance or change in coverage is issued by the
insurance company or should any insurance have an expiration date that will occur
during the period of this contract, the FIRM shall be responsible for securing other
acceptable insurance prior to such cancellation, change, or expiration so as to provide
continuous coverage as specified in this section and so as to maintain coverage during
the life of this Contract. .
B. All deductibles must be declared by the FIRM and must be approved by the CITY. At
the option of the CITY, either the FIRM shall eliminate or reduce such deductible or
the FIRM shall procure a Bond, in a form satisfactory to the CITY covering the same .
. C. The policies shall contain waiver of subrogation agai.nst 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 FIRM'S duty to indemnify the City
as provided in this Agreement.
D. Before starting the Work. the FIRM shall deliver to the CITY 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
A.VII or better per A.M. 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 cpntract period with the CITY. The FIRM may be required by the CITY,
at its sole discretion, to provide a "certified copy" of the Policy (as defined in Article I
of this document) ·whichshall 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:
Thomas F. Pepe
10/13/2016
"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";
46
(2) a policy provision or an endorsement with substantially similar provisions as
follows:
'This policy shall not be cancelled (including cancellation for non-payment of
premium), terminated or materially modified without first giving the City of
South Miami ten (10) days advanced written notice of the intent to materially
modify the policy or to cancel or terminate the policy for any reason. The
notification shall be delivered to the City by certified mail, with proof of delivery
to the City."
E. If the FIRM is providing professional services, such as would· be prOVided by an
architect, engineer, attorney, or accountant, to name a few, then in such event and in
addition to the above reqUirements, the FIRM shall also provide Professional Liability
Insurance on a Florida approved form in the amount of $1,000,000 with deductible per
claim if any, not to exceed 5% of the limit of liability providing for all sums which the
FIRM shall become legally obligated to pay as damages for claims arising out of the
services or work performed by the FIRM its agents, representatives, Sub Contractors
. or assigns, or by any person employed or retained by him in connection with this
Agreement. This insurance shall be maintaIned for four years after completion of the
construction and acceptance of any Project covered by this Agreement. However, the
FIRM may purchase Specific Project Professional Liability Insurance, in the amount and
under the terms specified above, which is also acceptable. No insurance shall be issued
by a surplus lines carrier unless authorized in writing by the city at the city's sole,
absolute and unfettered discretion.
Indemnification Requirement
A. The Firm 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 Firm or anyone acting through or on behalf of the
Firm.
B. The Firm 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 foll6wi!1g 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 Firm, 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 Firm's obligations under this
AGREEMENT. .
C. The Firm 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
Thomas F. Pepe
10/13/2016
47
I
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 Firm, its Sub-Contractor or any of their agents,
representatives, employees, or assigns, and/or arising out of, or incident to, this
Agreement, or incident to or resulting from the performance or non-performance of
the Firm's obligations under this AGREEMENT.
D. The Firm 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 Firm, 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 wqrk or event that is occurring
on the CITY's property. In reviewing, approving or rejecting any submissions or acts of
the Firm, CITY in no way assumes or shares responsibility or liability for the acts or
omissions of the
Firm, its contractor/subcontractor or any of their agents, representatives, employees,
or assigns, or anyone acting through or on behalf of them.
E. The Firm 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 t~ design professional contracts, and pursuant to S-ection 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, recklessnes~, or intentionally wrongful conduct of the design
professional and other persons employed or utilized by the design professional in the
performance of the contract.
Thomas F. Pepe
10/13/2016
THIS IS INCLUDED IN THE GENERAL CONDITIONS
END OF SECTION
48
EXHIBIT #5
EVALUATION AND SELECTION CRITERIA
Community Rating System Program Services
RFQ #PL20 16-23
Scoring and Ranking
Phase I -Competitive Selection-Ranking; maximum 100 points per committee
member. Consultant submittals shall be evaluated by the City. Respondents deemed as best
suited and qualified shall be selected by a Selection Committee of at least three (3) City
representatives for discussion and/or presentations, ranking and subsequent negotiations with
the highest ranked consultant.
The evaluation factors used for determining qualifications for ranking include:
I. Qualifications, competency and technical expertise of the firm and personnel to perform
the services in accordance with the Scope of Services:
Maximum Points: 40
2. Qualifications of the Project Manager and Project Team:
Maximum Points: 30
3. Related Projects/Past Experience:
Maximum Points: 20
4. Overall quality and completeness of the submittal:
Maximum Points: 10
Phase II -Competitive Negotiations
Submittals will be evaluated by a Selection Committee. A ranking of all respondents or short-
listed respondents will be determined by the Selection Committee. The Selection Committee
may schedule interviews and/or presentations with the "short-list" respondents or, any
respondent.
A final ranking of all firms or short-listed firms will be submitted to the City Manager for review
and approval. The City Manager shall commence negotiations with the first ranked firm. If
those negotiations are unsuccessful, negotiations will be opened with the next,ranked firm, etc.
The City reserves the right to reject all Respondents, to request darification of information
submitted or to req'uest additional information from any Respondent, and to waive any
irregularities in any submittal.
Thomas F. Pepe
10/13/2016
END OF SECTION
49
EXHIBIT #6
PROFESSIONAL SERVICE AGREEMENT
Community Rating System Program Services
RFQ #PL20 16-23
THIS AGREEMENT made and entered into this __ day of . 20 __ by and
between the City of South Miami. a municipal corporation (hereinafter referred to as
Owner or CITY) by and through its City Manager (hereinafter referred to as CITY or
City Manager) and who is authorized to
do business in the State of Florida. (hereinafter referred to as the "CONSULTANT).
In consideration of the premises and the mutual covenants contained in this
AGREEMENT. the parties agree to the following terms and conditions:
1.0 General Provisions
1.1 A Notice to Proceed will be issued by the 'City Manager. or his designee. following
the signing of this AGREEMENT. This AGREEMENT does not confer on the
CONSULTANT any exclusive rights to perform work on behalf of the Owner
. other than the work described in one or more Notice to Proceed (hereinafter
referred to as the "WORK"). nor does it obligate the Owner in any manner to
guarantee work for the CONSULTANT.
1.2 The CITY agrees that it will furnish to the CONSULTANT available data and
documents in the CITY possession pertaining to the WORK to be performed
under this AGREEMENT promptly after the issuance of the Notice to Proceed
and upon written request of the CONSULTANT.
2.0 Scope of Services. The CONSULTANT shall perform the work as set forth in the
Scope of Services as described in the Notice to Proceed.
3.0 Time for Completion
3.1 The services to be rendered by the CONSULTANT for any WORK shall be
commenced upon receipt of a written Notice to Proceed from the CITY
subsequent to the execution of this AGREEMENT and shall be completed within
the time set forth in the Notice to Proceed or other document signed by the
City Manager. or designee.
3.2A reasonable extension of time will be granted in the event there is a delay on
the part of the CITY in fulfilling its part of the AGREEMENT. change of scope of
work or should any other events beyond the control of the CONSULTANT
render performance of his duties impossible. .
4.0 Basis of Compensation: The fees for services of the CONSULTANT shall be
determined by one of the following methods or a combination thereof. as mutually
agreed upon by the CITY and the CONSULTANT. .
4.1 A fixed sum: The fee for a task or a scope .of work may be a fixed sum as
mutually agreed upon by the CITY and the . CONSULTANT and if such an
agreement is reached. it shall be in writing. Signed by the CONSULTANT and
the City Manager and attached hereto as ATTACHMENT A:
4.2 Hourly rate fee: If there is nb fixed sum or if additional work is requested
without an agreement as to a fixed sum. the CITY agrees to pay. and the
CONSULTANT agrees to accept, for the services rendered pursuant to this
Thomas F. Pepe
10/13/2016
50
AGREEMENT, fees in accordance with the hourly rates that shall include all '
wages, benefits, overhead and profit and that shall be in writing, signed by the
CONSULTANT and the City Manager and attached hereto as ATTACHMENT
A.
5.0 Payment and Partial Payments. The CITY will make monthly payments or partial
payments to the CONSULTANT for all authorized WORK performed during the
previous calendar month as set forth in the schedule of payment as set forth in
ATTACHMENT A or, if no schedule of payment exhibit is attached to this
AGREEMENT then payment, will be made 30 days following the receipt of
CONSULTANT's invoice as the work progresses but only for the work actually
performed and approved in writing by the City Manager.
6.0 Right of Decisions. All services shall be performed by the CONSULTANT to the
satisfaction of the CITY's representative, who shall decide all questions, difficulties and
disputes of whatever nature which may arise under or by reason of this AGREEMENT,
the prosecution and fulfillment of the services, and the character, quality, amount and,
value. The representative's decisions upon all claims, questions, and disputes shall be
final, conclusive and binding upon the parties unless such determination is clearly
arbitrary or unreasonable. In the event that the CONSULTANT does not concur in
the judgment of the representative as to any decisions made by him, CONSU L T ANT
shall present his written objections to the City Manager and shall abide by the decision
of the City Manager.
7.0 Ownership of' Documents. All reports and reproducible plans, and other data
developed by the CONSULTANT for the purpose of this AGREEMENT shall become
the property of the CITY without restriction or limitation.
8.0 Audit Rights. The CITY reserves the right to audit the records of the CONSULTANT
related to this AGREEMENT at any time during the execution of the WORK and for a
period of one year after final payment is made. This provision is applicable only to
projects that are on a time and cost basis.
9.0 Truth-in Negotiations: If the, contract amount exceeds the threshold amount
provided in s. 287.017 for category four, the CONSULTANT shall execute a truth-in-
negotiation Certificate stating that wage rates and other factual unit costs supporting
the compensation are accurate, complete. and current at the time of contracting. In
such event, the original contract price and any additions thereto shall be adjusted to
exclude any Significant sums by which the City, determines the contract price was
increased due to inaccurate, incomplete. or noncurrent wage rates and other factual'
unit costs. All such contract adjustments must be made within one year following the
end of the contract.
10.OSubletting. The' CONSULTANT shall not assign or transfer its, rights under this
AGREEMENT without the express written consent of the CITY. The CITY will not
unreasonably withhold and/or delay 'its consent to the assignment of the
CONSULTANT's rights. ' The CITY may, in its sole discretion. allow the
CONSULTANT to assign its duties, obligations and responsibilities prOVided the
assignee meets all of the CITY's requirements to the CITY's sole satisfaction. The
CONSULTANT shall not subcontract this AGREEMENT or any of the services to be
provided by it without prior written consent of the CITY. Any assignment or
subcontracting in violation hereof shall be void and unenforceable
Thomas F. Pepe
1011312016
51
11.0 Unauthorized Aliens: The employment of unauthorized aliens by the CONSULTANT
is considered a violation of Federal Law. If the CONSULTANT knowingly employs
unauthorized aliens, such violation shall be cause for unilateral cancellation of this
AGREEMENT. This applies,to any sub-CONSULTANTs used by the CONSULTANT
as well. The CITY reserves the right at its discretion, but does not assume the
obligation, to require proof of valid citizenship or, in the alternative, proof of a valid
green card for each person employed in the performance of work or providing the
goods and/or services for or on behalf of the CITY including persons employed by any
independent contractor. By reserving this right, the CITY does not assume any
obligation or responsibility to enforce or ensure complianc~ with the applicable laws
and/or regulations.
12.0 Warranty. The CONSULTANT warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for the
CONSULTANT, to solicit or secure this contract and that he has not paid or agreed
to pay any company or person other than a bona fide employee working solely for the
CONSULTANT any fee, commission, percentage fee, gifts or any other considerations
contingent upon or resulting from the award or making of this contract. For breach or '
violation of this warranty, the CITY shall have the right to annul this contract without
liability. .
,3.0 Termination. It is expressly understood and agreed that the CITY may terminate this
AGREEEMENT for any reason or no reason and without penalty by either declining to
issue Notice to Proceed authorizing WORK, or, if a Notice to Proceed is issued,
CITY may terminate this AGREEMENT by written notice to CONSULTANT, and in
either event the CITY's sole obligation to the CONSULTANT shall be payment for
the work preViously authori'zed and performed in accordance with the provisions of
this AGREEMENT. Payment shall be determined on the basis of the work performed
by the CONSULTANT up to the time of termination. Upon termination, the CITY
shall be entitled to a refund of any monies paid for any period ,of time for which no
work was performed.
14.0 Term. This AGREEMENT shall remain in force until the end of the term, which
includes all authorized renewals, or unless otherwise terminated by the CITY. The
term of this agreement is three (3) years from the issuance of the Notice to Proceed
. and one two-year option-to renew. The option to renew is at the discretion of the
City 'Manager. The CITY may terminate the contract without cause following 30 days
advanced notice to the CONSULTANT. However, in no event shall the term exceed
five (5) years following the issuance of the Notice'to Proceed.
15.0 Default. In the event either party fails to comply with the provisions of this
AGREEMENT, the aggrieved party may declare the other party in default and n'otify
the defaulting party in writing. If CITY is in default, the CONSULTANT will only be
compensated for any completed professional services and CONSULTANT shall not
be entitled to any consequential or delay damages. In the event that partial payment
has been made for such professional services not completed, the CONSULTANT
shall return such sums to the CITY within ten (10) days after notice that said sums
are due. In the event of any litigation between the parties arising out of or relating
in any way to this AGREEMENT or a breach thereof, each party shall bear its own
, costs and legal fees.
16.0 Insurance and Indemnification. The CONSULTANT agrees to comply with CITY's
Thomas F. Pepe
10/13/2016
52
Insurance and Indemnification requirements that are set forth in ATTACHMENT B to
this AGREEMENT.
17.0 Agreement Not Exclusive. Nothing in this AGREEMENT shall prevent the CITY from
employing other CONSULTANTS to perform the same or similar services.
18~0 Codes. Ordinances and Laws. The CONSULTANT agrees to abide and be governed
by all duly promulgated and published municipal, county, state and federal codes,
ordinances, rules, regulations and laws which have a direct bearing on the WORK
involved on this project. The CONSUL TANTis required to complete and sign all
affidavits, including Public Entity Crimes Affidavit form (attached) pursuant to FS
287.133(3) (a), as required by the CITY's solicitation, if any, applicable to this
AGREEMENT.
1'9.0 Taxes. CONSULTANT shall be responsible for payment of all federal, state, and/or
local taxes related to the Work, inclusive of sales tax if applicable.
20.0 Drug Free Workplace. CONSULTANT shall comply with CITY's Drug Free
Workplace policy which is made a part of this AGREEMENT by reference.
21.0 Independent Contractor. CONSULTANT is an independent entity under this
AGREEMENT and nothing contained herein shall be construed to create a
partnership, joint venture, or agency relationship between the parties.
22.0 Duties and Responsibilities. CONSULTANT agrees to provide its services during the
term of this AGREEMENT in accordance with all applicable laws, rules, regulations,
and health and safety standards of the federal, state, and CITY, which may be
applicable to the service being provided.
23.0 Licenses and Certifications. CONSULTANT shall secure all necessary business and
professional licenses at its sole expense prior to executing the AGREEMENT.
24.0 Entire Agreement, Modification, and Binding Effect: This AGREEMENT constitutes the
entire agreement of the parties, incorporates all the understandings of the parties and
supersedes any prior agreements, understandings, representation or negotiation,
written or oral. This AGREEMENT may not be modified or amended except in
writing, signed by both parties hereto. This AGREEMENT shall be binding upon and
inure to the benefit of the City of South Miami and CONSULTANT and to their
respective heirs, successors and assigns. No modification or amendment of any terms
or provisions of this AGREEMENT shall be valid or binding unless it complies with this
paragraph. This AGREEMENT, in general, and this paragraph, in particular, shall not
be modified or amended by acts or omissions of the parties. If this AGREEMENT was
approved by written resolution of the City Commission, or if such approval is
required by ordinance or the City Charter, no amendment to this AGREEMENT shall
be valid unless approved by written resolution of the City Commission. .
25.0 lury Trial. CITY and CONSULTANT knowingly, irrevoc;ibly voluntarily' and
intentionally waive any right either may have to a trial by jury in State or Federal
Court proceedings in respect to any action, proceeding, lawsuit or counterclaim
arising out of this AGREEMENT or the performance of the Work thereunder.
26.0 Validity of Executed Copies. This AGREEMENT may be executed in several
'counterparts, each of which shall be construed as an origir.lal.
27.0 Rules of Interpretation: Throughout this AGREEMENT the pronouns that are used
may be substituted for male, female or neuter, whenever applicable and the singular
words substituted for plural and plural words substituted for singular wherever
applicable.
Thomas F. Pepe
1011312016
53
28.0 Severability. If any term or provision of this AGREEMENT or the application thereof
to any person or circumstance shall, to any extent, be invalid or unenforceable, the
remainder of this AGREEMENT, or the application of such term or provision to
persons or circumstances other than those to which it is held invalid. or
unenforceable, . shall not be affected thereby and each and every other term and
provision of this AGREEMENT shall be valid and enforceable to the fullest extent
permitted by law.
29.0 Cumulative Remedies: The duties and obligations imposed. by the contract
documents, if any, and the rights and remed'ies available hereunder, and, in particular
but without limitation, the warranties, guarantees and obligations imposed upon
CONSULTANT by the Contract Documents, if any, and this AGREEMENT and the
rights and remedies available to the CITY hereunder, shall be in addition to, and shall
not be construed in any way as a limitation of, any rights and remedies av;,tilable at law
or in equity, by special guarantee or by other provisions of the Contract Documents,
if any, or this AGREEMENT. In order to entitle any party to exercis~ any remedy
reserved to it in this AGREEMENT, or existing in law or in equity, it shall not be
necessary to give notice, other than such notice as maybe herein expressly required.
No remedy conferred upon or reserved to any party hereto, or existing at law or in
equity, shall be exclusive of any other available remedy or remedies, but each and
every such remedy shall be cumulative and shall be in addition to every other remedy
given under this AGREEMENT or hereafter existing at law or in eqUity. No delay or
omission to exercise any right or power accruing upon any default shall. impair ·any
such right or power or shall be construed to be a waiver thereof, but any such right
and power may be exercised from time to time as often as may be deemed expedient.
30.0 Non-Waiver. CITY and CONSULTANT agree that no failure to exercise and no
delay. in exercising any right, power or privil.ege under this AGREEMENT .on the part
of either party shall operate as a waiver of any right, power, or privilege under this
AGREEMENT. No waiver of this AGREEMENT, in whole or part, including the
provisions of this paragraph, may be implied by any act or omission and will only be
valid and enforceable if in writing and duly executed by each of the parties to this
AGREEMENT. Any waiver of any term, condition or provision of this AGREEMENT
will not constitute a waiver of any other term, condition or provision hereof, nor will
a waiver of any breach of any term, condition or provision constitute a waiver of any
subsequent or succeeding breach. The failure to enforce this AGREEMENT as to any
particular breach or default shall not act as a waiver of any subsequent breach or
d.u~ .
31.0 No Discrimination and Equal Employment: ~o action shall be taken by the
CONSULTANT, nor. will it permit any acts or omissions which result in discrimination
against any person, including employee or applicant for employment on the basi~ of
race, creed, color, ethnicity. national origin, religion, age, sex, familial status, marital
status, ethnicity, sexual orientation or phYSical or mental· disability as proscribed by
law and that it will take affirmative action to ensure that such discrimination does not
take place. The COINSUL TANT shall comply with the Americans with Disabilities Act
and it will take affirmative action to ensure that such discrimination does not take
place. The City of South Miami's hiring practices strive to comply with all applicable
federal regulations regarding employment eligibility and employment practices in
general. Thus, all individuals and entities seeking to do work for the CITY are
Thomas F. Pepe
10/13/2016
54
expected to comply with all applicable laws, governmental requirements and
regulations, including the regulations of the United States Department of Justice
pertaining to employment eligibility and employment practices. By signing this
AGREEMENT, the CONSULTANT hereby certifies under penalty of perjury, to the
CITY, that CONSULTANT is in compliance with all applicable regulations and laws
governing employment practices.
32.0 Governing Laws. This AGREEMENT and the performance of services hereunder will
be governed by the laws of the State of Florida, with exclusive venue for the
resolution of any dispute being a court of competent jurisdiction in Miami-Dade
County, Florida.
33.0 Effective Date. This AGREEMENT shall not become effective and binding until it has
been executed by both parties hereto, and approved by the City Commission if such
approval is required by City's Charter, and the effective date shall be the date of its
execution by the last party so executing it or if City Commission approval is
required by the City's Charter, then the date of approval by City Commission,
whichever is later.
34.0 Third Party Beneficiary. It is specifically understood and agreed that no other
person or entity shall be a third-party beneficiary hereunder, and that none of
provisions of this AGREEMENT shall be for the benefit of or be enforceable by
anyone other than the parties hereto, and that only the parties hereto shall have
any rights hereunder.
35.0 Further Assurances. The parties hereto agree to execute any and all other and
further documents as might be reasonably necessary in order to ratify, confirm, and
effectuate the intent and purposes of this AGREEMENT.
36.0 Time of Essence. Time is of the essence of this AGREEMENT.
37.0 Interpretatio'n. This AGREEMENT shall not be construed more strongly against either
party hereto, regardless of who was more responsible for its preparation.
38.0 Force Majeure. Neither party hereto shall be in default of its failure to perform its
obligations under this AGREEMENT if caused by acts of God, civil commotion, strikes,
labor disputes, or governmental demands or requirements that could not be
reasonably anticipated and the effects avoided or mitigated. Each party shall notify the
other of any such occurrence.
39.0 Subcontracting: If allowed by this AGREEMENT, the CONSULTANT shall be as fully
responsible to the CITY for the acts and omissions of its
subcontractorslsubconsultants as it is for the acts and omissions of people directly
employed by it. All subcontractorslsubconsultants and their agreements, if allowed by
this AGREEMENT, must be approved by the CITY. The CONSULTANT shall require
each subcontractor, who is approved by the CITY, to agree in the subcontract to
observe and be bound by all obligations and conditions of this AGREEMENT to which
CONSULTANT is bound.
40.0 Public Records: CONSULTANT 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 CONSULTANT, under such conditions, shall incorporate
this paragraph in all of its subcontracts for this Project. Under such condition,
CONSULTANT and its subcontractors are specifically required to: (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
Thomas F. Pepe
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55
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 the contractor does not transfer the records
to the publiC agency; and (d) Upon completion of ~e contract, transfer, at no cost, to
the public agency all public records in possession of the contractor or keep and
maintain public records required by the public agency to perform the service. If the
contractor transfers all public records to the public agency upon compietion of the
contract, the contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. .If the
contractor keeps and ma.intains public records upon completion of the contract, the
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 THE 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@southmiamifJ.gov; 6130 Sunset Drive,
South Miami, FL 33143. . .
41.0 Notices. Whenever notice shall be required or permitted herein, it shall be
delivered by hand delivery, e-mail (or similar electronic transmission). facsimile
transmission or certified mail, with return receipt requested and shall be deemed
delivered on the date shown on the e-mail or delivery confirmation for any
facsimile transmission or, if by certified mail, the date on the return receipt or
the date shown as the date same was refused or unclaimed. If hand delivered to
the CITY, a copy must be stamped with the official City receipt stamp showing
the date of deliver; otherwise the document shall not be considered to have been
delivered. Notices shall be delivered ·to the following individuals or entities at the
addresses (including e-mail) or facsimile transmission numbers set forth below:
To CITY:
With copies to:
Thomas F. Pepe
10/13/2016
City Manager,
6130 Sunset Dr.
South Miami,.Fl33143
Tel: (305) 668-2510·
Fax: (305) 663-6345
E-mail: salexander@southmiamifl.gov
City Attorney
6130 Sunset Dr.
South Miami, FL 33143
Tel: (305) 667-2564
Fax: (305) 341-0584
E-mail: tpepe@southmiamifl.gov
S6
To CONSULTANT:
42.0 Corporate Authority: The CONSULTANT and its representative who signs this
AGREEMENT hereby certifies under penalty of perjury that the CONSULTANT and
its representative have, and have exercised, the required corporate power and that
they have complied with all applicable legal requirements necessary to adopt, execute
and deliver this AGREEMENT and to assume the responsibilities and obligations
created hereunder; and that this AGREEMENT is duly executed and delivered by an
authorized corporate officer, in accordance with such officer's powers to bind the
CONSULTANT hereunder. and constitutes a valid and binding obligation enforceable
in accordance with its terms, conditions and provisions.
IN WITNESS WHEREOF, this AGREEMENT was signed on or before the date first
above written subject to the terms and conditions set forth herein.
ATTESTED:
By: __________________ _
M\iria M. Menendez, CMC
City Clerk
Read and Approved as to Form, Language.
Legality and Execution thereof:
By:· __________ _
Thomas F. Pepe, Esq.
City Attorney
Thomas F. Pepe
10113/2016
CONSUL TANT:
By: ____________________ _
(Print Name Above)
City of South Miami
By: _________ _
Steven Alexander
City Manager
57
Thomas F. Pepe
10113/2016
ATTACHMENT A
"COMPENSATION"
PI\OFESSIONAL SERVICE AGREEMENT
, C;:ommunity Rating System Program Services
,RFQ #PL20 16~23
58
ATTACHMENT B
INSURANCE & INDEMNIFICATION REQUIREMENTS
PROFESSIONAL SERVICE AGREEMENT
Community Rating System Program Services
RFQ #PL20 16-23
1.0 I Insurance
A. Without limiting its liability, the contractor, consultant or consulting firm
(hereinafter referred to as "FIRM" with regard to Insurance and Indemnification
requirements) shall be required to procure and maintain at its own expense during the life
of the Contract, insurance of the types and in the minimum amounts stated below as will
protect the FIRM, from claims which may arise out of or result from the contract or the
performance of the contract with the City of South Miami, whether such claim is against the
FIRM or any sub-contractor, or by anyone directly or indirectly employed by any of them or
by anyone for whose acts any of them may be liable.
B. No insurance required by the CITY shall be issued or written by a surplus lines
carrier unless authorized in writing by the CITY and such authorization shall be at the
CITY's sole and absolute discretion. The FIRM shall purchase insurance from and shall
maintain the insurance with a company or companies lawfully authorized to sell insurance in
the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a
minimum, from all claims as set forth below which may arise out of or result from the
FIRM's operations under the Contract and for which the FIRM may be legally liable, whether
such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly
employed by any of them, or by anyone for whose acts any of them may be liable: (a)
claims under workers' compensation, disability benefit and other similar employee benefit
acts which are applicable to the Work to be performed; (b) claims for damages because of
bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims
for damages because of bodily injury, sickness or disease, or death of anY'person other than
the FIRM's employees; (d) claims for damages insured by usual personal injury liability
coverage; (e) claims for damages, other than to the Work itself, because of injury to or
destruction of tangible property, including loss of use resulting there from; (f) claims for
damages because of bodily injury, death of a person or property damage arising out of
ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property
damage arising out of completed operations; and (h) claims involving contractual liability
insurance applicable to the FIRM's obligations under the Contract.
1.02 Firm's 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.
Thomas F. Pepe
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59
In addition, the policies 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.
I .04 Commercial Comprehensive General Liability insurance with broad form endorsement,
as well as automobile liability, completed operations and pr,oducts liability, contractual liability,
severability of interest with cross liability provision, and personal injury and property damage
liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000
aggregate, including:
• Personal Injury: $1,000,000;
• Medical Insurance: $5,000 per person;
• Property Damage: $500,000 each occurrence;
1.05 Umbrella Commercial Comprehensive General Liability insurance shall be written on a
Florida approved form with the same coverage as the primary insurance policy but in the
amount of $1 ,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded
on a form no more restrictive than the latest edition of the Comprehensive General liability
policy, without restrictive endorsements, as filed by the Insurance Services Office, and must
include:
(a) Premises and Operation
(b) Independent Contractors
(c) ~roducts 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 Exclus!ons 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 fo~ 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, required by of the Firm,
other than the Fire and Extended Coverage Insurance and substituting the word Subcontractor
for the word FIRM and substituting the word FIRM for CITY where applicable.
1.08 Fire and Extended Coverage Insurance (BUilders' Risk). IF APPLICABLE:
A. In the event that this contract involves the construction of a structure, the FIRM
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 belongingto,and constituting a part of said buildings
Thomas F. Pepe
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60
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, !it 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' Firm, as their interest may appear, and shall also cover the
interests of all Subcontractors performing Work.
B. All of the proviSions set forth in Miscellaneous section herein below shall apply
to this coverage unless it would be clearly not applicable.
1.09 Miscellaneous: .
Alf 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 FI RM 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 FIRM'S duty to indemnify the City as provided in
this Agreement.
D. Before starting the Work, the FIRM shall deliver to the CITY certificates of such
insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the
insurance policy. including the declaration page and all applicable endorsements and provide
the name, address and telephone number of the insurance agent or broker through whom
the policy was obtained. The insurer shall be rated AVII or better per AM. Best's Key
Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All
insurance policies must be written on forms approved by the State of Florida and they must
remain in full force and effect for the duration of the contract period with the CITY. The
FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of
the Policy (as defined in Article I of this document) which shall include the declaration page
and all reqUired endorsements. In addition, the FIRM shall deliver, at the time of delivery of
the insurance certificate, the following endorsements:
a. 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 becom'es 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";
b. a policy provision or an endorsement with substantially similar provisions as
follows:
Thomas F. Pepe
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61
"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 (I 0) days advanced written notice of the intent to materially
modify the policy or to cancel or terminate the policy for any reason. The
notification shall be delivered to the City by certified mail, with proof of delivery
to the City."
E. If the FIRM is providing professional services, such as would be provided by an
architect, engineer, attorney, or accountant, to name a few, then in such event and in
addition to the above requirements, the FIRM shall also provide Professional Liability
Insurance on a Florida approved form in the amount of $1,000,000 with deductible per
claim if any, not to exceed 5% of the limit of liability providing for all sums which the
FIRM shall become legally obligated to pay as damages for claims arising out of the
services "or work performed by the FIRM its agents, representatives, Sub Contractors
or assigns, or by any person employed or retained by him in connection with this
Agreement. This insurance shall be maintained for four years after completion of the
construction and acceptance of any Project covered by this Agreement. However, the
FIRM may purchase Specific Project Professional Liability Insurance, in the amount and
under the terms specified above, which is also acceptable. No insurance shall be issued
by a surplus lines carrier unless authorized in writing by the city at the city's sole,
absolute" and unfettered discretion.
Indemnification Requirement
A. The Firm 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 Firm or anyone acting through or on behalf of the Firm.
B. The Firm 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
Firm, 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 Firm's obligations under this AGREEMENT.
C. The Firm 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 Firm, its Sub-Contractor or any of their agents,
representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement,
Thomas F. Pepe
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62
or incident to or resulting from the performance or non-performance of the Firm's
obligations under this AGREEMENT.
D. The Firm 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 Firm. 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 Firm. CITY in
no way assumes or shares responsibility or liability for the acts or omissions of the
Firm. its contractor/subcontractor or any of their agents. representatives. employees. or
assigns. or anyone acting through or on behalf of them .
. E. The Firm 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.
Thomas F. Pepe
10113/2016
THIS IS INCLUDED IN THE GENERAL CONDITIONS
END OF SECTION
63
EXHIBIT #7
Community Rating System Program Services
RFQ #PL20 16-23
City·of South Miami Bid Protest Procedures
RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (FORMAL
PROCEDURE)
The following procedures shall be used for resolution of protested solicitations and awards. The word
"bid", as well as all of its derivations, shall mean a response to a solicitation, including requests for
proposals, requests for a letter of interest and requests for qualifications.
(a) Protest of soiicitation. Any actual or prospective bidder who perceives itself to be aggrieved in
connection with any formal solicitation or who· intends to contest or object to any bid
specifications or any bid solicitation shall file a written notice of intent to file a protest with the
City Clerk's office within three calendar days prior to the date set for opening of bids. A notice of
intent to file a protest is considered filed when received by the City Clerk's office bye-mail or, if
hand delivered, when stamped with the City Clerk's r~ceipt stamp containing the date and time of
receipt of a notice of intent to file a protest. Any actual responsive and responsible bidder who
perceives itself to be aggrieved in connection with the recommended award of a contract and who
wishes to protest the award, shall file a written notice of intent to file a protest with the City
'Clerk's office within three calendar days after. A notice of intent to file a protest is considered
filed when received by. the City Clerk's office bye-mail or, if hand delivered, when stamped with
. th~ City Clerk's receipt stamp containing the date and time of receipt.
(b) Contents of protest. A protest of the solicitation or award must be in writing ("Protest Letter")
and submitted to the City Clerk's office within five calendar days after the date of the filing of the
notice of protest. Protest Letter is considered filed when the Protest Letter and the required filing
fee are received by the City Clerk's office bye-mail or, if hand delivered, when stamped with the
City Clerk's receipt stamp containing the date and time of receipt. The Protest Letter shall state
with particularity the specific facts and law upon which the protest is based, it shall des!=ribe and
attach all pertinent documents and evidence relevant and material to the protest and it shall be
accompanied by any required filing. The basis for review of the protest shall be the documents and
other' evidence described in and attached. to the Protest Letter and no facts, grounds,
documentation, or other evidence not specifically described in and attached to the Protest Letter
at the time of its filing shall be permitted or considered in support of the protest.
(c) Computation of time. No time will be added to the above time limits for service by mail. The last
day of the period so computed shall be included unless it is a Saturday, Sunday. or legal holiday in
which event the period shall run until the next day which is not a Saturday. Sunday. or legal holi~ay_
(d) Challenges. The written protest may not challenge the relative weight of the evaluation criteria or
any formula used for assigning points in making an award determination. nor shall it challenge the
City's determination of what is in the City's best interest which is one of the criteria for selecting a
bidder whose offer may not be the lowest bid price.
W Authority to resolve protests. The Purchasing Manager, after consultation with the City Attorney.
shall issue a written recommendation within ten calendar days after receipt of the written protest.
Said recommendation shall be sent to the City Manager with a copy sent to the protesting party_
The City Manager may then, submit a recommendation to the City Commission for approval or
Thomas F. Pepe
10/13/2016 .
64
disapproval of the protest, resolve the protest without submission to the City Commission, or
reject all proposals.
(f) Stay of procurement during protests. Upon receipt of a timely and proper written protest filed
pursuant to the requirements of this section, the City shall not proceed further with the
solicitation or with the award of the contract until the' protest is resolved by the City Manager or
the City Commission as provided in subsection (f) above, unless the City Manager makes a written
determination that the solicitation process or the contract award must be continued without delay
in order to avoid potential harm to the health, safety, or welfare of the public or to protect
substantial interests of the City or to prevent youth athletic teams from effectively missing a playing
season.
Thomas F. Pepe
10/13/2016
END OF DOCUMENT
65
MIAMIDAiL Y.BUSINESS REVIEW.
Published' oaliy'excapi Salurday. SUnd~:and
Legal·,HoBday.
'fAlarrii, Miami-Dad" 'County, FIOJlda
STAle OF FLORIDA
.cOUMTY OF MIJ\MI.QAnE:
·B~ the undersigned authotlly personally appeared.
MARIA MESA. who :dO Galb \lays \hat 'I'leort;he i$. the LEGAL
.CLERK. 'legal Nollces of the Miami' Daily Business Revi~w
fIkla Miami R.eview. i! dlll'Y (except Saturday. Sunday and
legal Hcilidhiilnew~pap$'. pubfilihed 111 Miami ill Mial)ll..Jjade
Cqul'lty, florida; .tI1'ii)' :the. altaclled' copy of advElrtlsemen~
beIl19 a Legal AdVei'lisemeQl of Notice in the matter of
In lhe)(XXX:CoIllf,
W8\I published In eaid ·newspaper in Ihe IS$UBS of
11I1$/l!016
Affiant f\IrIhersays ·that tile said Miami Daily Business
Review is, a IlBWI;II,aper p.Ubllshed ·at Miami. in' liIIid
Miami·Dade ·Coulily. Ronda and thai the /laId. newspaper hBIl
hllff\OfQre. .been c;o.nlinuDusly published in $ald MIahII-Dade
'C~unty, Flonifa each day (excepISatll/tl!ly. Sunday ahd'
Legal 'HoIllIays) Md ha.· been entered .as second -class niall
matter at the 'JIOliI office· In Miami in said Miami·Dade County.
Frorid~for a period of one year nexl preredlilg the first
pllbliG!itJon of the ,attaChed copy of .adliertlsement; 'and affiant
ful:lher 8I!Y$ Ih.at. he. I:!' ·she· has naHher paid nor ,promised any
person. 'ii11ll ,or cotP9raUorl any' dISCQUnt. rellale. commission
.or [efu~d fGr ,\he .:PU!JIOS!! of ~ecuring' this .advertisament .for
.• -:.t •.••. _':.>. ••••
Member Name
Bid Number
Bid Name
4 Document(s) found for this bid
8 Planholder(s) found.
Supplier Name
Advanced Starlight International
Coastal Systems International, Inc
Collective Water Resources, LLC
Dewberry
HW Lochner, Inc.
Integrated Solutions Consulting
Link Systems LLC
M2E LLC
City of South Miami
RFQ-RFQ #PL2016-23-0-2016!SK
Community Rating System
Program Services
Address 1
113 SW 5th Avenue
464 S. Dixie Hwy
2046 Treasure Coast Plaza
8401 Arlington Blvd
4350 W. Cypress Street
3900 North Freemont
5870 Hummingbird Court
5815 SW 68th St
Address 2
Suite A-308
Suite 800
Suite i
City State Zip Phone Attributes
Portland OR 97205 5032225718
Coral Gables FL 33146 3056613655
Vero Beach FL 32960 7725843573
Fairfax VA 22031 7038490200
Tampa FL 33607 8133573750
Chicago IL 60613 8474776542
1. Small
Titusville FL 32780 4074010031 Business
Miami FL 33143 3006651700
... ".
(i)0
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" "
" 0
·~'Miami
o T~~:9W.9M'i~$~T:9\,1lli1q" 0 " "
Pre!iiBid:Conference $.ig~~I~":~hl!:et" 0" "
X:\PUichasin~equest fur Proposals & QuaUncation (RFPs)\CRS Flood Pla:ih"Mima.gemefit\Pte-bid~Bid Meeting Sign~Jn Sheet"RFQ "
o PL2016-23.doco' " "
. "~". -:
.....
BID OPENING REPORT
. " r ,,'
Bids were opened on: Wednesday, December 21, 2oi6 after: 11:00ah:l,
For: ,.RFQ# PW 2016 .. 2J Community RatingSyste.m Program Services
COMPANIES tHAT SUBMITtED PROPOSALS:
. ·:.·;.':A.*=:~
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. RECElv~I)(, ',' ;.<,~"t,;';f' .,
1. AMEC FOSTER WHEELER ............................................. . .: ,'::/'-:.';
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2,. GRS MAXCONSULTANTS,INC .. , .................... : .... , .......... .
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'! ':'
THE ABOVE BIDS HAVE NOT ,BEJ<~N CHECKED.
THE BIDS ARESUIJJECT rOCORRECTlONAFTER1'HE BIDS HAVE BEEN COMPLETELY RltVIEWED .. . -, '.. -....,' '--'.' .,.' ',-,.
Maria M. Menendez
City Clerk;-:-:=-~ ______ ~ __ _
1~!I~J
Prin,t N~me
Witness:
Witn~S:_::::-:---::-:--",, _______ _
Print Name Signature
Proposal for
Natlcnill Flood Insurance Progt'IJm
Cctnm""hyR.~n9 S\'al.m
Co()rdinator's
Manual
Community Rating System
Program Services
City of South Miami
RFQ #PL2016-23
~ South'Miami
Submitted to:
City of South Miami
Office of the City Clerk
6130 Sunset Drive
South Miami, FL 33143
-'tf amec I foster L.c/
wheeler
Original
Submitted by:
Amec Foster Wheeler
Environment & Infrastructure, Inc.
4021 Stirrup Creek Drive, Suite 100
Durham, NC 27703
December 21, 2016
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December 21, 2016
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Ms. Maria M. Menendez, CMC
South Miami City Clerk
6130 Sunset Drive
South Miami, FL 33143
RE: RFQ # PL 2016-23
Dear Ms. Menendez:
The Community Rating System (CRS) is a program that helps to reduce damage to insurable
buildings, saves lives, and reduces the cost of flood insurance for policy holders. Amec Foster Wheeler
. Environment & Infrastructure, Inc. is pleased that the City of South Miami recognizes the importance
of this program to ensure residents are better protected and the cost of flood insurance is reduced
even further. As such we have prepared a proposal to provide CRS Program Support services and for
an upcoming Modification Visit to lower the City's CRS classification from 7 to 6 or better. " ~
Amec Foster Wheeler has unparalleled experience and a qualified staff to begin assisting the
City of South Miami. Our Project Manager, David Stroud, CFM has over 24 years of CRS program
experience. For 18 years, he worked directly for FEMA's CRS Program as the Flood Training
Coordinator and lead hazard mitigation planner. For the last 7 years, Mr. Stroud has remained as a
consultant to the CRS providing ongoing technical support and services including assistance in the
development of both the 2013 and upcoming 2017 CRS Coordinator's Manuals.
Amec Foster Wheeler is prepared to assistthe City of South Miami, FL in their desire to improve
their CRS classification under the guidance of the 2013 and 2017 CRSCoordinator's Manuals and to
strive to reach a lower CRS classification of 6 or a 20% reduction in flood insurance premiums or even
lower classification. All work performed by Amec Foster Wheeler to achieve this goal will be completed
within the City's 2017 Fiscal Year ending in September 30th or sooner. Please note that if a
Modification visit is required by the Insurance Services Office, Inc. (ISO), the date for this visit is
dictated by their work schedule and could occur after September 30th •
Amec Foster Wheeler is extremely familiar with the changes to the 2013 CRS Coordinator's
Manual and the impacUhese changes have on local programs along with the updates to the 2017 CRS
Coordinator's Manual. Since Amec Foster Wheeler was involved in developing both the 2013 and 2017
Manuals and because Amec Foster Wheeler has represented communities throughout the
southeastern US (including in Florida) by utilizing the 2013 standards, we understand areas where
credit points are most at risk and which CRS activities may benefit a community for increased credit.
The following steps provide an overview of Amec Foster Wheeler's approach for the project tasks to
be performed for the City of South Miami:
A. Prepare an assessment of the City's current CRS Program
Amec Foster Wheeler will evaluate all current CRS program activities the City is currently
receiving credit and first look for other available elements of credit within thos~ existing activities. The
next step is to look at other activities of credit and evaluate the appropriateness for implementation.
B. Benefits of a Program for Public Information (PPI)
A Program for Public Information (PPI) allows a community to think "outside" the box on
outreach and prepare its own program outside of what the CRS Program requires. This allows the
community to develop an outreach program that best suits its needs and its citizens.
Amec Foster Wheeler Elwlronmellt & Infrastructure, Inc.
4021 Stirrup Creek Drive. Suite 100
Durham, North Carolina 27703
Tel 919-381-9900
Fax 919-381-9901
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C~ Benefits of a Repetitive Loss Area Analysis (RLAA)
Amec Foster Wheeler developed the RLAA Model Guidance for the CRS program. The credit
has increased from 90 points in 2007 to 140 points in 2013 and will become increasing important when
the 2020 CRS Coordinator's Manual is released. By completing this now. the City will be ahead of the
rest of the Country in having theirs completed.
D. Prepare for Modification Visit
Amec Foster Wheeler has been involved in many CRS verification and modification visits on
behalf of communities and while working for ISO reviewing the ISO/CRS Specialists' field work from
program management standpoint. Therefore. Amec Foster Wheeler is the only firm which has both
inside and outside CRS visit experience and the only firm that has a continuing contract with the
program including the development of the CRS Coordinator Manuals. This experience will prove
valuable in helping South Miami prepare for a Modification Visit and the development of appropriate .
documentation and impact adjustment mapping. etc. Amec Foster Wheeler will prepare all mapping
and GIS functions required to support this project. Additionally. Amec Foster Wheeler will speak up on
behalf of South Miami at the Modification visit and answer any questions in support of the
documentation. procedures or calculations ..
The Amec Foster Wheeler team is ready to begin assisting the City of South Miami in their
desire to lower their CRS classification to 6 or better. Should you need any clarification. please contact
our Project Manager assigned to this project listed below.
David Stroud. CFM
David stroud@amecfw com
919-765-9986: Office
919-325-6497: Mobile
Amec Foster Wheeler (Environment & Infrastructure, Inc.)
4021 Stirrup Creek Drive. Suite 100
Durham. NC 2n03
~uthorized Representatives
Andrew Hadsell. PE. CFM
Water Re"sources Unit Manager
Amec Foster Wheeler
(Environment & Infrastructure. Inc.)
4021 Stirrup Creek Drive. Suite 100
Durham. NC 27703
Sincerely,
Richard Leone. Vice President
Office Manager
Amec Foster Wheeler
(Environment & Infrastructure. Inc.)
4021 Stirrup Creek Drive. Suite 100
Durham. NC 27703
Amec Foster Wheeler Environment & Infrastructure, IlJc.
Michael Phelps
Office Manage
Amec Foster Wheeler
(Environment & Infrastructure. Inc.)
200 Edgewood Drive. Suite 215
Lakeland. FL 33803
Andrew Hadsell, PE, CFM
Water Resources Unit Manager
David Stroud, CFM
Project Manager
Amec Foster Wheeler Environment & Inrrastrllclure, Inc.
4021 Stirrup Creek Dnve. Suite 100
Durham, Nortll Carolina 27703
Tel 919-381·9900
Fax 919-381·9901
ii
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Table of Contents
Transmittal Letter: Page i and ii
Statement of Acknowledgement: Pages 1 -3
Title Page: Page 4
Qualification Statement: Page 5
Executive Summary: Pages 5 -8
Respondent's Experience: Page 9
Respondent's Pa~t Performance: Pages 10 -15
Organization Chart: Pages 16 -24
Fulfillment of All Solicitation Documents: Pages 25 -62
Community Rating System Program Assistance
Amec Foster Wheeler I City of South Miami, Florida
wheeler
Statement Acknowledging Each Addendum
~."'I" . ~~
amec L~
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Wheeler
Amec Foster Wheeler Environment & Infrastructure acknowledges reciept of two addendums to RFQ
NO. PL#2016-23. We have received:
Addendum No. # 1 dated November 21, 2016; and
Addendum No. # 2 dated December 7, 2016
These 2 Addendum are included on the next two pages.
Community Rating System Program Assistance
Amec Foster Wheeler I City of South Miami, Florida
Project Name:
RFQNO.
Date:
Sent
ADDENDUM No; #1
Comm"nil¥ Rating System ·Program Services
PL#2016.21
November·21.2016
FaxlE-maiUwebJl'lge
This ackJendum submission is issued to clat.if7;supplement ~dJOf modify the previously issuc;d
So!icitation,.ind is hereby rrilde .. part of the ~ocu~ents. All requirements of the Documents
no~ modified her~iIi s~;d) remain iri lull. force and .etr~t as originally set forth. It shall Qe tl!e
~o!erespo"sibIIity Of the . bidder to $eClD'e Addendums that may be issued for a specific:
solicitation.
THE SUBMITTAL DUE DATE IS REVISED TO:
DECEMBER 21, 1016 at· i 1:00 AM
IT SHAw:. BETHE SOLE ft.ESPON$IBI"ITY OF llIE BIDJ)ER TO SECURE
ADDI;NDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION.
Pugd of!
Community Rating System Program Assistance
Amec Foster Wheeler I City of South Miami, Florida
. ~." . ~~
. amec US
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wheeler
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Project Name:
RFQNO.
ADDENDUM No.fl
Community Rating System Program Services
Pl#20r6-23
Dec~mber 7. 2016
FaX/E-inail/webpage
This I/Jdendum submission Is Issued to darlfy. supplement andlor mocflfy the previolJ5ly issued
SoIidlatfon, and is hereby maile pan ~f ~eDOcuments. All requirementS.of the Documents'not
modillecf" herein' sliall ramaln In filII fon;e and etfect as originally set forth. It shall be the sole
responsibDity. of ~e bl~dei" to secure Addendums that may be issued for a specific solidutlon.
QU&STION ##.:
In the second paragraph on Page 3Q, the goal to Improve from'a Class 7 to 6 is Stilted. At. d!e
bOllO!l1 of the page. the goal to improve rrom a Class·' to 5 ~ SIa11!d. Could you please clarify
that?
RESPONSE:
It is the City's goal to improve from B Class 7 to I 6. The:Sec:tion in the RFQ on Page 38 "Scope
ofWorlc.'" is revised to reflect the C:ltfs goal for this prOJect: .
f. Provlrle an asseumant Of tIIeCft;'s current CftS Jlrogram aJicl assist the-city In
loole"" far' ways to 'mflrove the current (,:RS rodn, {'mJlrove (rom a CAS
Classification 7 to (I CRS'Classlfic.otIan 6 or better).
QUEST.oNm
Does the City have GI5 and mapping capability, .or would mapping lunaJons primarily be expected
of the successful proposer! .
·REsPONse
ThesuccessfuJ Respondent is responsible for GIS mapping capabilities 15 it relates to the
completion of this project.
IT SHALL eE THE SOLE RESIlONSIBILITY OF THE B'DDEJl TO SECUflE
ADDENDUMS T"AT MAY BE ISSUED FOR A SPECIFIC SOLICITATION.
PD~e' of!
Community Rating System Program Assistance
Amec Foster Wheeler I City of South Miami, Florida
.~~
·ameic ,?
foster
wheeler
~~ amec C~
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AGENCY/FIRM: Amec Foster Wheeler Environment & Infrastructure, Inc.
ADDRESS: 4021 Stirrup Creek Drive, Suite 100, Durham, NC 27703
TELEPHONE NUMBER: (919) 765-9986
NAME OF CONTACT: David Stroud,'CFM
EMAIL ADDRESS: david stroud@amecfw com
DATE: December 21, 2016
SUBJECT: "Community Rating System Program Services RFQ," RFQ #PL2016-23
. Community Rating System Program Assistance
Amec Foster Wheeler I City of South Miami, Florida
Qualification Statement
~~~ . ~. amec L:' foster .
Wheeler
Headquartered in Alpharetta, Georgia, Amec Foster Wheeler has been ir:J operation for over 70 years
and is licensed in all 50 states and throughout Canada. We specialize in water resourc~s services,
hazard mitigation planning and emergency management, CRS, GIS and floodplain mapping, loss
estimation modeling using HAZUS~MH, data collection and information management. community
outreach and stakeholder facilitation.
We are nationally recognized for helping communities achieve lower ratings
. through effective CRS program implementation strategies. Amec Foster
Wheeler is currently contracted by FEMA and ISO to review floodplain
management and DMA hazard mitigation plans submitted to the CRS Program
for credit. Amec Foster Wheeler's past experience in the CRS Program is
continually called upon by FEMA and ISO to help with program development
and to assist with plan reviews. Amec Foster Wheeler is effective in helping communities lower their
CRS ratings and further reduce the cost of flood insurance for policy holders.
1. Executive Summary
Amec Foster Wheeler is prepared to assist the City of South Miami in their desire to lower their CRS
classification from a Class 7 to .a Class 6 or. better under the guidance of the 201312017 CRS
Coordinator's Manuals. Amec Foster Wheeler is extremely familiar with the changes to the 2013/2017
CRS Coordinator's Manuals and the impact these changes have on local programs. Since Amec Foster
Wheeler was involved in developing the 2013 and 2017 Manuals and since Amec Foster Wheeler has
represented communities· ~tilizing these standards, we have a proven track record of assisting
communities in Florida and across the country with class improvements under the 2013 CRS
Coordinator's Manuals. David Stroud, CFM with over 24 years of CRS experience will be the Project
Manager for all ·of the tasks under this RFQ along with other Amec Foster Wheeler staff shown in
Section 4. Organization Chart.
The following steps provide an overview of Amec Foster Wheeler's approach for the project tasks to
be performed under this RFQ:
a. Provide an assessment of the City's current CRS program and assist the Town in looking
for ways to improve the current CRS rating (Improve from a CRS Classification 7 to a .
CRS Classification 6 or better).
Amec Foster Wheeler will hold an initial "kickoff meeting" to explain ways in which the City can improve
its rating which may include implementing elements in existing activities or undertaking new activities
under the 2013/2017 CRS Coordinator's Manuals. Amec Foster Wheeler will provide the City a report
(assessment) which outlines the best strategies for South Miami to implement for a class
improvement. Below is a listing of CRS credits under the 2007 CRS Coordinator's Manual that the City
received for their pr~vious Classification 7 (Please see Section 2 for a list of communities assisted).
Amec Foster Wheeler will provide realistic recommendations on ways to lower its classification that
provide a positive cost-benefit or return on investment -number of credit points versus effort.
Based FEMA's Community Information System (CSI), South Miami was last verified by ISO in 2012;
therefore, a Cycle Verification Visit -a complete review of the City CRS program should be conducted
Community Rating System Program Assistance
Amec Foster Wheeler I City of South Miami, Florida
in 2017 based on a five-year cycle period,
CRS Activity Points
·~~
amec .,?
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Wheeler
b. Provide input on the benefits and requirements of developing a comprehensive
Program for Public Information (PPI) program.
The CRS encourages communities to think "outside the box" and to leverage other partners and
stakeholders in getting flood protection messages out to the public. Ihe PPI is the only way many
communities can regain points that are lost under the 300 Series of Activities. The benefit of
completing a PPI is that a community gets to direct its own outreach messages and dissemination
methods (what works best for your community), Additionally, there is a 40% multiplier attached to
Activity 330 credits and additional credits in other activities in the CRS Program.
The development of a PPI would require that a committee be formed which must include outside
. stakeholders not attached to local government, but must also include at a minimum. those persons
responsible for floodplain management in the City and the office responsible for public information
(PIO) if that exists. Half of the membership of this committee must be from outside of the community,
either citizens or stakeholders.
A minimum of two committee meetings must be held to work through the planning process. The
process will assess the community's public information needs by identifying target areas of a
community to concentrate messages on such as repetitive loss areas, floodplain areas or the entire
community. Important also is to identify target audiences such as bi-lingual populations, elderly,
disadvantaged, etc. Formulation of messages to meet the target areas and audiences must be
developed. Identification of specific outreach projects to convey those messages and to examine
other outreach and public information initiatives such as enhancements to the Town:s website among
other CRS activities would also be factored into the process.
Amec Foster Wheeler has developed PPI '5 for a number of communities including in the Town of Cutler
Bay, FL, the City of Sacramento. CA arid the City of Wilson. NC.
c. Provide input on the benefits and requirements of developing a Repetitive Loss Area
Analysis (RLAA) which includes a study and evaluation of the events leading to flooding
of its repetitive loss properties.
Community Rating System Program Assistance
Amec Foster Wheeler I City of South Miami, Florida
i
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M_:'~~ , 'R ,amec [\,.\ foster ,-
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The Town should consider implementing a Repetitive Loss Area Analysis (RLAA) under activity 510
since the credit for this element has increased from 50 points under the 2007 CRS Schedule to 140
points under the 2013 CRS Schedule. Since the Town has a manageable number of repetitive loss
properties (8 properties) as shown below, this could bring additional CRS credits and push the City
closer to a Classification 6 or better. '
M;.ii!l:1"3*Stlt8l'~IICICJoMI!
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Community Repetitive ~o.e
COMIWNnv: SOU~NlAM" CITY OJ:'
Additionally, upcoming in the 2020 CRS Coordinator's Manual developing a RLAA may become a
requirement. If South Miami, Prepares a RLAA they will be ahead of the rest of the country when this
becomes a requirement. Amec Foster Wheeler prepared the Activity 510 RLAA Model Guidance for
the CRS Program. Amec Foster Wheeler has also assisted the City of Savannah, GA, City of Wilson,
NC, City of Alexandria, VA and Knox County, TN in developing RLAA's.
d. Prepare for the Modification Visit in Preparation of documentation to support credit for
each CRS Activity and develop a verification manual.
Amec Foster Wheeler will assist City departments in the preparation of documentation to support
credit for each CRS activity. This includes working with the CRS Coordinator and various department
representatives. Cooperation will be required from each department that is providing supporting
documentation. Amec Foster Wheeler will prepare a verification manual "electronic file" organized by
CRS activity which provides every piece of documentation required to support credit. such as
community statements, forms, pages from regulations, maps, etc. Amec Foster Wheeler will mark up
the documentation to show the element of credit that is being applied and provide the appropriate
acronym in the margin as required by ISO.
Amec Foster Wheeler will be engaged and will speak up if/when the ISO/CRS Specialist requires
something that is not expliCitly spelled out in the documentation requirements or the Manual.
Additionally, Amec Foster Wheeler will answer any questions in support of documentation, procedures
or calculations on behalf of South Miami.
We will provide modification visit guidance in the following areas (even those credits already verified
by ISO) so that we look comprehensively at all of the City's potential credits under the CRS Program.
Amec Foster Wheeler will perform all functions listed under the preparation for a modification visit and
will take the lead in those activities from a programmatic standpoint. It will be necessary for the City
of South Miami to provide some documentation and resources to support the effort.
Community Rating System Program Assistance
Amec Foster Wheeler I City of South Miami, Florida
.~1M amec I'~ foster --
wheeler
Amec Foster Wheeler will ensure that the CRS Coordinator is involved in all functions of the project.
Additionally. Amec Foster Wheeler will prepare all GIS-related and impact adjustment mapping to
support the various CRS activities.
In addition to attending the ModificationlVerif!cation Visit Amec Foster Wheeler will help prepare any
follow-up documentation required in response to the ISO 30-Day Letter. We understand the potential
missing documentation that may result from the Modification or Verification Visits and can help to
quickly assemble it for submittal to ISO.
2. Respondent's Experience
Headquartered in Atlanta. GA. Amec Foster Wheeler EnvironlTlent & Infrastructure. Inc. is an
environmental consulting. engineering and design. and construction company operating with more
than 3.300 professionals in about 90 locations across the US. Serving the clean energy. federal.
industrial/pharmaceutical. mining. oil &gas. transportation. and water sectors. we provide services to
both public and private clients worldwide. This entity is part of a larger Division of Amec Foster
Wheeler pic. a publically traded company based iii London. For additional information. visit
amecfw.com.
Corporate Officers (These officers have 0% ownership)
Ann Massey, President
Kendall Sherrill. Vice President Operations and Finance
Bradley Knight. General Counsel and Secretary
Lytle C. Troutt. Senior Vice President
History
Amec Foster Wheeler Environment & Infrastructure. Inc. was incorporated in the state of Nevada on
June 1.1994 under the name of AGRA Earth & Environmental. Inc. On September 6. 2000. the above
name was changed to AMEC Earth & Environmental. Inc. On November 1. 2011. the AMEC Earth &
Environmental. Inc. name was changed to AMEC Environment & Infrastructur~. Inc. On January 1.
2015. the AMEC Environment & Infrastructure. Inc. name was changed to Amec Foster Wheeler
Environment & Infrastructure. Inc.
Core Services
Environment and infrastructure. engineering. consulting and project management
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96 officeS .+58 offices + 21 offices
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.. 6,101 employees
.. 17S offIces
Community Rating System Program Assistance
Amec Foster Wheeler I City of South Miami, Florida
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3. Respondent's Past Experience
Hands-on experience providing ens services
Our. project lead, Mr. David Stroud, CFM, has over 24 years'
experience with the CRS Program (18 of those years working
directly for ISO and the CRS Program), the National Flood
Insurance Program (NFIP) requirements, ordinance review and
revisions and hazard mitigation plan development and reviews.
Within the past 7 years, Mr. Stroud has provided CRS Program
profesSional consulting services to local and state
governments, FEMA and ISO. Working with ISO from the
beginning of the CRS Program in 1991, Mr. Stroud and Amec
Foster Wheeler have maintained a 'CRS Program contract to
provide technical support and hazard mitigation plan reviews at
the request of FEMA and ISO including development of the
2007,2013 and 2017 CRS Coordinator's Manuals.
Amec Foster Wheeler has direct experience providing
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Amec Foster
Wheeler is a leader
in helping
communities
.. achieve CRS class
improvements
communities in Florida with CRS program assistance and support. Amec Foster Wheeler has
provided CRS Program assistance to the City of Sain~ Augustine, Seminole County and Collier County
in the recent past. We are currently providing CRS Program assistance to the Town of Cutler Bay,
Orange County and the City of Miramar. We were just selected by the Town of Miami Lakes to provide
CRS Program services including a Plan for Public Information (PPI) under Activity 330 and for the
development of a Repetitive Loss Area Analysis (RLAA).
Amec Foster Wheeler not only has experience in Florida, but in other communities across the country
with large flood insurance policy bases, complex programs and award winning CRS Programs, such as
Charleston, SC, Alexandria, VA and Sacramento County, CA which is a CRS Class 3 community. Our
experience also includes development of Programs for Public Information, Repetitive Loss Area
Analyses (RLAA), floodplain management and multi-hazard mitigation plans and emergency
management program support, training and exercises. Moreover, our CRS experience from other
states and communities will offer innovative practices and ideas that can be leveraged in South Miami.
Helping communities achieve ens class increases and/or additional activity credits
Amec Foster Wheeler is a leader in helping communities to achieve higher CRS classifications.
Communities call on us because of our direct experience working in the CRS Program and our
continued involvement as a consultant to FEMA and ISO. Amec Foster Wheeler is effective in helping
communities achieve maximum credit for both their CRS Applications, Modifications, and Cycle
Verification Visits. Below are some examples of our recent successes:
Municipality Year of Floodplain Management and CRS Success Service
Town of Raleigh, NC 2012 Improved from CRS Class 7 to Class 6
Preparing CRS Focused Floodplain Management Plan,
Town of Wilson, NC 2015 Repetitive Loss Area Analysis, and Program for Public
Information
Town of St. Augustine, FL 2011 Improved from CRS Class 8 to Class 7
Seminole County, FL 2011 Improved from CRS Class 7 to Class 6
Community Rating System Program Assistance
Amec Foster Wheeler I City of South Miami, Florida
Municipality Year of
Service
T. • , nox ou ty
Alexandria, VA 2012
Sacramento, CA 2011
2012-2014 Charleston, SC ,&2016
Kershaw County, SC 2013
Lexington County, SC 201212013
Cutler Bay, FL 2014
Waveland, MS 2013
Sutter County, CA 2014
Collier County, FL .2014
Savannah, GA 2014.
Miramar, FL 2015
Westminster, CO 2015
Folly Beach, SC 2016
Morehead City, NC 2016
Town of Miami Lakes, FL 2017
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Floodplain Management and CRS Success
~ • . :
Improved from CRS Class 7 to Class 6
Improved from CRS Class 4 to Class 3
Improved from CRS 7 to CRS 91ass 6 (4.9 million in
overall NFIP savings) Contracted to lower classification
t05
New Application CRS Class 9/Floodplain Management
Assistance
NFIP Floodplain Management and CRS Program
Assistance (2016 preparing floodplain management
plan -CRS Activity 510)
Met Activity 510 CRS Planning Requirements and
Activity 330 Program for Public Information Activity
330 Requirements (Ongoing CRS Program
Improvement for 2015)
Met Activity 510 CRS Planning R~uirements
Met Activity 510 CRS Planning Requirements
Prepared Activity 510 CRS Floodplain Management
Plan
Preparing Activity 510 CRS Floodplain Management .
Plan and a Repetitive Loss Area Analysis
Improved from CRS Class 9 to Class 8 working toward
Class 7
Maintained CRS Class 6
Working to improv~ from CRS Class 7 to 6
Development of CRS Activity 510 compliant Floodplain
Management Plan and Activity 330 Program for Public
Information
CRS Program Improvement, Development of an
Activity 510' Repetitive Loss Area Analysis (RLAA) and
Activity 330 Program for Public Information
Know/edge of administrative and technical operational requirements of the eRS program,
including ISO review and scoring methods, and impact adjustments
Amec Foster Wheeler has extensive knowledge of the administrative and technical operational
requirements of the CRS program. David Stroud, CFM, the former Flood Training Coordinator, has 24
years of administr~tive and operational requirements of the CRS in all 19 CRS activities. He helped to
develop the scoring methodology and impact adjustments through his tenure on the CRS Task Force
and his years as a member of the CRS Program Coordination Committee for the CRS program.
Mr. Stroud taught the administrative and technical operational requirements of the CRS Program at
the Emergency Management Institute (EMI) for 16 years, including how t~e ISO/CRS Specialists
review each activity, how each activity is scored and the procedures for impact adjustments. Of
primary importance is the impact adjustment factors which are not the same for every activity. The
correct application of the impact adjustment can make a significant difference in credit.
Community Rating System Program Assistance
Amec Foster Wheeler I City of South Miami, Florida
Floodplain Mitigation Plan and 5-Year Cycle Verification Visit Assistance
Town of Cutler Bay, Florida $73,000 (October 2013 through Present)
Amec Foster Wheeler recently prepared a Floodplain
Mitigation Plan (FMP) for the Town of Cutler Bay, Florida. This
FMP scored 369 points of credit. Amec'Foster Wheeler also
prepared a Program for Public Information (PPI) which
received maximum credit along with additional bonus credits
for other CRS activities. The FMP was developed in a joint and
cooperative venture by members of the Cutler Bay Planning
Team to ensure Cutler Bay's continued eligibility for federal
disaster assistance including the FEMA's Hazard Mitigation
Grant Program' (HMGP), Pre-Disaster Mitigation Program
(PDM), and FMA Program. Amec Foster Wheeler worked with
the Town to prepare them for their 5 year Cycle Verification
Visit. This assistance included preparing various pieces of
documentation to support activities along with impact
adjustment maps and an updated outreach brochure to mail
out to floodplain residents.
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Amec Foster Wheeler helped prepare the Town. for its 5-year cycle verification visit under the
new 2013 CRS manual and identified possible new activities for additional credit. Additionally,
Amec Foster Wheeler developed a CRS Activity 510 compliant Floodplain Management Plan
which scored over 370 pOints. .
Floodplain Management Plan
Collier County, Florida $75.000 (April 2014 through March 2015)
Amec Foster Wheeler is currently updating the Floodplain
Management Plan for Collier County, Florida. This plan fulfills
the requirements of Section 104 of the DMA, qualifies for CRS
credit, and most importantly provides Collier County with
effective actions for reducing flood hazard impacts on people
and property. Collier County and Amec Foster Wheeler folloWed
a planning process based on DMA criteria, plus integrated a
more detailed 10-step planning process based on FEMA's CRS
and Flood Mitigation Assistance (FMA) programs. The plan was
developed under the guidance of a Floodplain Management
Committee (FMPC) comprised of representatives of Collier
County Departments, citizens and other stakeholders. The Plan
included a hazard profile and vulnerability to climate change and
sea level rise; coastal/canal bank erosion; dam/levee failure; 100-yr and 500-yrflood events; localized
stormwater flooding; and hurricane and tropical storms.
Amec Foster Wheeler help Collier County to develop a CRS compliant Floodplain Management
Plan under Activity 510 and it provided enough credit points to help the County lower its
classification.
Community Rating System Program Assistance
Arnec Foster Wheeler I City of South Miami, Florida
CRS Program Assistance -Five Year Cycle Verification Visit
City of Charleston, South Carolina $50,000 (January 2013 -Ongoing)
Amec Foster Wheeler assisted the City of Charleston in
preparation for their 5-year cycle verification visit by ISO. Amec
Foster Wheeler assisted various City departments with
documentation to support credit for each CRS activity. Amec
Foster Wheeler also prepared a verification manual "notebook"
organized by CRS activity which provided every piece of
documentation required to support credit, such as community
statements, forms, pages from regulations, maps, etc. Amec
Foster Wheeler marked up the documentation to show the
element of credit being applied and provided the appropriate
acronym in the margin as required by ISO. Amec Foster
Wheeler also engaged with the ISO/CRS Specialist to provide
any necessary clarification. and answered any questions in
support of documentation,·· procedures or calculations on
behalf of the City. Amec Foster Wheeler also provided a post-
verification visit report which outlined the next steps to move
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closer to a higher CRS classification. The City retained the services of Amec Foster Wheeler in
November 2016 to prepare them for a Modification to a CRS Classification 5.
Amec Foster Wfleeler help the City of Charleston lower it CRS classification from 7 to 6 and is
contracted to help them lower to a classification 5.
CRS Program Assistance -Five Year Cycle Verification Visit
City of Folly Beach, South Carolina $17,600 (May 2016 -Ongoing) .
Amec Foster Wheeler is currently assisting the City of Folly
Beach in preparation for an upcoming CRS five year Cycle
Verification Visit from ISO (rescheduled due to Hurricane
Matthew). This included a kickoff meeting to explain the areas
where Folly Beach was going to lose credit under the 2013
. CRS Coordinator's Manual and to provide them with a road
map for implementing new elements under existing activities
and implementing new activities for additional credit. One
significant area of credit for Folly Beach is inclusion of marsh
lands under Activity 420 Open Space Preservation. Marsh
lands were not allowed to be counted as open space under the
2007 Coordinator's Manual. Amec Foster Wheeler reviewed
all of the City's Elevation Certificates under Activity 310 to ensure they were correct and would not be
counted against the City in the evaluation.
Amec Foster Wheeler is contracted with the City of Folly Beach to lower it CRS classification
from7t06
Community Rating System Program Assistance
Amec Foster Wheeler I City of South Miami, Florida
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CRS Program Assistance -Repetitive Loss Area Analysis and Floodplain Management Plan -
CRS Activity 510, Program for Public Information -CRS Activity 330 and Five Year Verification
. Visit Assistance
City of Wilson, North Carolina -$24,300 (January -September 2015)
Amec Foster Wheeler prepared a Floodplain Management
Plan (FMP) for the City of Wilson. NC which includes profiling
the flood hazards. preparing a risk assessment and hazard
vulnerability. setting goals; identifying mitigation strategies.
and preparing an implementation schedule. The planning
process to create Wilson's FMP is a blended process of DMA.
FMA and CRS as describe in their request for proposals. After
compiling the data. completing the analysis. mapping the
properties and developing mitigation strategies. the plan was
adopted by the City Council and scored 370 points out of a
total 382 points in Activity 510. The City of Wilson FMP will
provide greater focus and foresight in reducing future flood
occurrences.
Amec Foster WlJeeler also prepared a Repetitive Loss Area
Analysis (RLAA) for repetitively flooded properties and areas
to determine the most effective mitigation alternatives. These
repetitive loss areas were mapped to identify those nearby
properties which may have the same or similar flood
conditions as those on the FEMA Repetitive Loss List. but either did not
have insurance or did not file a claim along with those single loss "historic"
properties. Amec Foster Wheeler gathered input through neighborhood
meetings and field work to supplement existing data. Reports were
developed for each repetitive loss area that outlines which-mitigation
measures will benefit each structure in the areas. The RLAA scored 140
pOints under Activity 510.
These plans help the City of Wilson to further reduce the cost of @iHi'
flood insurance for its policy holders (residents and businesses)
through increased annual savings of $110.000. On average. each
individual policy holder will see an increase in savings from $169
to $210.
Amec Foster assited the City of Wilson in its five year CRS Cycle
Verification Visit and coordinated with the City on additional
documentation necessary to complete the visit.
. .F\D!KIplaln Mlllgatio!1 plan
CIty_alWiIs¢.!'lC ...
Amec Foster Wheeler help Wilson to develop a CRS compliant Activity 510 Floodplain
Management Plan and Repetitive Loss Area Analysis along with help on the five year Cycle
Verification Visit which resulted ina lower CRS classification 5 and a 25% reduction in flood
insurance premiums •
. Community Rating System Program Assistance
Amet Foster Wheeler I City of South Miami, Florida
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City of Wilson, NC: CRS Floodplain Management Plan & Repetitive
Project Name: Loss Area Analysis, Program for Public Information and Five Year
Verification Visit Assistance
Address: .
. .
Contact person:
Contact Phone #&-
Email: .-
.. 112 Goldsboro Street E, Wilson, NC 27893
_ Janet Holland, AICP
._ (252) 399-2215; jholland@wilsonnc.org
. N Town of Cutler Bay, FL: CRS Floodplain Management Plan, Program for
Project ame: P bl· 1ft· d F· Y V ·f· t· A . t
Address: .
Cont~ct Person:···
Contact Phone # &
Email: .
u Ie norma Ion an Ive ear en Ica Ion SSIS ance
10720 Caribbean Blvd., Suite 105, Cutler Bay, FL 33189
Sandra Aronoff, CFM
. (;305) 234-4262; saronoff@cutlerbay-fl.gov
P . N City of Charleston, SC: CRS Program Five Year Verification Visit
roJect ame: A . t SSfS ance
Address,: • -, " 2 George Street, Charleston, SC 29401
contact Peitsori: -Ir om 0' Brien, Deputy Director for Technical Services -Public Works
Email:
Gontaci.Phone# & ,.
-(843) 274-3777; Obrient@Charleston-SC.gov
Project Name: Collier County, FL Floodplain Management Plan ,
Address:· ' '.
Contc;lct Person:
Contact Ph9ne# & ,
Email:'
Project Name:
Address:'·
Contact Person:
Contact Phone # & .'
Email:
, 2800 N. Horseshoe Drive, Naples, FL 34104
Gary McAlpin, Director of Coastal Zone Management
(239) 252-5342; GaryMcAlpin@CoJlierGov.net
,Folly Beach, SC: CRS Program Assistance
21 Center Street, Folly Beach, SC
Eric Lutz, Bui/ding Official
(843) 708-982; elutz@cityoffollybeach.com
Community Rating System Program Assistance
Amec Foster Wheeler I City of South Miami, Florida
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Organization Chart
Below is the organization chart which identifies the key persons from Amec Foster Wheeler who will be
contributing to the project outlined in this RFP. No sub-consultants will be involved. '
Note: Our staffing levels over the past five years have remained constant which will allow Amec
Foster Wheeler to carty,out the obligations set forth in the RFP.
Primacy Staff
David Stroud, CFM -Associate Planner -24 years of CRS Experience (resume included)
Amy Crowley, PE -CFM -Engineer (14 ye;:lrs) and CRS Planning Specialist -4 years of CRS
Experience (resume included)
SecoodacyStaff
Garrett Shields, GISP, CFM -GIS Analyst -6 years -4 years of CRS Experience
Abigail Moore -University of North Carolina Hazards Center Graduate Planning Student -1 year of
CRS Experience
Community Rating System Program Assistance
Amec Foster Wheeler I City of South Miami, Florida
NORTH CAROLINA ASSOCIATION OF FLOODPLAIN MANAGERS
::CAFPM= ~§55~l .
CERTIFIED FLOODPLAIN MANAGER (CFM®) PROGRAM
Accredited by _he AsSOClaUOD or Stute Floodplain Mnnngcrs
IN RECOGNITION OF HAVING MCTTHl! NATIONAl CERTlF1CA "!JON REQl,JIREMENTS, THE BOARD OF
DIRECTORS OF 11IE NORlH CAROLINA ASSOCIA 110N OF FLODDPLAlN MANAGERS lIAS AWARDED !lIE
TITLE OF CERTIFIED FLOODPLAIN MANAGER TO
David A. Stroud, CFM
IN RECOGNmON THEREOF, THIS CERTIFICATE IS ISSUED THIS DAY 512212000.
W~1<.T~
Wllftam R. Tingle, CFM
NcAFPM Executive Oirmor
This CertificQte Sball Expiro.on 1/112018.
Ccrtific.alion munbcr NC-02"'{)044
cf?-4¥idi.;:f;;.
John W. Fullerton. CFM
·NCAFPM Chair
NORTH CAROLINA ASSOClA TION OF FLOODPLAIN MANAGERS
CERTIFlEDFLOO:OPLAIN MAN.i\.GER (CFM®) pROG~
A ..... dlled by lit • .us.daU •• or Stale Floodplain Manag ....
INRECOqNmON OF HAVING MET THE NATIONAL CERTIFICA'fION REQUIREMENTS, THE BOARD OF
DIRECTORS OF THE NORTH CAROLINA ASSOCIA 110N OF FLOODPLAIN MANAGERS HAS A IVARDED THE
TITLE OF CERTIFIED FLOODPLAIN MAN.i\.Gim TO
Amy M." Crowley, CFM
IN RECOONmON THEREOP, THIS CERTIFICATE IS ISSUED nns DAY '"912008.
UJ~ 1<. "'TI~
IWHam R; Tingle, CFM
NCAFPM Executive Director
This CL"I1ificSte·Slwil Expire 00 7/112018.
C.itlfiClllion oumberNC:J4-0548
Community Rating System Program Assistance
Amec Foster Wheeler I City of South Miami, Florida
c;Jft-w-id&<t>.
John W. Fullerton, CFM
NCAFPM Chair
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Fornls Il,rense Lookup I RcncWillS I Conllllumg Educollon I Enforccnh.:n( I Engmc-crs I Surveyor) I BU';lncssc:; I Conl;)c!
_LIcense Lookup
AmyM. Crowley
4412 Deasmore Place
Raloigh. NC 27612
LftellS8: 041181
Slalas: CUlUU!:NT
F.spirw. 1213112017
Disciplinary Actions
No .... fuuad
Note: Licciuecs_...bmit comctioas to this iDibmuIIioD by clidciDgthe ''RmcwaIs" IiDIt atthctop.
~ ~ theBaard oftu:e if you ~ questioDs about a 1H:aise r..ttictioa or if aaameyou ~
sean:biag for claes_ appear.
Community Rating System Program Assistance
Amec Foster Wheeler I City of South Miami, Florida
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Community Rating System Program Assistance
Amec Foster Wheeler I City of South Miami, Florida
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David Stroud, CFM
Associate Planner IProject Manager
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Mr. Stroud has over 24 years' experience a.s a floodplain/hazard mitigation planner, including both
development of hazard mitigation plans and reviewing and scoring plans for FEMA. Mr. Stroud worked
for the Insurance Services Office (ISO) on behalf of FEMA's National Flood Insurance Program's (NFIP)
Community Rating System (CRS) Program as the lead hazard mitigation planner and Flood Training
Coordinator for 18 years. He has worked directly with FEMA Headquarter staff in crafting the local
multi-hazard mitigation planning guidance 44CFR 201.6 to be consistent with the CRS 10-Step
Planning criteria including the five-year update guidance (Blue Book). Mr. Stroud has significant
experience with the minimum regulations of the NFlP, FEMA Grant programs and FEMA's Repetitive
Loss Program. He works with communities, states and FEMA Regional offices on all aspects of hazard
mitigation planning and FEMA's CRS Program. Under the CRS Program, he was responsible for
internal staff training on the CRS Program, Hazard Mitigation Planning and Repetitive Loss.
Additionally, he taught week-long classes on the CRS at FEMA's Emergency Management Institute
(EMI). He has provided numerous, planning and CRS workshops by invitation from states and FEMA
Regional Offices as well as various state floodplain associations. Prior to Mr. Stroud's work at AMEC
and ISO, he worked in county government in Indiana as both an assistant planner and director of a
county planning and building department.
Sample of Relevant Projects
CRS Program Improvement, City of Boulder, CO Update to Critical Facility Ordinance. Mr. Stroud
reviewed and made recommendations to the critical facility ordinance for the city to ensure it met all
appropriate requirements including those of the CRS Program.
CRS Program Improvement, City of Raleigh, NC Public Works
Departmerit -Stormwater Management Division. Mr. Stroud served
as Project Manager to improve the City of Raleigh's CRS Classification
from CRS Class 7 to CRS 6 through a variety of Activities including Open
Space Preservation, Ordinances, GIS. Stormwater Management. etc.-Mr.
Stroud worked with the Stormwater Management Division in a
comprehensive approach to the CRS program which provided the City of
Raleigh with sufficient credit points to improve their CRS Rating.
Education
MURP, Urban and Regi(mal
Pianning,8allState '
University,l~90
8.S., Urban and Regional
Studies, Ball State University, 1985 . . ..
A.S., Architectural Drafting,.
Vincennes University; 1983 . .
Professional certifications
Community Rating System (CRS) Plan Review, FEMA/ISO, Certified Floodplain Manager ..
Washington, DC. Current contract with FEMA's CRS Program to provide .. #US-OO-00065 .
plan review support for local mitigation plans submitted under the CRS
Program. The review process follows FEMA's Local Multi-Hazard Mitigation Planning Requirements
(44 CFR 201.6) and FEMA's 10 CRS Planning Steps and those creditable elements under each step.
The review also ensures that the plans meet the minimum requirements for addressing repetitive loss
properties. Under this contract, he also provides ongoing technical support to FEMA's CRS Program
including development of the planning criteria in the 2013 CRS Coordinator's Manual.
City of Alexandria, VA Repetitive Loss Area Analysis, Department of Transportation and
Environmental Services. Mr. Stroud served as the Senior CRS Technical Manager on development
Community Rating System Program Assistance
Amec Foster Wheeler I City of South Miami, FIQrida
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of a Repetitive Area Analysis (RLAA) for the City of Alexandria. This RLAA was developed according
to the criteria in the new 2013 CRS Coordinator's Manual. The RLLA developed for Alexandria will be
used as a national model for the CRS Program. Mr. Stroud also assisted the City of Alexandria with
CRS Program assistance and support and helped the City move from a CRS Classification 7 to a CRS
Classification 6.
Knox County Repetitive Loss Area Analysis, TN Stormwater Management Division. Mr. Stroud
served as Senior Technical Advisor and assisted in the development of a Repetitive Loss Area Analysis
(RLAA) for Knox County. TN as a requirement of the CRS Program. Mr. Stroud provided Quality
Assurance and Quality Control for the project to ensure it met the requirements of the CRS Program.
Sacramento County, CA, Department of Water Resources: Multi-Hazard Mitigation Plan update
for the City of Sacramento and Sacramento County. Mr. Stroud was involved in the update to the
Sacramento County Multi-Jurisdictional Multi-Hazard Mitigation Plan. Mr. Stroud was responsible for
public meeting facilitation. risk assessment, and CRS Planning requirements. Mr. Stroud was also
involved in supporting Sacramento County i,n an update to its Watershed master plan. This plan scored
high under the CRS Program and resulted in Sacramento County reaching a CRS Classification 3.
Southside Hampton Roads Hazard Mitigation Plan, City of Franklin All-Hazards Mitigation Plan,
Southampton All-Hazards Mitigation Plan, Hampton Roads Planning District Commission.
Chesapeake, VA. Mr. Stroud was a subcontractor to Salter's Creek Consulting for the update and
revision of 3 individual plans for the Hampton Roads Planning District Commission. He was the CRS
lead, responsible for the quality control and quality assurance of these plans, and he was also involved
in meeting facilitation.
Jones City, OK Multi-Hazard Mitigation Plan. Mr. Stroud served as Project Manager and Senior
Hazard Mitigation Planner in the development of this multi-hazard mitigation plan which covered 9
natural and 2 man-made hazards. The plan complied with FEMA's DMA planning requirements and
the CRS lO-step planning process. This was Jones City's first stand-alone hazard mitigation plan.
Waveland, MS Multi-Hazard Mitigation Plan Update, Office of the Mayor and Chief of Fire
Department. Mr. Stroud served as CRS Lead and Assistant Project Manager. This updated multi-
hazard mitigation plan was one of the first plans in the United States to be developed according to the
new 2013 CRS Planning Guidance. This planning effort also incorporated Sea Level Rise and Climate
Change which are now credited in the CRS Program. The plan has already received approval from
FEMA Region IV and the State of Mississippi with no requested changes.
Arkansas State Hazard Mitigation Plan, Department of Water Resources. Mr. Stroud served as
the NFIP Technical Advisor on the plan update and was solely responsible for the development of the
Repetitive Loss Strategy as a requirement for State Enhanced Plan status. He was also involved in the
developmentof the mitigation strategy and meeting facilitation for the planning effort.
Seminole County Floodplain Management Plan, Seminole County, FL Emergency Management.
Mr. Stroud served as Project Manager in the development of a floodplain management plan for
Seminole County, Florida to addr.ess the riverine. lake, stormwater, and coastal flooding problems that
impact property, life and infrastructure in the County. This plan scored very high under the CRS
Program. The project was finished ahead of schedule and well within budget.
Community Rating System Program Assistance
Amec Foster Wheeler I City of South Miami, Florida
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State of Georgia, Department of Community Affairs, Atlanta, GA. Mr. Stroud served as the Hazard
Mitigation Lead for a project which looked at combing comprehensive land use planning with hazard
mitigation plan. This project required a detailed review of multi-hazard mit!gation plans, local
comprehensive plans and regional comprehensive plans for 20 counti~s and 93 cities. The analyses
and results were presented in 3 statewide workshops for the GA Department of Community Affairs -
Community Planning Institutes. The project also included development of a Best Practices Guide.
FEMA's Hazard Mitigation Technical Assistance Program (HMTAP) Flo~dplain Management
Task Order # 3, FEMA, Washington, DC. Mr. Stroud served as a Senior Technical Planner in
preparation of two higher standards FEMA Compliant brochures one for A-Zone Higher Standards and'
one for V-Zone Higher Standards. These brochures will be distributed by FEMA to local elected
officials and community staff to raise the awareness of the benefits of adopting higher regulatory
standards and measures.
FEMA's Hazard Mitigation Technical Assistance Program (HMTAP) Floodplain Management
Task Higher Standard Charrette, FEMA, Washington, DC. Mr. Stroud served as a Senior Technical
Planner in development of various FEMA higher standard quick sheets that discuss the. higher
standard. benefits of implementing the standard and resources for additional assistance.
Enhanced Multi-Hazard Mitigation Plan, State of Missouri Emergency Management. Jefferson
City, MO. Mr. Stroud performed Quality Assurance and Quality Control for the 2010 updated
Enhanced Missouri State Hazar~ Mitigation Plan to ensure that each section of the plan met FEMA's
criteria for 44 CFR 201.4 and 201.5 for standard and enhanced mitigation plans. The review also
followed FEMA's enhanced state mitigation crosswalk.
Current CRS and Planning Project Work:
FEMA's NFIP/CRS Program -Contract for Mitigation Plan (CRS) Review
Cutler Bay, FL -CRS Program Improvement. CRS Activity 450 Watershed Master Plan. On Call NFIP
Assistance
City of Charleston, SC -CRS Program Improvement
Lexington County, SC -Development of CRS Activity 510 Floodplain Management Plan
Baltimore County, MD -CRS Program Improvement
City of Folly Beach, SC -CRS Program Improvement
State of North Carolina -CRS State-Wide Workshops (2016)
Community Rating System Program Assistance
Amec Foster Wheeler I City of South Miami, Florida
Amy Crowley, PE~ CFM
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Floodplain Management and CRS Planning Specialist
Ms. Crowley has fourteen years' experience in FEMA flood map
development, risk identification, vulnerability assessments, and flood
and hazard mitigation plan development. Her experience also includes
watershed master planning involving project identification and
prioritization based on regulatory requirements, client goals and public
input. She has managed medium to large scale watershed projects
involving multi-disciplinary teams. including surveyors, engineers and
GIS analysts. experienced in data gathering and data analysis. map
production, multi-frequency flood studies, and mitigation project
identification. Her most recent experience includes identification of
areas of mitigation interest associated with flooding problems and
development of flood management plans for local municipalities.
Sample of Relevant Projects
Education
B.E Civil Engineering,.
Vanderbilt University, 2001
Professional certifications
ProfessibnalEngineer TN #
109!:)29·
Professional Engineer NC # .
041181 .
Certified Floodplain Manager .
#NC-14cOQ48 .
Floodplain Mitigation Plan for the Town of Cutler Bay, Florida. The Plan identified flood hazards.
assessed flood risk and the Town's vulnerability to the identified flood hazards. and identified
mitigation actions that would protect the people and property of Cutler Bay from the effects of flood
hazards. The plan will serve as a guide for decision makers to direct hazard mitigation planning
resources and activities. This plan was also developed to ensure Cutler Bay's continued eligibility for
federal disaster assistance including the Federal Emergency Management Agency (FEMA) Hazard
Mitigation Grant Program (HMGP). Pre-Disaster Mitigation Program (PDM). Flood Mitigation
Assistance Program (FMA) and Community Rating System (CRS) Program.
Flood Mitigation Plan, Repetitive Loss Area Analysis and Natural Floodplain Functions Plan for
the City of Savannah, GA. The proposal requires delivery of a CRS and DMA qualified flood mitigation
plan which includes a repetitive loss area analysis and a natural floodplain functions plan. AMEC has
the technic~1 capability to include these 3 unique planning processes into a Single document that will
receive credits under Activity 510 and which will receive approval by FEMA Region IV. Additionally,
this "stand-alone" plan will be in corporate into Chatham County's Multi-Jurisdictional Hazard
Mitigation Plan. An overriding prinCipal through the development of this project is to prioritize a list of
floodplain management activities to improve Savannah's CRS Rating.
Floodplain Mitigation Plan for Collier County, Florida. The Plan identified flood hazards. assessed
flood risk and the County's vulnerability to the identified flood hazards, and identified mitigation
actions that would protect the people and property of Collier County from the effects of flood
hazards. The plan will serve as a guide for decision makers to direct hazard mitigation planning
resources and activities. This plan was also developed to ensure Collier County's continued eligibility
for federal disaster assistance including the Federal Emergency Management Agency (FEMA) Hazard
Mitigation Grant Program (HMGP), Pre-Disaster Mitigation Program (PDM). Flood Mitigation
Assistance Program (FMA) and Community Rating System (CRS) Program.
Community Rating System Program Assistance
Amec Foster Wheeler I City of South Miami, Florida
~l~
amec L:'\
fostt!r
wheeler
Flood Mitigation Plan, Repetitive Loss Area Analysis and Natural Floodplain Funct.ions Plan for
the City of Wilson, NC. The project involves delivery of a CRS and DMA qualified flood mitigation plan
which includes a repetitive loss area analysis and a natural floodplain functions plan. AMEC has the
technical capability to include these 3 unique planning processes into a single document that will
receive credits under Activity 510 and which will receive approval by FEMA Region IV. One of the City's
main goals is to identify and prioritize a list of floodplain managen'lent activities to improve their CRS
Rating.
Upper Alabama Watershed Flood Risk Assessment, Alabama Department of Economic and
Community Affairs, Office of Water Resources, Montgomery, AL. Managed the first watershed
level flood risk assessment (Level II Hazus Analysis) for the State of Alabama. Oversaw the collection
of local building data and the developmentof depth grids for the entire watershed. Collaborated with
numerous local communities and local emergency management agencies to develop areas of flood
hazard mitigation interest and to identify specific areas for mitigation projects based on updated flood
studies and flood risk assessments.
\
Upper Alabama Watershed Risk MAP Flood Study, Alabama Department of Economic and
Community Affairs, Office of Water Resources, Montgomery, AL. Managed a HUC-8 level
watershed study that included topographic data development. field survey. hydrologic and hydraulic
analyses, floodplain mapping. local data mining and DFIRM database development, and flood map
panel production for five counties. Developed the first watershed level Flood Risk Map. Flood Risk
Report and Flood Risk Database for the State of Alabama. Set precedent an.d Risk MAP project
standards as the first project of this type. scope and magnitude within Alabama.
Montgomery County, AL Countywide Flood Study, Alabama Department of Economic and
Community Affairs, Office of Water Resources, Montgomery, AL. Produced updated countywide
flood maps for Montgomery County. AL. Worked closely with local communities to develop the project
scope for hydrologic and hydraulic analyses and floodplain mapping. Led a multi-disciplinary team
including surveyors, engineers and GIS specialists. Oversaw all schedule and budget aspects of the
project including field survey, engineering. GIS database development and flood map panel
production. Led a public meeting for the City of Montgomery to provide citizens with the opportunity
to review and comment on the new flood maps.
Elmore County, AL Countywide Flood Study, Alabama Department of Economic and Community
Affairs, Office of Water Resources, Montgomery, AL. Managed schedules and budgets for new
hydrologic and hydraulic analyses including the resulting delineation of the I-percent-annual-chance
floodplain boundaries in accordance with FEMA's Guidelines and Specifications for Flood Hazard
Mapping Partners; managed the collection of base map information from local communities and the
development of associated geodatabasefor flood map production; managed project outreach
activities and led project outreach meetings with local communities.
Program Management Support, Alabama Department of Economic and Community Affairs,
Office of Water Resources, Montgomery, Al. Provided program management services to support
the Alabama Office of Water Resources' floodplain management program and their Cooperating
Technical Partner (CTP) agreement with FEMA. Prioritized 53 HUC-8 watersheds for flood studies
within the State of Alabama based on flooding risk. land-use changes, data availability and local
community input. Developed multi-year Business Plans that consisted of specific goals for program
growth and development and specific project funding needs to accomplish FEMA metrics. Developed
program Outreach Plans and conducted program outreach activities including coordination meetings
with Alabama Emergency Management Agency.
Community Rating System Program Assi$tance
Amec Foster Wheeler I City of South Miami, Florida
PROPOSAL SUBMITTAL CHECKLIST FORM
~/Community Rating System Program Services RFQ"
RFQ #PL2016~23
This checklist 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 RFQ. The response shall include the following Items:
Attachments and Othel' Documents described below CI I
to be Completed lec (
IF t.iJARKED WITH AN "X": Completed.
One (I) original unbound proposal, five (5) additional copies, 3~rlng / X binders are not pennltted, and one (I) digital (or comparable
medium including Flash Drive, DVD or CD) copy
Supplemental Instructions and Submittal Format for Respondents, V X EXHISIT2
X Indemnification and Insurance Documents EXH/SIT 4 V
X Signed Contract Documents, Professional Services Agreement, ~ EXHISIT 6 ,,,' C(..JIOtiO ft...l>Is.UJi:J,) l..\~~ J
X f'L {J, L' t'Q:VL o-W V Respondents Qualification Statement
X List of Proposed Sub Consultant5/Subcontractors and Principal V--Suppliers
X Non-Collusion Affidavit ~
X Public Entity Crimes and Conflicts of Interest v'
X Drug Free Workplace ~
X . Acknowledgement of Conformance with OSHA Standards :~
X Affidavit Concerning Federal & State Vendor Listings ~
X Related Party Transaction Verification Form /
X Presentation Team Declaration/Affidavit of Representation IV
Submit this checklist along with your proposal indicating the completion and submission of each
required forms and/or documents.
Thomas F. Pepe
10113/2016
END OF SECTION
14
EXHIBIT #2
SUPPLEMENTAL INSTRUCTIONS AND SUBMITTAL FORMAT FOR
RESPONDENTS
Community Rating System Program Services RFQ
RFQ #PL20 16~23
SUBMITTAL FORMAT
Firms shall prepare their submittals using the following format and should indude, but not be
limited,to the following: .
I. Letter of Transmittal
a.) This letter will summarize in a brief and concise manner, the respondent's
understanding of the scope of work and make a positive commitment to timely
perform the work.
b.) The letter must name all of the persons authorized to make representations for
the respondent 'Including the titles. addresses, and telephone numbers of such
persons. An authorized agent of the respondent must sign the Letter of
Transmittal indicating the agent's. title or authority. The letters should not
. exceed two pages in length.
2. Statement acknowledging receipt of each addendum issued by the City.
3. Qualifications and experience of the firm(s)iindividual(s) who will provide
the services.
4. The submission should include:
Thomas F. Pepe
10113/2016
A. Proposal Package and Labeling/Marking Requirements:
All submissions shall consist of one (t} unbound orIginal and five (5) copies,
3-rlng bjnders are not permitted. ·One (I) digital or 'comparable medium
including Flash Drive, DVD or CD copy ;s ALSO required. Submission,
packages shall be tabbed according to a Table of Contents. The original
and all copies shall be clearly marked accordingly as "original" or "copy." The
digital copy and the five (5) copies must be exact duplicates of the original
submission.
FAILURE TO PROVIDE EXACT COPIES SHALL RESULT IN SUBMITTAL
BEING DESIGNATED NON.RESPONSIVE.
40
Thomas F. Pepe
10/1312016
B. Title Page
Show the name of Respondent's agency/firm, address, telephone number, and
name of contact person, email address, date, and the subject: ··Communlty
Rating System Program Services RFQ/~ RFQ #PL20·'6-23.
C. Table of Contents
Include a clear identification of the material by section and/or by page number.
D. Qualification Statement
The Qualification Statement shall be written in sufficient detail to permit the City
to conduct a meaningful evaluation of the proposed services. The Qualification
Statement should be delivered in two parts. The first part Is the technical
submittal that shall consist of subsections (I) through (5) where subsections (I)
through (3} shall be no more than 1·0 pages single-sided. Where (I) through (3)
contain more than the 10 page limit, the evaluation committee shall be instructed
to disregard all pages in excess of the limitation. The second part is all standard
forms fully executed by an authorized officer of the Respondent. The technical
submittal should be divided into subsections as described below.
I. Executive Summary:
a. Provide a brief summary describing the Respondent's approach to the
work called for by the RFQ and ability to perform the work
requested; the Respondent's background and experience in providing
similar services. This summary should be brief and concise to advise
the reader of the basic services offered, experience and Proposal of
the Respondent, staff and any other relevant Information. A
Profect/Client Manager should be provided and assigned to manage all
aspects of this work.
2. Respondent's Experience:
a. Describe the Respondent's organization; history and background;
principals, officers, owners, board of dlrectorsand/or trustees; the
primary markets served; the total current number of employees; the
current number of professionai employees by classification~ and state
the number of years. that the Respondent has been in business.
3. Respondent's Past P.enormance:
a. Provide a detailed description of comparable contracts (similar in
scope of services to those requested herein) which the Respondent
has either ongoing or completed within the past five (5) years. The
description should identify for each project (I) the client, (2)
description of work, (3) total dollar value of the contract, (4) contract
duration, (5) customer contact person and phone number of
reference, (6) statement or notation of whether Respondent is/was
41
the prime Consultant or subcontractor or sub-consultant, and (7) the
results of the project;
4. Organization Chart:
a. Provide an organization 'Chart showing all key Individuals (including the
Project/Client Manager) assigned to their area of responSibility,
inclu.ding their company, title, years of experience and years
employed In current title at present or former firms. This chart must
clearly identify the Respondent's employees and those of the sub-
consultants. Provide professional licenses on pertinent key personnel
(including sub--consultants) to be assigned for the services of this
RFQ.
S. Fulfillment of All Solicitation Documents:
a. Respondents shall submit all forms and documents listed in the
"Proposal Checklist. Submittal Form." This checklist 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.
Note: Confidential and Proprietary Information. Trade secrets or proprietary
information submitted by Respondents in connection with this pre-qualification process
may be subject to the disclosure under Chapter 119, F.S., unless such Information Is
specifically exempted or categorized as confidential in that Chapter or another section
of the Florida Statutes. However, respondents must invoke the protections of any such
section(s) within 24 hours of notice that a public records request for such information
has been made and if Respondent invokes an alleged right to an exe~ption or declares
the information to be confidential, Respondent shall provide written justificatlon
including a citation to the specific statutory authority relied upon and the reasons why It
applies to the records being requested. Failure to abide by this procedure may result in
dl~closure of the R,espondent's information and Respondent agrees that the City shall
not be liable to Respondent for disclosure under such circumstances. Furthermore, if a
Respondent obje-cts to production of the documents, Respondent agrees to indemnify
and hold the City harmless from any and ail costs and expense incurred by the City,
including City's attorney fees, in defending an action filed to obtain said records,as well
as any damage award against the City, Including the attorney fees of any of the parties In
such suit and appeal.
Thomas F. Pepe
10/13/2016
END OF SECTION
42
EXHIBIT #4
INSURANCE & INDEMNIFICATION REQUIREMENTS
Community Rating System Program Services
RFQ #PL20 16-23
INSURANCE & INDEMNIFICATION REQUIREMENTS
1.0 I Insurance
A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter
referred to as "FIRM" with regard to Insurance and Indemnification requirements) shall
be required to procure and maintain at its own expense during the life of the Contract,
insurance of the types and in the minimum amounts stated below as will protect the
FIRM, from claims which may arise out of or result from the contract or the
performance of the contract with the City of South Miami, whether such claim is against
the FIRM or any sub-contractor, or by anyone directly or indirectly employed by ·any of
them or by anyone for whose acts any of them may be liable.
B. No insurance required by the CITY shall be issued or written by a .surplus lines carrier
unless authorized in writing by the CITY and such authorization shall be at the CITY's
sole and absolute discretion. The FIRM shall purchase insurance from and shall maintain
the insurance with a company or companies lawfully authorized to sell insurance in the
State of Florida. on forms approved by the State of Florida, as will protect the FIRM, at a
minimum, from all claims as set forth below which may arise out of or result from the
FIRM's .operations under the Contract and for which the FIRM may be legally liable,
whether such operations be by the FIRM or by a Subcontractor or by anyone directly or
indirectly employed by any of them, or by anyone for whose acts any of them may be
liable: (a) claims under workers' compensation, disability benefit and other similar
employee benefit acts which are applicable to the Work to be performed; (b) claims for
damages because of bodily injury, occupational sickness or disease, or death of the
FIRM's empJoyees; (c) claims· for damages because of bodily injury, sickness or disease,
or death of any person other than the FIRM's employees; (d) claims for damages
insured by usual personal injury liability coverage; (e) claims for damages, other than to
the Work Itself, because of injury to or destruction of tangible property, including loss
of use resulting there from; (1) claims for damages because of bodily injury, death of a
person ·or property damage arising -out of ownership, maintenance or use of a motor
vehicle; .(g) claims for bodily injury or property damage arising out of completed
operations; and (h) claims invo~ving cQntractualliability insurance applicable t-o 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
Thomas F. I>epe
10/13/2016
440, Florida Statutes, as presently written or hereafter amended. and all applicable federal laws.
In addition, the policies must Include: Employers' liability at the statutory 'Coverage
amount. The fJRM 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 lIabillty, completed .operations and products liability, contractual liability,
severability of interest with cross liability provision, and personal Injury and property damage
liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000
aggregate, including:
• Personal Injury: $1,000,000;
• Medical Insurance: $5,000 per person;
• Property. Damage: $500,000 each occurrence;
1.05 Umbrella Commercial Comprehensive General liability insurance shall be written on a
Florida approved form with the same coverage as the primary insurance policy but In the
amount of $1 ,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded
on a form no more restrictive than the latest edition of the Comprehensive General liability
policy. without restrictive endorsements, as filed by the Insurance 'Services Office, and must
include: '
(a) Premises and Operation
(b) Independent Contractors
(c) Products and/or Completed Operations Hazard
(d) EXplosion, Collapse and Underground Hazard Coverage
(e) Broad Form Property Damage
(1) Broad Form Contractual Coverage applicable to this specific Contract, Including any
hold harmless and/or indemnification agreement.
(g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with
minimum Iimlts of coverage equal to those required for Bodily Injury liability and
Property Damage liability.
1.06 Business Automobile Liability with minimum limits of One MUlton Dollars
($ I ,OOO,OOO.OO} plus an additional One Million Dollar ($1,,000,000.00) umbrella per occurrence
combined slngl.e linllt 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 required by of the Firm,
other than the Fire a~d EXtended Coverage Insurance 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'. IE APPLICABLE:
A. In the event that this contract involves the construction of a structure, the FIRM shall
maintain, with an Insurance Company or ,Insurance Companies acceptable to the CllY,
"Broad" form/All Risk Insurance on buildings and structures, Including Vandalism &
Malicious Mischief coverage, while In the course of construction, including foundations,
Thomas F. Pepe
10/la/1016
4S
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 Firm, as their interest
may appear, and shall also cover the interests of all Subcontractors performing Work.
B.· All of the provisions set forth in Miscellaneous section herein below shall apply to this
coverage unless it would be clearly not applicable.
1.09 Miscellaneous:
A. If any notice of cancellation of insurance or change in coverage is issued by the
insurance company or should any insurance have an expiration date that will occur
during the period of this contract, the FIRM shall be responsible for securing other
acceptable insurance prior to such cancellation, change,-or expiration so as to provide
continu:ous coverage as specified in this section and so as to maintain coverage during
the life of this Contract.
B. All cieduct/bles 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, ina 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 contarn a "severability of
interest" or "cr-oss liability" clause without obligation for premium payment of the CITY
as well as contractual liability provision covering the FIRM'S duty to indemnify the City
as provided in this Agreement
D. Before starting the Work. the FIRM shall deliver to the CITY 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 soie discretion, to provide a "certified copy" of the Policy (as defined in Article I
of this document) which shall include the declaration page and all required
endorsements. In addition, the FIRM shall deliver, at the time of delivery of the
insurance certificate, the follOWing endorsements:
(I) a policy prOVision -or an endorsementwith substantially similar provisions as
follows:
Thomas F. Pepa
10/13/2016
"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 ilijury", '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";
46
(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
addltion 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 Irability 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 Agreem.ent. However, the
FIRM may purchase Specific Project Professional liability Insurance, in the amount and
under the terms specified above, which is also acceptable. No insurance shall be issued
by a surplus lines carrier unless authorized in writing by the city at the city's sole,
absolute and unfettered discretion.
Indemnification Requirement
A. The Firm 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 Firm or anyone acting through or on behalf of the
Firm.
B. The Firm shan 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 actiorls 'or 'claim of any kind or natur.e, 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 gro.ss negligence,
intentional act or harmful conduct of the Firm, itscontractorlsubcontractor 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 Firm's obligations under this
AGREEMENT.'
C. The Firm 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
Thomas F. Pepe
1011 3(2016
47
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 Firm, 'its Sub-Contractor or any of their agents,
representatives, employees, or assigns, and/or arising out of, or Incident to, this
Agreement, or incident to or resulting from the performance or non-performance of
. the Firm's obligations under this AGREEMENT.
D. The Firm agrees and recognizes that neither the CITY nor its officers, affiliates,
employees, successors and assigns shaU 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 Firm, its contractor/subcontractor or any of
their agents, representatives, employees, or assigns, or anyone acting through oron
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 Firm, CITY in no way assumes or shares responsibility or liabil.ity for the acts or
omissions of the .
Firm, its contractor/subcontractor or any of their agents, representatives, employees,
or assigns, or anyone acting through or on behalf of them.
E. The Firm 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 desl.gn 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
pe.rformanc~ of the -contract.
Thomas F. Pepe
10113/2016
THIS IS INCLUDED-IN THE GENERAL CONDITIONS
END OF SECTION
48
EXHIBIT #6
PROFESSIONAL SERVICE AGREEMENT
Community Rating System Program Services
RFQ #PLlO 16·23
THIS AGREEMENT made and entered into this __ day of , 20_ by and
between the City of South Miami, a municipal corporation (hereinafter referred to as
Owner or CITY) by and through its City Manager (hereinafter referred to as CITY or
City Manager) and AME C fis.1tXl.. \rJ\o\€:El.QL who is authorized to
do business in the State of Florida, (hereinafter referred to as the "CONSUL TANr').
In consideration of the premises and the mutual covenants contained In this
AGREEMENT. the parties agree to the following terms and conditions:
1.0 General Provisions
1.1 A Notice to Proceed will be issued by the City Manager, or his designee, following
the signing of this AGREEMENT. This AGREEMENT does not confer on the
CONSULTANT any exclusive rights to perform work on behalf of the Owner
other than the work described in one or more Notice to Proceed (herehiafter
referred to as the ·WORK"). nor does it obligate the Owner In any manner to
guarantee work for the ·CONSUl TANT.
1.2 The CITY agrees that it will furnish to the CONSULTANT available data and
documents In the CITY possession pertaining to the WORK to be perfonned
under this AGREEMENT promptly after the issuance of the Notice to Proceed
and upon written req!Jest of the CONSULTANT.
2.0 Scope of Services. The CONSULTANT snail perform the work as set forth in the
Scope.ofServ/ces as described /n the Notice to Proceed.
3.0 Time for Completion
3.1 The services to be rendered by the CONSULTANT for any WORK shall be
commenced upon receipt of a written Notice to Proceed from the CITY
subsequent to the execution of this AGREEMENT and shall be completed within
the time set forth in the Notice to Proceed or other document signed by the
City Manager, or designee.
3.lA reasonable extension of time will be granted in the event there is a delay on
the part of the CITY in fulfilling Its part of the AGREEMENT, change of scope of
work or should any other events beyond the control of the CONSULTANT
render performance of his duties impossible.
4.0 "Basis of Compensation: The fees for services of the CONSULTANT shall be
determined by one of the following methods or a combination thereof, as mutually
agreed upon by the CITY and the CONSULTANT.
4.1 A fixed sum: The fee for a task or a scope of work may be a fixed sum as
mutually agreed upon by the CITY and the CONSULTANT and If such an
agreement is reached, it shall be in writing, signed by the CONSULTANT and
the City Manager and attached hereto as ATTACHMENT A:
4.2 Hourly rate fee: If there is no fixed sum or if additional work Is requested
without an agreement as to a fixed sum, the CITY agrees to pay, and the
CONSULTANT agrees to accept, for the services rendered pursuant to this
Thomas F. Pepa
101l31l016
50
AGREEMENr, fees In accordance with the hourly rates that shall Include all
wages, benefits, overhead and profit and that shall be In writing, signed by the
CONSULTANT and the City Manager and attached hereto as ATTACHMENT
A.
5.0 Payment and Partlal Payments. The CITY will make monthly payments or partial
payments to the CONSULTANT for all authorized WORK performed during the
previous calendar month as set forth I'n the .schedule of payment as set forth In
A TTACHMENT A or, If no schedule of payment exhibit Is attached to this
AGREEMENT then payment wlll be made 30 days following. the receipt of
CONSULTANT's Invoice as the work progresses but only for the work actually
performed and approved In writing by the City Manager.
6.0 Right of Decisions. All services shall be performed by the CONSULTANT to the
. satiSfaction of the CITY's representative, who shall decide all questions, difficulties and
disputes of whatever nature which may arise under or by reason of this AGREEMENT,
the. prosecution and fulfillment of the services, and the character, quality. amount and
value. The representative's' decisions upon aU claims. questions. and disputes shall be
final, conclusive and binding upon the parties unless such determination Is clearly
arbitrary or unreasonable. In the event that the CONSULTANT does not concur in
the judgment of the representative as to any decisions made by him, CONSULTANT
shall present his written objections to the City Manager and shall abide by the decision
of the City Manager. .
7.0 Ownership of Documents. All reports and reproducible plans, and other data.
developed by the CONSULTANT for the purpose of this AGREEMENT shall become
the property of the CITY without restriction or Ifmitation.
8.0 Audit Rights. The CITY reserves the right to audit the records of the CONSULTANT
related to this AGREEMENT at any time during the execution of the WORK and for a
period of one year after final payment Is made. This provision Is applicable only to
projects that are on a time and cost basis;
9.0 Truth-in NegotIations: If the contract amount exceeds the threshold amount
provided in s. 287.017 for category four, the CONSULTANT shall execute a truth-In-
negotiation certificate stating that wage rates and other factual unit costs supporting
the compensation are accurate, complete, and current at the time of contracting. In
such event, the original cOntract price and any additions thereto shall be adjusted to
exclude any significant sums by which the City determines the contract price was
increased due to inaccurate, incomplete, or noncurrent wage rates and other factual
unit costs. All such contract adjustments must be made within one 'Year following the·
end of the contract.
10.OSublettlng, The· CONSULTANT shall not assign· or transfer its rights under this
AGREEMENT without the express written consent of the CITY. The CITY will .not
unreasonably withhold and/or delay Its consent to the assignment of the
CONSULTANT's rights. The CITY may, II'! Its sole discretion, allow the
CONSULTANT to assign its dUties, obligations and responsibilities provided the
assignee meets all of the CITY's requirements to the CITY's sole satisfaction. The
CONSULTANT shall not subcontract this AGREEMENT or any of the services to be
provided by it without prior written consent of the CITY. Any assignment or
subcontracting in violation hereof shall be void and unenforceable
Thomas F. Pepe
10/13/1016
SI
11.0 Unauthorized Aliens: The employment of unauthorized aliens by the CONSULTANT
is considered a violation of Federal Law. If the CONSULTANT knowingly employs
unauthorized alrens, such vIolation shall be cause for unilateral cancellation of this
AGREEMENT. This applies to any sub-CONSULTANTs used by the CONSULTANT
as well. The CITY reserves the -right at its discretton, but does not· assume the-
obligation, to require proof of valid citizenship or, in the alternative, proof of a valid
green card for each person employed in the performance of work or providing the
goods and/or services for or on behalf of the CITY including persons ·employed by any
Independent contractor. By reserving this right, the ClTY does not assume any
obligation or responsibility to enforce or ensure compliance with the applicable laws
and/or regulations.
12.0 Warranty,The CONSULTANT warrants that it has-not employed or retained any
company or person. other than a bona fide employee working solely for the
CONSULTANT, to solicit or secure this contract and that he has not paid or-agreed
to pay any company or person other than a bona fide employee working solely for the
CONSULTANT any fee. commission, percentage fee, gifts or any other eonsideratlons
contingent upon or resulting from the award or making of this contract. For breach or
violation of this warranty, the CITY shall have the right to annul this contract wrthout
liability.
13.0 Termination. It is expressly understood and agreed that the CITY may terminate this
AGREEEMENT for any reason or no reason and without penalty by either declining to
issue Notice to Proceed authorizing WORK. or. if a Notice to Proceed is issued,
CITY may terminate this AGREEMENT by written notice to CONSULTANT. and in
either event the CITY's sole obligation to the CONSULTANT shall be payment for
the work previously authorized and performed In accordance with the provisions of
this AGREEMENT. Payment shall be determined on the basis of the work performed
by the CONSULTANT up to the time of termination. Upon termination. the CITY
shall be i!ntltled to a refund of ar)Y monies paid for any period of time for which no
work was performed. .
14.0 Term. This AGREEMENT shall remain In force until the end of the term, which
includes all authorized renewals, or unless otherwise terminated by the CITY. The
term of this agreement is three (3) years from the issuance of the Notice to Proc~d
and one two-year option-to renew. The option to renew Is at the discretion of the
City Manager. The CITY may terminate the contract without cause following 30 <lays
advanced notice to the CONSULTANT. However, In no event shall the term exceed
five (5) years following the issuance of the Notice to Proceed.
15.0 pefault. In the event either party falls to comply with the provisions of this
. AGREEMENT, the aggrieved party may declare the other party in default and notify
the defaulting party in writing. If CITY is in default, the CONSULTANT will only be
compensated for any completed professional servlc~s and CONSULTANT shall not
be entitled to any consequential or delay damages. In the event that partial payment .
has been made for such professional services not completed, the CONSULTANT
shall return such sums to the CITY within ten (10) days after notice that said sums
are due. In the. event of any litigation between the parties arising out of or relating
in any way to this AGREEMENT or a breach thereof, each party shall bear its own
costs and legal fees. .
16.0 Insurance and Indemniflcation. The CONSU L T ANT agrees to comply with CITY's
Thomas F. Pepe
10/1312016
52
Il'Isurance and Indemnification requirements that are set forth In ATTACHMENT 8 to
this AGREEMENT. .
17.0 Agreement Not Exclusive. Nothlng In this AGREEMENT shall prevent the CITY from
employing other CONSULTANTS to perform the same or similar services.
18.0 Codes. Ordinances and Laws. The CONSULTANT agrees to abide and be gaver-ned.
by all duly promulgated and published municipal, county, state and federal codes,
ordinances, rules, regulations and laws which have a direct bearing on the WORK
involved on this project. The CONSULTANT is required to complete and sign all
affidavits, Indudlng Public Entity Crimes Affidavit form (attached) pursuant to FS
287.133(3) (a), as required by the CITY's solicitation, if any, applicable to this
AGREEMENT. .
19.0 Taxes. CONSULTANT shall be responsible for payment of all federal, state, and/or
local taxes related to the Work. inclusive of sales tax if applicable.
20.0 Prug Free Wor!q>lace.CONSULTANT shall comply with CITY's Drug Free
Workplace policy which Is made a: part of this AGREEMENT by reference.
21.0 Independent Contractor. CONSULTANT Is an Independent entity under this
AGREEMENT and nothing contained herein shall be construed to create a
partnership. joint venture, or agency relationship between the parties.
22.0 Duties and Responsibilities. CONSULTANT agrees to provide Its services during the
term of this AGREEMENT In accordance with all applicable laws, rules, regulations.
and health and safety standards of the federa~ state, and CITY, which may be
applicable to the service being provrded. .
23.0 Licenses and Certifications. CONSULTANT shall secure 'a11 necessary busJness and
professional licenses at Its sole expense prior to executing the AGREEMENT .
. 24.0 Entire Agreement. Modification. and Binding Effect: This AGREEMENT constitutes the
entire agreement of the parties, Incorporates all the understandfngs of the parties and
supersedes any prior agreements, understandings, representation or negotiation,
written or oral. This AGREEMENT may not be modified or .amended except in .
writing, signed by both parties. hereto. This AGREEMENT shall be. binding upon and
Inure to the benefit of the City of South Miami and CONSULTANT and to their
respective heirs, successors·and assigns. No modification or amendment of any terms
or provisions of this AGREEMENT shall be valid or binding unless It complies with this
paragraph. This AGREEMENT, in general, and this paragraph, in particular, shall not
be modified or amended by.acts or omissions of the parties. If this AGREEMENT was
approved by written resolution of the City Commission. or If such approval is
required by ordinance or the City Charter, no-amendment to this AGREEMENT shall
be'vaild unless approved by written resolution of the City Commission.
25.0 jury Trial. CITY and CONSULTANT knOWingly, irrevocably voluntarily and
intentionally waive any right either· may have toa trial by jury in State or Federal
Court pr.oceedlngs in respect to any action, proceeding. lawsuit or counterclaim
arising out of this AGREEMENT or the performance of the Work thereunder.
26.0 Validlt;y of Executed Copies.. This AGREEMENT may be executed In several
counterparts, each of which shall be construed as an original.
27.0 Rules of InterRretatlon: Throughout this AGREEMENT the pronouns that are used
may be substituted for male. female or neuter, whenever applfcable and the singular
words substituted for plural and plural words substituted for singular wherever
applicable.
Thomas-F. Pepe
10113/2016
53
28.0 Severability.. If any term or provision of this AGREEMENT or the applfcatlon thereof
to any person <lr circumstance shall, to any extent, be invalid or unenforceable, the
remainder of this AGREEMENT, or the application of such term or provision to
persons ·or circumstances other than those to which ft Is held Invalid or
-,,--ur.lenfol=ceable,.sl:!all . .f1ot-be..-affected-.. ther-eby and .. each-.and--e¥&r-)L.other--term-an.cI.
provision of this AGREEMENT shall be valid and enforceable to the fullest extent
. permitted by law.
29.0 Cumulative Remedies: The duties and obligations Imposed by the contract
documents, If any, and the rights and remedies available hereunder, and, In particular
but without limitation, the warranties, guarantees and obligations Imposed upon
CONSU,LTANT by the Contract Documents, if any, and this AGREEMENT and the
rights and remedles available to the CITY hereunder, shall be In addition to, and shall
not be construed in any way as a limitation of, any rights and remedies available at law
or In equity, by spec/al guarantee or by other provIsIons of the Contract Documents,
if any, or this AGREEMENT. In order to entitle any party to exercise any remedy
reserved to It In this AGREEMENT, or existing in law or In equity. It shall not be
necessary to give notice, other than such notice as maybe herein expressly required.
No remedy conferred upon or reserved to any party hereto, or existing at law or in
equity, shall be exclusive of any other available remedy or remedies, but each and
every such remedy shall be cumulative and shall be In addition to every other remedy
given under this AGREEMENT or hereafter existing at law or in equity. No delay or
omission to exercise any right or power accruing upon any default shall impair any
such right or power or shall be construed to be a waiver thereof, but. any such right
and power may be exercised from time to time as often as may be deemed expedient.
30.0 Non-Waiver. CITY and CONSULTANT agree that no failure to exercise and no
delay In exercising any right, power or privilege under this AGREEMENT on the part
of either paH;y shall operate as a waiver of any right, power. or privilege under this
AGREEMENT. No waiver of this AGREEMENT, in whole or part, Including the
provisions of this paragraph, may be Imphed by any act or omission and will only be
valid and enforceable if in writing and duly executed by each of the parties to this
AGREEMENT. Any waiver of any term, condition or provision of this AGREEMENT
will not constitute a waiver of any other term, condition or provision hereof, n'or will
a waiver of any breach of any term, condition or provision constitute a waiver of any
subsequent or succeeding breach. The failure to enforce this AGREEMENT as to any
particular breach or default shall not act as a waiver of any subsequent .breach or
default.
31.0 No Discrimination and Equal Employment: No action shall be taken by the
CONSULTANT. nor will it permit any acts or omissions which result in discrimination
against any person, including employee or applicant for empJoyment on the basis of
race, creed, color. ethnlclty, national origin, religion, age, sex. familial status, marital
status, ethnicity, sexual orientation or physlcal'or mental disability as proscribed by
law and that it will take affirmative action to ensure that such discrimination does not
take place. The CONSULTANT shall comply with the Americans with Disabilities Ac;t
and It will take affirmatlve action to ensure that such discrimination does not take
place. The City of South Miami's hiring practices strive to comply with all applicable
federal regLdations regarding employment eligfbllityand employment practices in
general. Th.us, all Individuals and entities seeking to do work for the CITY are
Thomas F. Pepe
10113/1016
54
expected to comply with all applicable laws, governmental requirements and
r.egulations, including the regulations of the United States Department of Justice
pertaining to employment ellgiblIlty and employment practices. By signing this
AGREEMENT, the CONSULTANT hereby certifies under penalty of perjury, to the
-GITY,tMt· CONSULTANT-·is-in GQmpliance-with-a~l-applicable-r-egulatiQRs-and-laws". -"
governing employment prac:tices.
32.0 Governing Laws. This AGREEMENT and the performance of services hereunder will
be governed by the laws of the State of Florida, with exclusive venue for the
resolution -of any dispute being a court of competent Jurisdiction In Miami-Dade
County, Florida.
33.0 Effectiye Date. This AGREEMENT shall not become effective and binding until it has
been executed by both parties hereto, and approved by the City Commission If such
approval is required by City'S Charter, and the. effective date shall be the date of its
execution by the last. party so executing It or If City CommiSSion approval Is
required by the City's Charter. then the date of approval by City Commission,
whichever is later.
14.0 Third Part;y BenefIciary. It Is specifically understood and agreed that no other
person or entity shall be a third-party beneficiary hereunder, and that none of
provisions of this AGREEMENT shall be for the benefLt of or be enforceable. by
anyone other than the parties hereto, and that only the parties hereto shall have
any rights hereunder.
35.0 Further Assurances. The parties hereto agree to execute-any and all other and
further documents as might be reasonably necessary in order to ratify, confirm, and
effectuate the jntent and purposes of this AGREEMENT.
36.0 Time of Essence. Time Is oftha essence of this AGREEMENT.
37.0 Interpretation. This AGREEMENT shall not be construed more strongly against either
party hereto, regardless of who was more responsible for its preparation.
38.0 Force Majeure. Neither party hereto shall be in default of its failure to perform Its
obligations under this AGREEMENT If caused by acts of God, civil commotion, strikes,
labor disputes, or governmental demands or requirements that could not be
reasonably anticipated and the effects ·avoided or mitigated. Each party .shall notify the
other of any such occurrence.
39.0 Sybcontractlng; If allowed by this AGREEMENT, the CONSULTANT shall be as fully
responsible to the CITY for the acts and omissions of Its
subcontractorslsubconsultants as it Is for the acts and omissions of people directly
employed by It. All subcontractors/subc()nsultants and the1r agreements, If allowed by
this AGR.EEMENT, must be approved by the CITY. The CONSULTANT shall require
each subcontractor, who. is approved by the CITY, to agree in the subcontract to
observe and be bound by all obligations and conditions of this AGREEMENT to which
CONSULTANT is bound ..
40.0 Public Records: CONSULTANT 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 CONSULTANT, under such conditions, shall Incorporate
this paragraph in all of its subcontracts for this ProJect. Under such condition,
CONSULTANT and its subcontractors are specifically required to: (a) Keep and
maintain public records required by the publtc agency to perform the service; (b)
Upon request from the public agency's custodian of public records, provide the public
Thomas F. Pepe
10113/2.016
55
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 conflde.ntlai and exempt from public records disclosure requirements are
not disclosed ·~cept as.authGrlz.ed--by ·.law·far-the -dur-ati'm-of the-contr.aGt term and
folloWing completion of the contract if the contractor does not transfer the records
to the public agency; and (d) Upon completion of the cOl'ltract, transfer. at no cost. to
the public agency all public records in possession of the contractor or keep and
maintain public records required by the public agency to perform the service. If the
contractor transfers all public records to the public agency upon completion of the
contract, the contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
contractor keeps and maintains public records upon completion of the contract, the
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 c-ompatlble
with the Information technology systems of the public agency. .
IF THE 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@southmlamlft.gov; 6130 Sunset Drivet
South Miamit FL 33-143.
4 J.O Notices. Whenever notice shall be required or permitted herein, It shall be
delivered by hand delivery, e-mail (or similar electronic transmission). facsimile
transmission or certified mail, with return receipt requested and shall be deemed
delivered on the -date shown on the e-mail or delivery confirmation for any
facsimile transmission or, If by· certified mail. the date on the return receipt or
the date $hown as the date same was refused or unclaimed. If hand deUvered to
the CITY. a cQPY must be stamped with the offI:clal City receipt stamp shOWing
the date of deliver; otherwise the document shall not be considered to have been
dell~ered. Notices shall be delivered to· the following Individuals or entities at the
addresses (including e-mail) or facsimile transmission numbers set forth below:
ToelTV:
With -copies to:
Thomas F. Pepe
10/1311016
City Manager.
6130 Sunset Dr.
South Miami, FL 33143
Tel: (305) 668-2510
Fax: (305) 663-6345
E-mail: salexander@southmlamlfl.gov
City Attorney
613'0 Sunset Dr.
South Miami. FL 33143
Tel: (305) 667-2564
Fax: (305) 341-0584
E-mail: tpepe@southmlamlfl.gov
56
To CONSULTANT: Andrew Hodsell, Unit Manager, for AMEC Foster Wheeler
41.0 Corporate Authorl!¥: The CONSULTANT and its representative who signs this
AGREEMENT hereby certifies under penalty of perjury that the CONSULTANT and
its representative have, and have exercised, the required corporate power and that
they have complied with all applicable legal requirements necessary to adopt, execute
and deliver this AGREEMENT and to assume the responslbllItJes and obligations
created hereunder; and that this AGREEMENT is duly executed and delivered by an
authorized corporate· officer, In accordance with such officer's powers to bind the
CONSULTANT he.reunder. and constitutes a valid and binding obligation enforceable
In accordance with its terms, conditions and provisions.
IN WITNI;SS WHEREOF, this AGREEMENT was signed on or before the date flrst
above written sublect to the terms and conditions set forth herein.
ArrESTED:
By: -:--_~:--____ _
Marla .M. Menendez, CMC
City Clerk
Read and Approved as to Form, Language,
Legality and .Execution thereof:
By: __________________ ~
Thomas F. Pepe, Esq.
Oty Attorney
Thomas F. Pepe
1011311016
57
City of South Miami
BY-________ _
Steven Alexander
City Manager
State of Florida
. _.-·-1---------
Department of State
I certify from the records of this office that AMEC FOSTER WHEELER
ENVIROJ\lMENT & INFRASTRUCTURE, INC. is a Nevada corporation
authorized to transact business in the State of Florida, qualified on August 3,
20'00.
The document number of.this corporation is F00000004389.
I further certify that said corporation has paid all fees due this office through
December 31 j 2016, that its most recent annual reportlunifonn business report
was fIled on January 15,2016, and that its status is active.
I further certify that said corporation has not filed a Certificate of Withdrawal.
Given under PIty /tand and the
Great Seal of the State of Florida
at Tallahassee, the Capital, this
the Fifteenth day of January, 2016
~O~
Se.cretary of State
Tracldng Number: CCOn06l4363
To authenticate this 'certificate,visit the following site,entel' this number, and then
follow the instl'Uctlons displayed.
https://sel'Vices.suobiz.org/FilingsICertificateOfStatus/CertificllteAutheoticatioll
StOte of f'lorido
Boo rd of Professlohal £nglncCfl
U~, Nonh Monroe Srr~t. Sultc B-1 12
Tallahassec. Fl 32303-5268
Amec Foster Wheeler Environment & Infrastructure, Inc.
2000 E. Edgewood Drive
Suite 215
Lakeland, FL 33803
Each licensee Is solely responsible for notifying the Florida Board of Professional Engineers
In writing the licensee's current address.
Name changes require legal doc.umentatlon showing name change. An original, a certified
copy, or a duplicate of an original or certified copy of a document which shows theleg~1 name
change will be accepted unless there Is a question about the authenticity ofthe document
raised on its face, or because the genuineness of the document is uncertaIn, or because of
another matter related to the application.
At least 90 days prior to the expiration date shown on this license, a notice of renewal will be
sent to your last known address. If you have not yet received your notice 60 days prior to the
expiration date, please call (850) 521 ~0500, or write, Florida Board of Professional Engineers,
2639 North Monroe Street, Suite S-112,TaUahassee, FL 32303-5268 or e-mail:
board@fbpe.org. Our website address is http://www.fbpe.org.
Stat
Amec Foster
is authorized under the ... rn'"."I1" ...
to the public through 0 ,.I"nt .. ",.i",v, ...
Expiration: 2/28/2017
Audit No: 228201704970 NC
!i!!!I(.I· ..... ~rida
mPE
Iilw\!s'?JJi~~~ag
to offer engineering services
r 471. Florida Statutes.
CAlle. No:
5392
Each licensee is solely responsible for notifying the Florida Board of Professional Engineers in writing of the
licensee's current address.
Name changes require legal documentation shewing name change. An original, a certified copy, or a duplicate
copy of an original or certified copy of a document which shows the legal name change will be accepted unless
there is a question about the authenticity of the document raised on its face, 01' because the .genuineness of the
document is uncertain, or because of another matter related to the application.
At least 90 days prior to the expiration date shown on this license, a notice of renewal will be sent to your last
known address. If you have not yet received your notice 60 days prior to the expiration date, please call (850)
521-0500. or Wl1te, Florida Board of Professional Engineers, 2639 North Monroe Street, Suite B-112,
Tallahassee, Florida 32303 or email board@tbpe.org. Our website address is htto:/lwww.tbpe.org.
RESPONDENT QUALIFICATION 'STATEMENT
ttCommunlty Rating System Program Services RFQ"
RFQ #PLlO 16·23
The response to this questionnaire shall be utlli~ed a;p~rt ·~f th·~·CI1.y.S overall Prop~~~IE~~·i~~~o~·a~d-·
RESPONDENT selectlon.
I. Number of CRS Flood Plain Mitigation service contracts executed,
a) In the past 5 years
b} In the past 10 years
2. List the last three (3) CRS Flood Plain· Mitigation service contracts executed.
a)
b)
c)
Thomas F. Pepe
10/1"311016
CRS/Flood PlaIn Mltlgation
SerVIces: .
Entity Name:
Entity Address:
Entity Telephone:
CRS/Flood Plain Mitigation
SerVices:
Entity Name:
Entity Address:
En~ity Telephone:
CRS/Flood Plain Mltfgation
Services~
Entity Name:
Entity Address:
. Entity Telephone:
15
TOI-lY o?' M V\VV\\ LA¢> , EL
CtikO\ Ml\l'A ~~
1"\ V"V"h LA -tc:s • fL 33 i 0 L-I
.soc:; -~L.'] -1 ()t S
,-()."Ju d j,.. rn(j~ C \:!j t N·~
7Q (, ALe: HOaL Sma"
(Y\ 0t..6 ~~ c \1'1. ~l c. Z. ~66~
.. 2.52 -·72C.-ls~1 t!'oUf. It!O
C \1 j (\.f" C\\Ar'l..L£$tuvJ I S c... .
Z.6~~·S~
C'~'\U-J, SC-"Z.1QOl
<by~ -'2..1 t.( -3111
'3. Currentwotkload
40 The following i'\formatlon shall be attachedto the proposal.
a} RESPONDENT's home office organization chart.
b) RESPONDENT's proposed proJect organizational chart.
c) Resumes of proposed key project personnel. Including on-site Superintendent.
50 Ust and describe any:
a)
b)
c)
Bankruptcy petitions filed by .. or 'agalnst the Respondent . .or any predecessor organizations,
Any arbitration or civil or criminal proceedings, cir
Suspension of contracts or debarring from Bltldlng or Responding by any public agency brought
against the Respondent in the last five (5) years
60 Government References:
List other Government Agencies or Quasl.Governmental Agencies for which you have done busines·s
wlth!"n the past" five (5) years. .
Name of Agency: C'Tj () ('-' M I (l..MW(\-(l " A-
Address:' \3<10'0 e~\c.e. ~ BU)~~
fI\\~ /1... 33Q21'
Telephone No.: (itOY) 6f>3 --&& 6" .
Contact Person: &:~ 5.J )It?tW -Tf.rr~*
Type of Project: C(.:> fytcl<. fL4tv\. -$czY(.,Jt c..t!.~
Thomas Fo Pepe
10/13/2016
16
Name of Agency:
Address:
Telephone No.:
Contact Person:
Type of Project:
Name of Agency:
Address:
Telephone No.:
Contact Person:
Type of Project: .
Thomas F. Pepe
HIIIJ12016
'-\2 t,l(\ ~W .'a\W fu:/lJ4 ~--y
OJ::.W OO~ L-3Zg?g .. .
401-'U-c,-=tJ '1~
c(l..~ (tLo u-<4N'\. S at.M c.(; ~
Cd kL.'~ C4JMr7 ,fL-
;~:1L~6~
Z.~9-ZS2..-5~Z-
17
LIST OF PROPOSED SUB CONSUL TANTSI SUBCONTRACTORS AND
PRINCIPAL SUPPLIERS
t~Community Rating System Program Services"
RFQ #PL2016·23
... -.... _......... -_ .. --_.. -'-" .. --.. -._-...... _-"----.-._._, .. ----. ---_. ---_ ..
Respondent shall list all proposed sub-consultants/subcontractors, assuming sub-consultants/subcontractors are
allowed by the terms of 'this RFQ to be used on this project If they are awarded the Contract.
Classification ofWOI'I< I Subconti'actor Name I Addt'ess I Telephone, Fax &
I j I Email ,
General Engineering l\1A-
Roadway and Drainage N 1i1 Design ,
General Civil Design "}~
Structural ~ IA--
. I
Environmental Engineering f{ J~ ,
Architectural Services \J /J.r-
Landscape Architecture \J\f\
·Certlfled Arborists \J'~ Services
Surveying & Mapping l'l. '/}
Mechanical, Electrical ~ r.ir Plumbing (MEP)·
Construction Management
& Construction ~IA-Engineering Inspection
Services (eEl)
Other:
. . . . . . Respondents to this. sohcltation shall pr~vlde and Ihclude this hstlng With their Proposal •
Thomas f. Pepe
10113/2016
END OF SECTION
~\(:) . ~ e, C(j~<.uL..1" ~ (\ tL-~~'ff (.:.1 Qt.. )
18
NON COLLUSION AFFIDAVIT
STATE OF FLORIDA )
)
)
COUNTY OF MIAMI-DADE
___ M_ic_h_a_el_D_._P_h_e....,lp_s ___________ being first duly sworn, deposes
and states that:
(I) HelShelThey isfare the
. Representative
(Owner, Partner, Officer, Representative or Agent) of
~Am="'-ec::...;F=-o;:..;:s:..::.te=r_Wh:...;..::;.:=ee.::.::l=er=___ ____________ the Respondent that has
submitted the attached Proposal;
(2) He/ShelThey is/are fully informed concerning the preparation and contents of the
attached Proposal and of all pertinent circumstances concerning such Proposal;·
(3) Such Proposal is genuine and is not a collusive or sham Proposal; .
(4) Neither the said Respondent nor any of its officers, partners, owners, agents,
representatives, employees or p'arties in Interest, including this affiant, have in any
way colluded, conspired, connived or agreed, directly or incUrectly, with any other
Respondent. firm, or person to submit a collusive or sham Proposal in connection
with the Work for which the attached Proposal has been submitted; or to refrain
from Bidding or proposing in connection with such Work; or have in any manner,
. directly or indirectly, sought by agreement or collusion, or communication, or
conference with any Respondent, firm, or person to fix any overhead, profit. or cost
elements of the Proposal or of any other Respondent,· or to fIX any overhead, profit,
or cost elements of the Proposal Price or the Proposal Price of any other
Respondent, or to secure through any collusion, conspiracy, connivance, or unlawful
agreement any advantage against (ReCipient), or any person interested· in the
proposed Work;
(5) The price or prices quoted in the attached Proposal are fair and proper and are not
Witness
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
Michael D. Phelps, Office Manager
Print Name and Title
December 14,2016
Date
ACKNOWLEDGEMENT
Thomas F. Papa
10/13/2016
19
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
)
)
On this the 14th day·of December, 20 16 , before me, the undersigned Notary
Public of the State of Florida, personally appeared (Name(s) of individual(s) who appeared
before notary) Michael D. Phelps and whose.
name(s) is/are Subscribed to the within instrument, and helshefthey acknowledge that
he/she/they executed it.
WITNESS
seal.
NOTARY PUBLIC:
~.,.y Pili!" u.u ..... , "' ..... SEALOF
OFFICE: .:p ••••• ~ VN1IG I»\LUnn1 *.. · it MYCOMMISSIONl-FF174725 EXPIRES:.kJly 19, 2018 ~ ... OF ~ Bondad Thru 8. Notary Servlcet
Thomas F. Pepe
10113/2016
.. official
Janis Baldwin
20
(Name of Notary Public: Print, Stamp or
type as commissioned.)
~ Personally known to me, or
Personal identification:
Type of Identification Produced
Old take an oath,or
x Did Not take an oath.
PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST
Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes -"A
person or affiliate who has been placed on the-convicted vendor list following a -conviction for a
public entity -crime may not submit a Proposal or bid on -a Contract to provide any goods or
services to a public entity, may not submit a Bid or proposal for a Contract with a public entity
for the construction of _repair of a public building or public work, may not submit bids or
proposals on leases or real property to a public entity, may not be awarded to perform Work
as a RESPONDENT, Sub-contractor, supplier, Sub-consultant, or Consultant under a Contract
with any public entity, and may not transact business with any public entity in excess of the
threshold amount Category Two of Section 287.017, Florida Statutes, for thirty six (36) months
from the date of being placed on the --convicted vendor list~·.
The award of any contract hereunder is subject to the provisions of Chapter I 12, Florida State
Statutes. Respondents must disclose with their Proposals, the name of any officer, director.
partnerr 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 STATUm-, 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. orn s~ement is sub"!i~ted to
at--Sou; II"! (~wt·1 FleN",' d.'t
[print name of the public entity]
[print indlvldual's name and title]
fur __ ~4M~~~~~kv~_~_hw~/ev~ __ ~ ______ ___
[print name of entity submitting sworn statement]
whose business address is -L(Clz'( 6~f{Uf ~ Ot: S uHe 100
DUv'fAfA£.t1 , Uc, '2 7 -, 0::'
and (if applicable) its Federal-Employer Identification Number (FEIN) is 31-\ <.-4 "l-'Z-(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
Thomas F. Pape
1011312016
21
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 01" of the United
States and involving antitrust, fraud, theft, bribery. collusion, racketeering, conspiracy, or
-mater.ial-misrepresentation. ---__ ---
3. I understand that "convicted" or "conviction" as defined In Paragraph 287. I 33 (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~lury 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 pers.on 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 ail 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 convict-ed 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 (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, t~e statement which·1 have marked below is true in
relation to the entity submitting this sworn statement [Indicate which statement
applies.]
i}1Jd . 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
Thomas F. Pepe
10113/1016
22
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.
JM J The entity submitting this sworn statement, or one or more of its officers, ~rs, executives, partr:lers) 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 publlc interest to place the entity submitting this
sworn statement on the convicted vendor list. [attach a copy of the'final order.]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING
OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS
FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID THROUGH
DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND
THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A
CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION
287.017, FLORiDA STAlUTES, FOR CATEGORY TWO ~, F ANY CHANGE IN THE
INFORMATION CONTAINED IN THIS FORM. y~ .
J [Slgn ..... e]
Sworn to and subscribed before
<t'!oc.u,,.. .'" 20' '" -y-----------, ~ .
.... Personally known
~ +~ .. ~~"'1
me day of
OR Produced identIfication __ _ Notary Public -State of JI.I..,~~ c:.c.,. lin,., 0 ... ,1., .. c...'1
My commissionexpires_....;':J'-=':..:.:I\:.:..:" .. :::..r+1 _..:::l.-,-'L-' --'=.:1...;:.o"a.....;o _____ _
~
(Type of identification) JuanltaF. Colllns
(Printed, typed or Stamped com miss onedOou:::t:~h'::. NO
Name of notary PUbIlC~~ ~. G.u-.:-
3 ....... ,-\.. (). C .. \\\",
Thomas F. Pepe
10113/2016
Form PUR 7068 (Rev.06/1 1/92)
23
DRUG FREE WORKPLACE
Whenever two or mor~ 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
commotlitles orcontractual-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)
2)
3)
4)
5)
6)
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.
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.
Give each employee engag~d in providing the commodities or contractual
services that are under Bid a copy of the statement specified in Subsection (I ).
In the statement specified In Subsection (I), notify the employees, that; as a
condition of working of the commodities or· contractual services that are under
Bid, he employee shall abide· by the terms of the statement and shall notify the
employee of any conviction of. or plea of gUilty or nolo contendere to, any
violation of Chapter 893 or of any controlled substance law of the United States
or any state, for a violatior:t occurring in the workplace no later than five (5)
business days after such conviction.
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.
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; l-certlfy that this firm complies folly with the
above requirements. ,I) . .
RESPONDENT's Signature: --I-f#t:~, pL--t-\t.~---+t--· ----___ _
Print Name: ---r-~k-"--,-,J,,,,-,,-~~H-,--Ct_dx----Jll,----__
Date: _'--Z-+-l-'--tU---l·I---'-\-=.b ______ _
Thomas F. Pepe
1·0/13/2016·
24
ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA
STANDARDS
TOTHE'"CITY' OFsotJTF-rMIAM1-
We, ?\Ola... ~~~, (Name of CONSULTANT), hereby acknowledge and agree that as
CONSUlTANT for the "Community Rating System Program Services" project 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 and N/A (Consultant)
against any and all liability, claims, damages, losses and expens€s they may incur due to the
failure of (Sub-contractor's names):
to comply with such act or regulation.
CONSULfi.ANT
BY: ~ A>tclY'fA.,J (~6ihrli
I Mit 01AvUju
Title "
Thomas F. Pepe
"I 011 3nO 16
25
OJl~
Witness
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 Re$pondent'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 "Ustingstt summarized below.
Respondents must "Check if Applies tt next to the applicable "Listing.tt The "Listings" can be
accessed through the following link to the Florida Department of Management Services website:
htt;p:llwww.dms.myflorida.com/business operations/state purchasing/vendor informati
on/convicted suspended discriminatory complaints vendor lists
DECLARATION UNDER PENALTY OF PERJURY.
I, Michael D. Phelps (hereinafter referred to as the "Declarant") state. under
penalty of perjury, that the following statements are true and correct
(I) I r~present the Respondent whose name is Amec" Foster Wheeler
(2) I have the following relationship with the Respondent _Office Manager_ (Owner
(if Respondent is a sole proprietor). President (if Respondent is a corporation) Partner (if
Respondent is a partnership), General Partner (if Respondent ·is a Limited Partnership) or·
Managing Member (if Respondent is a limited Liability Company).
(3) I have reviewed the Florida Department of Management Services website at the
following URL address:
http://www.dms.myflorida.com/business _operations/state -purchasing/vendor _informatlon/convi
cted_suspended_ discrrm inatory _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 r 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 01) 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.
Thomas F. Pape
1011312016
Michael D. Phelps
(Print name of Declarant)
BY7tMZl~ -
(Signature of Declarant)
26
ACKNOWLEDGEMENT
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
. On this the 14th day of December , 20 16 I before me, the undersigned
authority, personally appeared Michael P. Phelps who Is
personally know to me or who provided the following identification personally known and
who took an oath or affirmed that that he/she/they execu d the foregoing Affidavit as the
Declarant.
WITNESS my hand and official seal.
NOTARY PUBLIC:
SEAL
.;~.:~ JANI8BN..DWIN
lit _. MY COMMISSION IFF 174725
EXPIRES: JIdy 19, 2018 ~ BaftdedThrv BudGet NeIlly eel'ltJel
Thomas F. Pepe
10/1312016
27
Janis Baldwin
(Name of Notary Publ!c: Print,
Stamp or type as commissioned.)
RELATED PARTY TRANSACTION VERIFICATION FORM
1 100 d~ \{~ c1.~l individually and on behalf of
~ E'.li> -kv Whw[~ ("Firm") have Name of Representative
C()mpanylVendorlEntlty read the City of South 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, and10r 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 pubticly 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, <:hlldren, br-others
and sisters) has transacted or entered into any contract(s) with the City or has a finandal
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 Hne, 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 flt 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 name~ 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 flrm are as .
Thomas F. Pape
10/13/2016
28
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
emproyees. appointed officials or the immediate family members of elected and/or appointed
official or employee.]
(5) I and the Frrm further agree not to use or attempt to use any knowledge. property or
resource which may come to us through our position of trust, or through our performance of
our dutIes under the terms of the contract with the City, to' secure a special privilege, benefit,
or exemption for ourselves, or others. We agree that we may not disclose or use information,
not available to members of the general public, for our personal gain or benefit or for the
personal gain ·or benefit of any other person or business entity, outside of the normal gain or
benefit anticipated through the performance of the contract.
(6) I and the Firm hereby acknowledge that we have not contracted or transacted any business
with the Cjty 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:. _____________________________ _
(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). 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 marrJage
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 immediat{! 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 thos{! 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
Thomas F. Pepe
10113/2016
29
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.additioFlal-informaticm-that-wili. not· fit. on.this·line;-however, you ...
must make reference, on the above line; to the additlonal sheet and the additional sheet must
be signed under oath). [while the ethics code still applies, if the persoh 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 V-erification 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,solicitatlon and to disclose the relationship ofthose parties to me
'and the Firm ..
(10) A violat.lon of the City's Ethics Code, the giving of any false information or the failure to
supplement this Verification Form. may subject me or the Firm to immediate termination of any
agreement with the City, and the imposition of the maximum fine and/or any penalties allowed
by law. Additionally, violations may be considered by and subject to action by the Miami-Dade
County Commission on Ethics. Under penalty of perjury, I declare that I have. made a diligent
effort to investigate the matters to which I am attesting hereinabove and that the statements
made hereinabo .eare rue and correct to the best of my knowledge, information and belief.
Signature: --1'-''''''-----------
Print Name & Title: ~Jtvy (II ol~ II I' dA ~ t M OIn~v
Date: 1 z., /2"/1 B
Thomas F. Pepe
. 10/1312016
30
PRESENTATION TEAM
DECLARA TION/AFFIDVAIT OF REPRESENTATION
This affidavit is not required for compliance with the City's Solicitation; however, It may be
used-to aV6idtheneed-to register-members"of'yourpresentatioo-team -as lobbyists. Pursuant
to City Ordinance 28~14-2206 (c){9). any person who appears as a representative for an
Individual or f1.rm 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 flied 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 Clerkls office as a lobbyist and has paid all applicable lobbyist
registration fees.
Pursuant to '92.525(2), Florida Statutes, the undersigned, ~Ql.&~ ~Stu... makes the
following declaration under penalty of perjury:
Listed below are all individuals who may make a presentation on behalf of the entity that the
affiant represents. Please note; No person shall appear before any committee on behalf
of anyone unless he or she has been listed as part of the firm's presentation team
pursuant to this paragraph or unless he or she is registered with the Clerl<'s office
as a lobbyist and has paid all applicable lobbyist registration fees.
NAME TITLE
For the purpose of this Affidavit of Representation only. the listed members of the
presentation team, with the exception of any person otherwise required to register as a
lobbyist, shall not be required to pay any registration fees. The Affidavit of
Representation shall be flied 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 presentatlon team of the entity listed below ExD \£1\\ day of ~CIi>'M!I.a'L ,20J.lL .
Sigl}ature of RePresentative 'L I ill A -r::
tlVI dV'fAIJ JiQ. J2t~ llr/lJ LVIJ/fh'70/{( f:I M~ c..-Lei ~retkW~
Print Name and Title Print name of entity being represented
Thomas F. Pepa
10/13/2016
END OF SECTION
37
2.
4,
· Evaluation
~·~oringSheet
Quaii(i~~tibn.$ of the Prbject Manager and.
··r~QjE!d:T~al1ll .
Maximum ,POints:·30.
~eJate~·ProjectsiPast Experien.ce:
M~i:hlumP()ints:20
qllality~and completeness 01 the
10
(Print arne) .
Page 1 of 1
';"t"" •
··L.···L· . ,0
\0 . \.A o
Date:
;.,.'
' ... , ....
3.
.4.
Evaluation
Scoring Sheet
',' .' . . ..~l1d·t~~6hical
·"VlnAl!i'iCi"''' .. t. 'f. " . . firm aM p~rs()nnel 'to
:·+"'r'''''I-ilF;;'~IM th.·e. ;:.s"erv. ices.'. il'l.:a.'.tc .. :.o.' fAa. h.'ce,'·W.ith . ..
" of Services: .,: ~. Ore
40
QualifitatlQns ~f the Project Manager' and
PrQject T~arn: .s .I~·
Maxim.um Points: 30
. Related Projects/Past Experience:
Mb:imumP()ints: 20
10
Page 1 of 1
l~
10
.. ,-"
\-\\~/11
3.
4.
'r'o,"': ."~-'" , ..•• , ..
.'. .
Evaluation
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9tiai'lfI~ati6hs of the Project Manager and
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EXHIBIT #6 .
PROFESSIONAL SERVICE AGREEMENT
Community Rating System Pro.gram Services
RFQ #PL20 16·23
THIS AGREEMENT made and entered i~to this~ day of M(~ 2011 by and
between the City of South Miami, a municipal corporatio~er referred to as
.owner or CITY) by and through its City Manager (hereinafter referred to as CITY or
City Manager) and AIY1£ C fD5,'R:l'{.. \,.J~ez..... who is authorized to
·do business in the State of Florida, (hereinafter referred to as the "CONSULTANT").
In consideration of the premises and the mutual covenants contained in this
AGREEMENT, the parties agree to the following-terms and conditions:
1.0 General Provisioh·S
1.1 A Notice to Proceed will be .issued by the City Manager, or his designee, follOWing
the signing of thls AGREEMENT. This AGREEMENT does not confer on the
CONSULTANT any exclusive rights to perform work on behalf of the Owner
other than the work described in one or more Notke· to Proceed (hereinafter
referred to as the "WORK"), nor does it obligate the Owner in any manner to
. guarantee work for the ·CONSUL TANT.
J.2 The CITY agrees that it will furnish to the CONSULTANT available data and
documents in the CITY possession pertaihing to the WORK to be performed
under this AGREEMENT promptly after the issuance of the Notice to Proceed
and upon written req!Jest of the CONSULTANT.
2.0 Scope of Services. The CONSULTANT shall perform the work as set forth in the
Scope. of Services as described in the Notice to Prooeed.
3.0 Time for Completioh
3.1 The· services to be rendered by the CONSULTANT fo:r any WORK shall be
commenced upon receipt of a wrjtten Notice to Proceed from the CITY
subsequent to the execution of this AGREEMENT and shall be completed within
the time set forth in the Notice to Proceed or other document signed by the
City Manager, or designee.
3.2A reasonable extension of time will be granted in the event there is a delay on
the part of the CITY in fulfilling its part of the AGREEMENT, change of scope of
work or should any other events beyond the control of the CONSULTANT
render performance of his. duties. impOSSible.
4 .. 0"Basis of Compensation: The fees for services of the CONSULTANT shall be
determined by one of the follOWing methods or a combination thereof, as mutually
agreed upon by the CITY and the CONSULTANT.
4.1 A fixed sum: The fee for a task or a scope of work may be a fixed sum as
mutually agreed upon by the CITY and the CONSULTANT and if s.uch an
agreement is reached, it shall be in writing, signed by the CONSULTANT and
the City Manager and attached hereto as ATTACHMENT A:
4.2 Hourly rate fee: If there is no fixed sum or if additional work is requested
without an agreement as to a fixed sum, the CITY agrees to pay, and the
C.oNSUL TANT agrees to accept, for the services rendered pursuant to this
Thomas F. Pepa
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50
AGREEMENT, fees in accordance with the hourly rates that shall include all
wages, benefits, overhead and profit and that shall be in writing, signed by the
CONSULTANT and the City Manager and attached hereto as ATTACHMENT
A
5.0 Payment and Partial Payments. The CITY will make monthly payments or partial
payments to the CONSULTANT for all authorized WORK performed during the
previous calendar month as set forth in the ,schedule of payment as set forth in
ATTACHMENT A or, 'if no schedule of payment exhibit is attached to this
AGREEMENT then payment will be made 30 days following the receipt of
CONSULTANT's invoice as the work progresses but only for the work actually
performed and approved in writing by the City Manager.
6.0 Right of Decisions. All services shall be performed by the CONSULTANT to the
satisfaction of th'e CITY's representative, who shall decide all questions, difficulties and
disputes of whatever nature which may arise under or by reason of this AGREEMENT,
the prosecution and fulfillment of the services, and the character, quality, amount and
value. The representative's-decisions upon all claims, questions, and disputes shall be
final, conclusive and binding upon the parties unless such determination is clearly
arbitrary or unreasonabl'e. In the event that the CONSULTANT does not concur In
the judgment of the representative as to any decisions made by him, CONSU L rANT
shall present his written objections to the City Manager and shall abide by the decision
of the City Manager.
7.0 Ownership of Documents. 'All reports and reproducible plans, and other data
developed by the CONSULTANT for the purpose of this AGREEMENT shall become
the property of the CITY without restriction or limitation.
8.0 Audit Rights. The CITY reserves the right to audit the records of the CONSULTANT
related to this AGREEMENT at any time during the execution of the WORK and for a
period of one year after final payment is made. This provision is applicable only to
projects that are on a time and cost basis'.
9.0 Truth-in Negotiations: If the contract amount exceeds the threshold amount
provided in s. 287.017 for category four, the CONSULTANT shall execute a truth~jn
negotiation certificate stating that wage rates and other factual unit costs supporting
the compensation are accurate, complete, and current at the time of contracting. In
such event, the original contract price and any additions thereto shall be adjusted to
exclude any significant sums by which the City determines the contract price was
increased due to inaccurate, incomplete, or noncurrent wage rates and other factual
unit costs. All such contract adjustments must be made within one 'year following the
end of the contract.
10.OSubletting. The CONSULTANT shall not assign or transfer its rights under this
AGREEMENT without the express written consent of the CITY. The CITY will not
unreasonably withhold and/or delay its consent to the assignment of the
CONSULTANT's rights. The CITY may, in its sole discretion, allow the
CONSULTANT to assign its duties, obligations and responsibilities provided the
assignee meets all of the CITY's requirements to the CITY's sole satisfaction. The
CONSULTANT shall not subcontract this AGREEMENT or any of the services to be
provided by it without prior written consent of the CITY. Any assignment or
subcontracting in violation hereof shall be void and unenforceable
Thomas F. Pepe
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I 1.0 Unauthorized Aliens: The employment of unauthorized aliens by the CONSULTANT
is considered a violation of Federal Law. If the CONSULTANT knowingly employs
unauthorized aliens, such violation shall be cause for unilateral cancellation of this
AGREEMENT. This applies to any sub-CONSULTANTs used by the CONSULTANT
as well. The CITY reserves the right at its discretion, but does not assume the-
obligation, to require proof of valid citizenship or, in the alternative, proof of a valid
green card for each person employed in the performance of work or providing the
goods andlor services for or on behalf of the CITY including persons employed by any
independent contractor. By reserving this right, the CITY does not assume any
obligation or responsibility to enforce or ensure compliance with the applicable laws
andlor regulations.
12.0. Warranty. The CONSULTANT warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for the
CONSULTANT, to solicit or secure this contract and that he has not paid or agreed
to pay any company or person other than a bona fide employee working solely for the
CONSULTANT any fee, commission, percentage fee, gifts or any other considerations
contingent upon or resulting from the award or making of this contract. For breach or
violation of this warranty, the CITY shall have the right to annul this contract without
liability.
13.0 Termination. It is expressly understood and agreed that the CITY may terminate this
AGREEEMENT for any reason or no reason and without penalty by either declining to
issue Notice to Proceed authorizing WORK, or, if a Notice to Proceed is issued,
CITY may terminate this AGREEMENT by written notice to CONSULTANT, and in
either event the CITY's sole obligation to the CONSULTANT shall be payment for
the work previously authorized and performed in accordance with the provisions of
this AGREEMENT. Payment shall be determined on the basis of the work performed
by the CONSULTANT up to the time of termination. Upon termination, the CITY
shall be entitled to a refund of any monies paid for any period of time for which no
work was performed.
14.0 Term. This AGREEMENT shall remain in force until the end of the term, which
includes all authorized renewals, or unless otherwise terminated by the CITY. The
term of this agreement is three (3) years from the issuance of the Notice to Proceed
and one two-year option-to renew. The option to renew is at the discretion of the
City Manager. The CITY may terminate the contract Without cause follOWing 30 days
advanced notice to the CONSULTANT. However, in no event shall the term exceed
five (5) years following the issuance of the Notice to Proceed.
15.0 Default. In the event either party fails to comply with the provisions of this
AGREEMENT, the aggrieved party may declare the other party in default and notify
the defaulting party in writing. If CITY is in default, the CONSULTANT will only be
compensated for any completed professional services and CONSU L TANT shall not
be entitled to any consequential or delay damages. In the event that partial payment
has been made for such professional services not completed, the CONSULTANT
shall return such sums to the CITY within ten (10) days after notice that said sums
are due. In the event of any litigation between the parties arising out of or relating
in any way to this AGREEMENT or a breach thereof, each party shall bear its own
costs and legal fees.
16.0 Insurance and Indemnification. The CONSULTANT agrees to comply with CITY's
Thomas F. Pepe
1011312016
52
Insurance and Indemnification requirements that are set forth in ATTACHMENT B to
this AGREEMENT.
17 •. 0 Agreement Not Exclusive. Nothing in this AGREEMENT shall prevent the CITY from
·employing other CONSULTANTS to perform the same or similar .services.
18.0 Codes. Ordinances and Laws. The CONSULTANT agrees to abide ·and be. g0verned
by all duly promulgated and published municipal, county, state and federal codes,
ordinances, rules, regulations and laws which have a direct bearing on the WORK
involved on this project. The CONSULTANT is required to complete and sign all
affidavits, including Public Entity Crimes Affidavit form (attached) pursuant to. FS
287.133(3) (a), as required by the-CITY's 'Solicitation, if any,applieable to thIs
AGREEMENT.
19.0 Taxes. CONSULTANT shall be responsible for payment of all federal, state, and/or
local taxes related to the Work, inclusive of sales tax if applicable.
20.0 Drug Free Workplace. CONSULTANT shall comply with CITY's Drug Free
Workplace policy which is made a part of this AGREEMENT by reference.
21.0 Independent Contractor. CONSULTANT is an Independent entity under this
AGREEMENT and nothing contained herein shall be construed to create a
partnership, joint venture, or agency relationship between the par-ties.
22.0 Duties and Responsibilities. CONSULTANT agrees to provide its services during the
term of this AGREEMENT in accordance with all applicable laws, rules, regulations,
and health and safety standards of the federal, state, and CITY, which may be
applicabl.e to the service being p-rovided.
23.0 Licenses and Certifications. CONSULTANT shall secure ·all necessary business and
professional licenses at its sole expense prior to executing the AGREEMENT.
24.0 Entire Agreement. Modification, and Binding Effect: This AGREEMENT constitutes the
entire agreement of the parties, incorporates all the understandings of the parties and
supersedes any prior agreements, understandings, representation or negotiation,
written or oral. This AGREEMENT may not.be modified or .amended except in
writing, signed by both parties hereto. This AGREEMENT shall be bInding upon and
inure to the benefit of the City' of South Miami and CONSULTANT and to their·
respective heirs, successors and assigns. No modification or amendment of any terms
or provisions of this AGREEMENT shall be valid or binding unless it complies with this
paragraph. Thrs AGREEMENT, in general, and this paragraph, in particular, shall not
be modified or .amended by acts or omissions of the parties. If this AGREEMENT was
approved bywritten resolution of the City Commission, or if such approval is
required by ordinance or the City Charter, no· amendment to this AGREEMENT shall
be valid unless approved by written resolution of the City Commission.
25.0 Jury Trial. CITY and CONSULTANT knOWingly, irrevocably voluntarily and.
intentionally waIve any right either may have to a trial by jury in State or Federal
Court proceedings in respect to any action, proceeding, lawsuit or counterdalm
arising out ofthis AGREEMENT or the performance of the Work thereunder.
26.0 Validity of Executed Copies, This AGREEMENT may be executed in several
counterparts, each of which shall be construed as an original.
27.0 Rules of Interpretation: Throughout this AGREEMENT the pronouns that are used
may be substituted for male, female or neuter, whenever applicable and the singular
words substituted for plural and plural words substituted for singular wherever
applicable~
Thomas F. Pepe
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28.0 Severability .. If any term or provision of this AGREEMENT or the application thereof
to any person or circumstance shall, to any extent, be invalid or unenforceable, the
remainder of this AGREEMENT, or the application of such term or provision to
persons or circumstances o~her than those to which it is held invalid or
----unem.or-Geabl.e,sl:lall.-not-be..-affeGted. tl:iereby and --each .. ar:ld-e:v.ar-y-other-term-.a.nd
provision of this -AGREEMENT shall be valid and enforceable to the fullest extent
permitted by law.
29.0 Cumulative Remedies: The duties and obligations imposed by the contract
documents, if any, and the rights and remedies available hereunder, and, in particular
but without limitation, the warranties, guarantees and obligations imposed upon
CONSULTANT by the Contract Documents, if any, and this AGREEMENT and the
rights and remedles available to the CITY hereunder, shall be in addition to, and shall
not be construed in any way as a limitation of, any rights and remedies available at law
or in equity, by special guarantee or by other provisions of the Contract Documents,
if any. or this AGREEMENT. In order to entitle any party to exercise any remedy
reserved to it in this AGREEMENT, or existing in law or in equity, it shall not be
necessary to give notice, other than such notice as maybe herein expressly required .
. No remedy conferred upon or reserved to any party hereto, or eXisting at law or in
equity, shall be exclusive of any other available remedy or remedies, but each and
every such remedy shall be cumulative and shall be in addition to every other remedy
given under this AGREEMENT or hereafter existing at law or in equity. No delay or
omission to exercise any right or power accruing upon any default shall impair any
such right or power or shall be construed to be a waiver thereof, but any such right
and power may be exercised from time to time as often as may be deemed expedient.
30.0 Non-Waiver. CITY and CONSULTANT agree that no failure to exercise and no·
delay in exercising any right, power or privilege under this AGREEMENT on the part
of either party shall operate as a waiver of any right, power, or privilege under this
AGREEMENT. No waiver of this AGREEMENT, in whole or part, including the
provisions of this paragraph, may be implied by any act or omission and will only be
valid and enforceable if in writing and duly executed by each of the parties to this
AGREEMENT. Any waiver of any term, condition or provision of this AGREEMENT
will not c.onstitute a waiver of any other term, condition or provision hereof, nor will
a waiver of any breach of any term, condition or proviSion constitute a waiver of any
subsequent or succeeding breach_ The failure to enforce this AGREEMENT as to any
particular breach or default shall not act as a waiver of any SUbsequent breach or
default.
31.0 No Discrimination and Equal Emp-Ioyment: No action shall be taken by the
CONSULTANT, nor will it permit any acts or omissions which result in discrimination
against any person, including employee or applicant for employment on the basis of
race, creed, color, ethnicity, national origin, religion, age, sex, familial status, marital
status, ethnicity, sexual.orientation or physical or mental disability as proscribed by
law and that it will take affirmative action to ensure that such discrimination does not
take place. The CONSULTANT shall comply with the Americans with Disabilities Act
and it will take affirmative action to ensure that such discrimination does not take
place. The City of South Miami's hiring practices strive to comply with all applicable
federal regulations regarding employment eligibility and employment practices in
general. Thus, all individuals and entities seeking to do work for the CITY ar·e
Thomas F. Pepe
10/13/2016
54
expected to comply with all applicable laws, governmental requirements and
regulations, including the regulations of the United States Department of Justice
pertaining to employment eligibility and employment practices. By signing this
AGREEMENT, the CONSULTANT hereby certifies under penalty of perjury, to the
---GITY,.·that-CONSULTANT ·is-in G0mpliance. with-a~l-applicabl·e-reg\;llati0R5.aml.-laws .....
governing employment practices.
32.0 Governing Laws. This AGREEMENT and the performance of services hereunder will
be governed by the laws of the State of Florida, with exclusive venue for the
resolution of any dispute being a court of competent jurisdiction in Miami-Dade
C-ounty, Florida. .
33.0 Effective Date. This AGREEMENT shall not become effective and binding until it has
been executed by both parties hereto, and approved by the City Commission if such
approval is required by City's Charter, and the effective date shall be the date of its
execution by the last party so executing it or if City Commission approval is
required by the City's Charter, then the date of approval by City Commission,
whichever is later.
34.0 Third Party Beneficiary. It is specifically understood· and agreed that no other
person or entity shall be a third-party beneficiary hereuhder, and that none of
provisions of this AGREEMENT shall be for the benefit of or be enforceable. by
anyone other than the parties hereto, and that only the parties hereto shall have
any rights hereunder.
35.0 Further Assurances. The parties hereto agree to execute any and all other and
further documents as might be reasonably necessary in order to ratify, confirm, and
effectuate the .intent and purposes of this AGREEMENT.
36.0 Time of Essence. Time is of the essence of this AGREEMENT.
37.0 Interpretation. This AGREEMENT shall not be construed more strongly against either
party hereto, regardless -of who was more responSible for its preparation.
38.0 Force Majeure. Neither party hereto shall be in default of its failure to perform its
'obligations under this AGREEMENT if caused by acts of God, civil commotion, strikeS,
labo.r disputes, or governmental demands or requirements that could not be
reasonably anticipated and the effects avoided ·or mitigated. Each party .shall notify the
other of any such occurrence.
39.0 Subcontractlng; If allowed by this AGREEMENT, the CONSULTANT shall be as fully
responsible to the CITY for the acts and omissions of its
subcontractors/subconsultants as it isfbr the acts and omissions of people directly
employed by it. All subcontractors/subconsultants and their agreements, if allowed by
this AGREEMENT, must be approved by the CITY. The CONSULTANT shall require
each subcontractor, who is approved by the CITY, to agree in the subcontract to
-observe and be bound by all obligations and conditions of this AGREEMENT to which
CONSULTANT is bound.
40.0 Public Records: CONSULTANT and all of its subcontractors. are required to comply
with the pUblic records law (5 .. 119.070 I) while providing goods and/or services on
behalf of the CITY and the CONSULTANT, under such condItions, shall incorporate
this paragraph in all of its subcontracts for this Project. Under such condition,
CONSULTANT and its subcontractors are specifically required to: (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
Thomas F. Pepe
10/13/2016
55
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 Efisclosedexcept asauthofized-.bylaw for-the .duration .. of the.··contr-aGt term and
following completion of the contract if the contractor does not transfer the records
to the public agency; and (d) Upon completion of the cOlitract, transfer, at no cost, to
the public agency all public records in possession of the contractor or keep and
maintain public records required by the public agency to perform the service. If the
contractor transfers all public records to the public agency upon completion of the
contract, the contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from publiC records disclosure requirements. If the
contractor keeps and maintains public records upon completion of the contract, the
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 THE 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 ..
41.0 Notices. Whenever notice shall be required or permitted herein, it shall be
delivered by hand delivery, e-mail (or similar electronic transmisSion), facsimile
transmission or certified mail, with return receipt requested and shaH be deemed
delivered on the date shown on the e-mail or delivery confirmation for any
facsimile transmission or, if by certified mail, the date on the return receipt or
the date shown as the date same was refused or unclaimed. If hand delivered to
the CITY, a copy must be stamped with the official City receipt stamp showing
the date of deliver; otherwise the document shall not be considered to have been
delivered. Notices shall be delivered to the following individuals or entities at the
addresses (including e-mail) or facsimile transmission numbers set forth below:
To CITY:
With -copies to:
Thomas F. Pepe
10/13/2016
City Manager,
6130 Sunset Dr.
South Miami, FL 33143
Tel: (305) 668-2510
Fax: (305) 663-6345
E-mail: salexander@southmiamifl.gov
City Attorney
6130 Sunset Dr.
South Miami, FL 33 143
Tel: (305) 667-2564
Fax: (305) 341-0584
E-mail: tpepe@southmiamifl.gov
56
To CONSULTANT:
42.0 Corporate Authority: The CONSULTANT and its representative who signs this
AGREEMENT hereby certifies under penalty of perjury that the CONSULTANT and
its representative have, and have exercised, the required corporate power and that
they have complied with all applicable legal requirements necessary to adopt, execute
and deliver this AGREEMENT and to assume the responsibilities and obligations
created hereunder; and that this AGREEMENT is duly executed and delivered by an
authorized corporate officer, in accordance. with such officer's powers to bind the
CONSULTANT hereunder, and constitutes a valid and binding obligation enforceable
in accordance with its terms, conditions and provisions.
IN WITNESS WHEREOF, this AGREEMENT was signed on or before the date first
above written subject to the terms and conditions set forth herein.
ATTESTED: B~~~ey ar·M. Menendez, C
City Clerk
Read and Approved as to Form, Language,
Legality and Execution thereof:
-.-~-:-.:,. ./ /--,
By: ._~~/-.~;":.7c~/#;7~~
Thomas F. Pepe, Esq.
City Attorney
Thomas F. Pepe
1011312016
'-
57
BACKGROUND:
EXHIBIT#I
SCOPE OF SERVICES
Community Rating System Program Services
RFQ #PL20 16-23
The City of South Miami South Miami is a City in Miami-Dade County, Florida, United States.
The population was 10,741 at the 2000 census and according to the U.S. Census Bureau for
20 10 it was I 1,657. As per Bureau of Economic & Business Research (BEBR) at UF, the City
Population for FY 2017 is 13,656. This is the number which will be used for State Revenue
Sharing calculations.
Total housing units
Total: Occupied housing units
Owner-occupied housing units
Renter-occupied housing units
Population in occupied housing units: Owner-occupied housing
units
Population in occupied housing units: Renter-occupied housing
units
Occupied housing units Average household size: Owner-occupied
Occupied housing units Average household size: Renter-occupied
Average household size
Average family size
2.46
3.16
5,174 100 16.09
4,699 90.82 9.25
2,573 49.73 -3.74
2,126 41.09 30.59
7,052
4,507
2.7
2.1
Pursuant to Florida Statute 287.055, "Consultants Competitive Negotiations Act," the City is
seeking to retain a qualified firm to review the City's current Community Rating System (CRS)
Program and prepare the City to improve it's CRS classification from 7 to 6. The City, with the
completion of a successful CRS program by the Consultant, is expecting implemention strategies
from the Consultant to help lower the cost of flood insurance.
The City will use a competitive negotiation process in selecting the consultant. Accepted
proposals will be evaluated by the City utilizing Exhibit #5, "Evaluation and Selection
Criteria." Respondents, deemed as best suited and qualified, shall be selected by a Selection
Committee of at least three (3) representatives selected by the City for discussion and/or
presentations, ranking and subsequent negotiations with the selected consultant.
SCOPE OF WORK:
The following provides an overview of the tasks associated for the project and deliverables to
be provided by the Consultant:
I. Provide an assessment of the City's current CRS program and assist the
City in looking for ways to improve the current CRS rating (Improve
from a CRS Classification 6 to a CRS Classification 5 or better).
Thomas F. Pepe
10113/2016
38
2. Provide input on the benefits and requirements of developing a
comprehensive Program for Public Information (PPI) program.
3. Provide input on the benefits and requirements of developing a
Repetitive Loss Area Analysis (RLAA) which includes a study and
evaluation of the events leading to flooding of its repetitive loss
properties.
4. Prepare for the modification visit in preparation of documentation to
support credit for each CRS activity and develop a verification manual.
The preparation for a modification visit will include the following:
Q Review and examine Elevation Certificates to identify any deficiencies
(Even those already reviewed by ISO).
o Review all current CRS documentation submitted under the Verification
Visit.
~ Work with the City CRS Coordinator to select appropriate CRS
Activities for implementation.
81 Assist the City CRS Coordinator to organize Visit files on each activity.
GI Assist departmental personnel to prepare key documents and to prepare
Visit briefing points as necessary.
II Assist City CRS Coordinator on special map requirements, including the
impact adjustment.
s ISO is trying to go paperless in their verification visits, so if possible, most
of the documentation should be in electronic format.
• Attend the City's Modification visit to provide guidance on how to
respond to questions from ISO and to bring up scoring and
documentation issues which may arise during that visit.
• Assist the city in follow-up documentation required to satisfy the ISO 30-
day letter.
NOTE: A LINK TO THE CITY'S CURRENT FLOOD ZONE MAP IS REFERENCED
AS fXHIBIT#3.
PROIECT TIMELINES
The Consultant shall complete the project by the end of the current fiscal year,
September 30, 2017, . or sooner. ~ Notice to Proceed will be issued by the City to the
awarded consultant, which will indicate the kickoff for the project.
Thomas F. Pepe
10/1 ]/20 16
END OF SECTION
39
Thomas F. Pepe
10113/2016
ATTACHMENT A
"COMPENSATION"
PROFESSIONAL SERVICE AGREEMENT
Community Rating System Program Services
RFQ #PL20 16-23
58
Proposal for Community Rating System Program
Services
Amec Foster Wheeler is prepared to assist the City of South Miami in their desire to lower their CRS
classification from a Class 7 to a Class 6 or better under the guidance of the 201312017 CRS
Coordinator's Manuals. Amec Foster Wheeler is extremely familiar with the changes to the 2013/2017
CRS Coordinator's Manuals and the impact these changes have on local programs.
The following steps provide an overview of Amec Foster Wheeler's approach for the project tasks to
be performed under this RFQ (This proposal follows the four items listed under the Scope of Work on
pages 38 and 39 in RFQ PL2016-23):
1. Provide an assessment of the City's current CRS program and assist the Town in looking
for ways to improve the current CRS rating (Improve from a CRS Classification 7 to a
CRS Classification 6 or better).
Amec Foster Wheeler will hold an initial "kickoff meeting" to explain ways in
which the· City can improve its rating which may include implementing
elements in existing activities or undertaking new activities under the
201312017 CRS Coordinator's Manuals. Amec Foster Wheeler will provide the
City a report (assessment) which outlines the best strategies for South Miami
to implement for a class improvement. Below is a listing of CRS credits under
the 2007 CRS Coordinator's Manual that the City received for their previous Classification 7.
Amec Foster Wheeler will provide realistic recommendations on ways to lower the City's classification
that provide a positive cost-benefit or return on investment -number of credit points versus effort.
Based on FEMA's Community Information System (CISI), South Miami was last verified by ISO in 2012;
therefore, a Cycle Verification Visit -a complete review of the City CRS program -should be conducted
in 2017 based on a five-year cycle period.
Based on the above scoring guide of credits under the previous Verification Visit. the City of South
Miami received 1,542 credits or a Classification 7. There are certain activities of credit which changed
from the 2007 to 2013 CRS Coordinator's Manuals. As a result. a few activities have fewer points
Proposal: Community Rating System Program Assistance
AmecFoster Wheeler I City of South Miami, Florida
available under the 201312017 Schedules including:
Activity 310 -Elevation Certificates: 56 points to 38 points;
Activity 320 -Map Information Service: 140 points to 90 points; and
amec
roster
wheeler
Activity 720 -Dam Safety: 71 to 15 points (but only if community is impacted by a dam upstream).
Therefore, the City of South Miami will need approximately 138 points to keep its Classification 7 and
another 450 points to reach a Classification 6. Below is a description of efforts which can help to lower
the City's classification to 6 or 20% discount on insurance premiums:
2. Activity 330 -Outreach Projects: Development of a Comprehensive Program for Public
Information (PPI).
The CRS encourages communities to think "outside the box" and to leverage other partners and
stakeholders in getting flood protection messages out to the public. The PPI is the only way many
communities can regain points that are lost under the 300 Series of Activities. The benefit of
completing a PPI is that a community gets to direct its own outreach messages and dissemination
methods (what works best for your community). Additionally, there is a 40% multiplier attached to
Activity 330 credits and additional credits in other activities in the CRS Program.
The development of a PPI would require that a committee be formed which must include outside
stakeholders not attached to local government. but must also include at a minimum, those persons
responsible for floodplain management in the City and the office responsible for public information
(PIO) if that exists. Half of the membership of this committee must be from outside of the community,
either citizens or stakeholders.
A minimum of two committee meetings must be held to work through the planning process. The
process will assess the community's public information needs by identifying target areas of a
community to concentrate messages on such as repetitive loss areas, floodplain areas or the entire
community. It is also important to identify target audiences such as bi -lingual populations, elderly,
disadvantaged, etc. The messages must be formulated to meet the target areas and audiences.
Identification of specific outreach projects to convey those messages and to examine other outreach
and public information initiatives such as enhancements to the City's website among other CRS
activities would also be factored into the process.
3. Activity 510 -Floodplain Management Planning: Development of a Repetitive Loss Area
Analysis (RLAA) which includes a study and evaluation of the events leading to flooding
of its repetitive loss properties.
The City should consider implementing a Repetitive Loss Area Analysis (RLAA) under activity 510 since
the credit for this element has increased from 50 points under the 2007 CRS Schedule to 140 points
under the 2013 CRS Schedule. Since the City has a manageable number of repetitive loss properties
(eight properties) as shown below, this could bring additional CRS credits and push the City closer to
a Classification 6 or better.
The objective is to look at these eight properties and any nearby or adjacent properties which may
have the same or similar flood condition along with any "historical" properties -those with only one
current flood insurance claim. The historical properties are important as they may become a
community's next repetitive loss properties.
Proposal: Community Rating System Program Assistance
Amec Foster Wheeler I City of South Miami, Florida
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Additionally, developing a RLAA may become a requirement in the upcoming 2020 CRS
Coordinator's Manual. If South Miami prepares a RLAA, the City will be ahead of the rest of the
country when this becomes a requirement.
4. Prepare for the Modification Visit including development of documentation to support
credit for each CRS Activity and develop a verification manual (Achieve maximum
number of credit pOints in each CRS activity).
Amec Foster Wheeler will assist City departments in the preparation of documentation to support
credit for each CRS activity. This includes working with the CRS Coordinator and various department
representatives. Cooperation will be required from each department that is providing supporting
documentation. Amec Foster Wheeler will prepare a verification manual "electronic file" organized by
CRS activity which provides every piece of documentation required to support credit. such as
community statements, forms, pages from regulations, maps, etc. Amec Foster Wheeler will mark up
the documentation to show the element of credit that is being applied and provide the appropriate
acronym in the margin as required by ISO.
During the Verification Visit. Amec Foster Wheeler will be engaged and will speak up if/when the
ISO/CRS Specialist requires something that is not explicitly spelled out in the documentation
requirements or the Manual. Additionally, Amec Foster Wheeler will answer any questions in support
of documentation, procedures or calculations on behalf of South Miami.
Amec Foster Wheeler will provide modification visit guidance in the following areas (even those credits
already verified by ISO) so that we look comprehensively at all of the City's potential credits under the
CRS Program. Amec Foster Wheeler will perform all functions listed under the preparation for a
modification visit and will take the lead in those activities from a programmatic standpoint. It will be
necessary for the City of South Miami to provide some documentation and resources to support the
effort. Amec Foster Wheeler will ensure that the CRS Coordinator is involved in all functions of the
project. Additionally, Amec Foster Wheeler will prepare all GIS-related and impact adjustment
mapping to support the various CRS activities.
In addition to attending the Modification/Verification Visit, Amec Foster Wheeler will help prepare any
follow-up documentation required in response to the ISO 3D-Day Letter. We understand the potential
Proposal: Community Rating System Program Assistance
Amec Foster Wheeler I City of South Miami, Florida
missing documentation that may result from the Modification or Verification Visits and can help to
quickly assemble it for submittal to ISO.
Completion of Project -Timetable
Kickoff Meeting
330 PPI
510 RLAA
CRS Activity Evaluation
Modification/Verification
Visit
Note: Project to be completed by September 30, 2017. Date of Modification/Verification Visit is
dependent on ISO/CRS Specialist Schedule
Project Price
Amec Foster Wheeler will assist the City of South Miami to help lower its CRS Classification from 7 to
6 for a lump.sum cost of $14,nS.OO. This price includes evaluating all activities for additional CRS
credits, development of a Program for Public Information (PPI) under CRS Activity 330 and for
development of Repetitive Loss Area Analysis (RLAA) under Activity 510 .
. Closing
Amec Foster Wheeler looks forward to further discussion regarding our approach to the four
identified items outlined in the Scope of Work along with the project schedule and/or price.
Proposal: Community Rating System Program Assistance
Amec Foster Wheeler I City of South Miami, Florida
ATTACHMENT B
INSURANCE & INDEMNIFICATION REQUIREMENTS
PROFESSIONAL SERVICE AGREEMENT
Community Rating System Program Services
RFQ #PL20 16-23
1.0 I Insurance
A. Without limiting its liability, the contractor, consultant or consulting firm
(hereinafter referred to as "FIRM" with regard to Insurance and Indemnification
requirements) shall be required to procure and maintain at its own expense during the life
of the Contract, insurance of the types and in the minimum amounts stated below as will
protect the FIRM, from claims which may arise out of or result from the contract or the
performance of the contract with the City of South Miami, whether such claim is against the
FIRM or any sub-contractor, or by anyone directly or indirectly employed by any of them or
by anyone for whose acts any of them may be liable.
B. No insurance required by the CITY shall be issued or written by a surplus lines
carrier unless authorized in writing by the CITY and such authorization shall be at the
CITY's sole and absolute discretion. The FIRM shall purchase insurance from and shall
maintain the insurance with a company or companies lawfully authorized to sell insurance in
the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a
minimum, from all claims as set forth below which may arise out of or result from the
FIRM's operations under the Contract and for which the FIRM may be legally liable, whether
such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly
employed by any of them, or by anyone for whose acts any of them may be liable: (a)
claims under workers' compensation, disability benefit and other similar employee benefit
acts which are applicable to the Work to be performed; (b) claims for damages because of
bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims
for damages because of bodily injury, sickness or disease, or death of any person other than
the FIRM's employees; (d) claims for damages insured by usual personal injury liability
coverage; (e) claims for damages, other than to the Work itself, because of injury to or
destruction of tangible property, including loss of use resulting there from; (f) claims for
damages because of bodily injury, death of a person or property damage arising out of
ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property
damage arising out of completed operations; and (h) claims involving contractual liability
insurance applicable to the FIRM's obligations under the Contract.
1.02 Firm's 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.
Thomas F. Pepe
10113/2016
59
In addition, the policies must include: Employers' Liability at the statutory coverage
amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate levels
of Worker's Compensation Insurance.
1.04 Commercial Comprehensive General Liability insurance with broad form endorsement,
as well as automobile liability, completed operations and products liability, contractual liability,
severability of interest with cross liability provision, and personal injury and property damage
liability with limits of $1 ,000,000 combined single limit per occurrence and $2,000,000
aggregate, including:
• Personal Injury: $1,000,000;
• Medical Insurance: $5,000 per person;
• Property Damage: $500,000 each occurrence;
1.05 Umbrella Commercial Comprehensive General Liability insurance shall be written on a
Florida approved form with the same coverage as the primary insurance policy but in the
amount of $1 ,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded
on a form no more restrictive than the latest edition of the Comprehensive General Liability
policy, without restrictive endorsements, as filed by the Insurance Services Office, and must
include:
(a) Premises and Operation
(b) Independent Contractors
(c) Products and/or Completed Operations Hazard
(d) Explosion, Collapse and Underground Hazard Coverage
(e) Broad Form Property Damage
(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 for.m 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 required by of the Firm,
other than the Fire and Extended Coverage Insurance and substituting the word Subcontractor
for ~he word FIRM and substituting the word FIRM for CITY where applicable.
1.08 Fire and Extended Coverage Insurance (Builders' Risk). IF APPLICABLE:
A. In the event that this contract involves the construction of a structure, the FIRM
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
Thomas F. Pepe
1011 3/20 16
60
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 Firm, as their interest may appear, and shall also cover the
interests of all Subcontractors performing Work.
B. All of the provisions set forth in Miscellaneous section herein below shall apply
to this coverage unless it would be clearly not applicable.
1.09 Miscellaneous:
A. If any notice of cancellation of insurance or change in coverage is issued by the
insurance company or should any insurance have an expiration date that will occur during
the period of this contract, the FIRM shall be responsible for securing other acceptable
insurance prior to such cancellation, change, or expiration so as to provide continuous
coverage as specified in this section and so as to maintain coverage during the life of this
Contract.
B. All deductibles must be declared by the FIRM and must be approved by the CITY. At
the option of the CITY, either the FIRM shall eliminate or reduce such deductible or the
FIRM shall procure a Bond, in a form satisfactory to the CITY covering the same.
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 FIRM'S duty to indemnify the City as provided in
this Agreement.
D. Before starting the Work, the FIRM shall deliver to the CITY 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 A.VII or better per A.M. Best's Key
Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All
insurance poliCies must be written on forms .approved by the State of Florida and they must
remain in full force and effect for the duration of the contract period with the CITY. The
FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of
the Policy (as defined in Article I of this document) which shall include the declaration page
and all required endorsements. In addition, the FIRM shall deliver, at the time of delivery of
the insurance certificate, the following endorsements:
a. 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";
b. a policy provision or an endorsement with substantially similar provisions as
follows:
Thomas F. Pepe
10113/2016
61
"This policy shall not.be cancelled (including cancellation for non-payment of
premium), terminated or materially modified without first giving the City of
South Miami ten (10) days advanced written notice of the intent to materially
modify the policy or to cancel or terminate the policy for any reason. The
notification shall be delivered to the City by certified mail, with proof of delivery
to the City."
E. If the FIRM is providing profeSSional services, such as would be provided by an
architect, engineer, attorney, or accountant, to name a few, then in such event and in
addition to the above requirements, the FIRM shall also provide Professional Liability
Insurance on a Florida approved form in the amount of $1 ,000,000 with deductible per
claim if any, not to exceed 5% of the limit of liability providing for all sums which the
FIRM shall become legally obligated to pay as damages for claims arising out of the
services or work performed by the FIRM its agents, representatives, Sub Contractors
or assigns, or by any person employed or retained by him in connection with this
Agreement. This insurance shall be maintained for four years after completion of the
construction and acceptance of any Project covered by this Agreement. However, the
FIRM may purchase Specific Project Professional Liability Insurance, in the amount and
under the terms specified above, which is also acceptable. No insurance shall be issued
by a surplus lines carrier unless authorized in writing by the city at the city's sole,
absolute and unfettered discretion.
Indemnification Requirement
A. The Firm 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 Firm or anyone acting through or on behalf of the Firm.
B. The Firm shall indemnify, defend, save and hold CITY" its officers, affiliates,
employees, successo'rs 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
Firm, 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 Firm's 'obligations under this AGREEMENT.
C. The Firm 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 Firm, its Sub-Contractor or any of their agents,
representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement,
Thomas F. Pepe
·1 0/13/20 16
62
or incident to or resulting from the performance or non-performance of the Firm's
obligations under this AGR.EEMENT.
D. The Firm 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 Firm, 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 Firm, CITY in
no way assumes or shares responsibility or liability for the acts or omissions of the
Firm, its contractor/subcontractor or any of their agents, representatives, employees, or
assigns, or anyone acting through C?r on behalf of them.
E. The Firm 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
subpar~raph 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.
Thomas F. Pepe
10/13/2016
THIS IS INCLUDED IN THE GENERAL CONDITIONS
END OF SECTION
63
12121/2016 Detail by Entity Name
Department 01 Stale I Division 01 Corporations I Search RecordS I Detail By Documenl Number I
Detail by Entity Name
Foreign Profit Corporation
AMEC FOSTER WHEELER ENVIRONMENT & INFRASTRUCTURE, INC.
Filing Information
Document Number
FEIIEIN Number
Date Filed
State
Status
Last Event
Event Date Filed
Event Effective Date
Principal Address
F00000004389
91-1641772
08/03/2000
NV
ACTIVE
NAME CHANGE AMENDMENT
01/07/2015
NONE
1105 LAKEWOOD PARKWAY
SUITE 300
ALPHARETTA, GA 30009
Changed: 12/21/2011
Mailing Address
2020 WINSTON PARK DRIVE
SUITE 700
OAKVILLE, ON L6H6X-7 CA
Changed: 10/01/2010
Registered Agent Name & Address
C T CORPORATION SYSTEM
1200 SOUTH PINE ISLAND ROAD
PLANTATION, FL 33324
OfficerlPirector Detail
Name & Address
Title SA
SEMPLE, HERBERT A
511 Congress Street
Portland, ME 04101
TitleSVP
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12121/2016
IV,£ tl,£UI , -1'\1"'''UnL o..Cr-yr\1
03/29/2011 •• ANNUAL REPORT
10/01/2010 -ANNUAL REPORT
03/30/2010 -ANNUAL REPORT
04/0312009 -ANNUAL REPORT
04/04/2008 •. ANNUAL REPORT
04/1212007 •• ANNUAL REPORT
04/07/2006 •• ANNUAL REPORT
04/04/2005 -ANNUAL REPORT
0210612004 ANNUAL REPORT
0312112003 -ANNUAL REPORT
02111/2002" ANNUAL REPORT
0710512001 •• ANNUAL REPORT
09/19/2000 -Name Change
08/03/2000 •• Foreign Profit
Detail by Entity Name
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2016 FOREIGN PROFIT CORPORATION AMENDED ANNUAL REPORT
DOCUMENT# F00000004389
FILED
Oct 06, 2016
Secretary of State
CC0424781261
Entity Name: AMEC FOSTER WHEELER ENVIRONMENT &
INFRASTRUCTURE, INC.
Current Principal Place of Business:
1105 LAKEWOOD PARKWAY
SUITE 300
ALPHARETTA, GA 30009
Current Mailing Address:
2020 WINSTON PARK DRIVE
SUITE 700
OAKVILLE, ON L6H6X-7 CA
FEI Number: 91·1641772
Name and Address ~f Current Registered Agent:
C T CORPORATION SYSTEM
1200 SOUTH PINE ISLAND ROAD
PLANTATION, FL 33324 US
Certificate of Status Desired: No
The above named entity submits this statement for the purpose of changing its registered office or registered agent. or both. in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent Date
Officer/Director Detail :
TiUe SA Title SVP
Name SEMPLE. HERBERT A Name TROUTT. LYTLE CJR.
Address 511 CONGRESS STREET Address 3800 EZELL RD., SUITE 100
City-S~te-Zlp: PORTLAND ME 04101 City-State-Zip: NASHVILLE TN 37211
Title ACS Title TREASURER
Name GERRISH, GREGORY R Name SHERRILL, KENDALL H
Address 2020 WINSTON PARK DRIVE, SUiTE Address 1105 LAKEWOOD PARKWAY, SUITE
700 300
City-Slate-Zip: OAKVILLE ON L6H 6-X7 City·State-Zip: ALPHARETTA GA 30009
TiUe PRESiDENT, DiRE~TOR Title SECRETARY
Name . MASSEY, ANN E Name KNIGHT, BRADLEY J
Address 1105 LAKEWOOD PARKWAY Address 1105 LAKEWOOD PARKWAY
SUITE 300 SUITE 300
Clty-State-Zip: ALPHARETTA GA 30009 City-State..Zip: ALPHARETTA GA 30009
I heIBby certlfy that the inlOTI7IaliDn Indlcaled on Ihis t8pon or supplemenlel ,;,port Is /IUS Bnd accurale and Ihal my e/ec/tonlo slgnarur& Shall haWl /he same legal ell8c, as If mada I/tItIIJI
oarh; Iha' I am an oIIicer or dltBclor orllle corporation or lhe _"", or IruBlee empower&d to execute this t8pOlf BS t8quirBd by Chapter 607. Florida Stetutes; and Ihat my name apP8alll
aboVe, or on an Bltar:hmsntwllh all o/t.erlike ·empowered.
SIGNATURE: GREGORY R. GERRISH
Electronic Signature of Signing Officer/Director Detail
ASST. CORP.
SECRETARY
101.06/2016
Date
CITY OF SOUTH MIAMI
COURTESY NOTICE
I NEIGHBORS
NOTlt'E IS HEREBY give. thallh. Cily Cummission or lb. Cily of SOUlb Mia,.i. Flurid. will cOlldurl
Publk He.rin~r,) 31 iu le~lor City Cwnmi"icm mccling ,ch.duled rUI Tue,day. April 18. 2017. beginning
01 R:OO p.m .• i. Ih. Cily Commi"in. Chnmh.,." 61311 SU"'I Dri".. ID<nn,ide< lbefollD"ing ilemrs):
(
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u,grecmcnt with AMEC FOSler Wheeler for (:on!l1Jhing ~crvicc~ to bnllrnVe Ibe Citr·,; !ie(\rc in the
CommnDicy Rating System (CRS) proJ!llllll
Al' Ordin.Dce .ulhoriling Ihe C~y, Manager In .x«ul. • Thin! Atn.ndmenl 10 Ihe le.se
agreement wilh Miami-Ilt&de County for the use Ilf lhe City Dr S(tUlh Miami huilding InCtlled :u
M21 SW 6ftlh SIn:c:l,
An Ordinance rclnt1118, 10 Ih: fcc schccl111c: amc.ruling Ordinant:c 02-.7-2212 10 renlO\'C
an apI,lkobl. City building ptTm'l foe., rclating 10 Ih< illSll,lI.tinn or .01Ul ",mel, from lb.
"SCHlIDl1LE "fFllES .. 1d FINES,"
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All. inter('~letl Jlilrtie~ nre invited In 8nend and will hI." heam.
Ft.,. r urthe, inr"rm.ti,.,. I'lca .. o"nlllcl Ihc ('ily ("Jelt·. om« .1: 3U5'('('3·~3411.
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I SUNDAY APRil 9 2011
MIAMIHERALD.COM
NOTICE BY THE CITY OF SOUTH MIAMI
OF INTENT TO USE
THE UNIFORM AD VALOREM METHOD
OF COLLECTION OF A NON-AD
VALOREM ASSESSMENT
Notice Is hereby given to all owners of lands located within the boundaries
of the City of South Miami that the City of South Miami intends to use the
uniform ad valorem method for collecting the Stormwater non-ad valorem
assessments levied ~y the City of South Miami as set forth In Section
197.3632. Florida Statutes. and that the City Commission will hold a public
hearing on Tuesday, May 2, 2017, at 7:00, p.m. at the 6130 Sunset Drive.
Commission Chambers. The purpose of the public hearing is to consider
the adoption of a Resolution authorizing the City of South Miami to use the
uniform ad valorem method of collecting the Stormwater non-ad valorem
assessments levied by the City of South Miami as provided in Section
197.3632. Florida Statutes. The City of South Miami is considering adopting
a non-ad valorem assessment for 2018. for the purpose 01 collecting the
Stormwater User Fees. This non-ad valorem assessment is levied for the
first time which was previously charged in the utility bill.
OrthQ,d~rtt.l~ Op.tiOriS~
, B.~fott' iMh:~U;""
MIAMI DAILY BUSINESS REVIEW
Pubfished Daily excepl Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
MARIA MESA, who on oath says that he or she is the LEGAL
CLERK, Legal Notices of the Miami Daily Business Review
flkla' Miami Review, a daily (except Saturday, Sunday and
Legal Holidays) newspaper, published at Miami in' Miami -Dade
County, Florida; that the altached copy of· advertisement,
being a Legal Advertisement of Notice in the malter of
NOTICE OF PUBLIC HEARING'
CITY OF SOUTH MIAMI-APR. 18,2017
in the XXXX Court,
was published in said newspaper in the issues of
04/07/2017
Affiant funher says that the said Miami Daily Business
Review is a newspaper published at Miami, in said
Miami-Dade County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade
County, Florida each day (except Saturday, Sunday and
Legal Holidays) and has ~een entered as second dass mail
matter at the post office in Miami in said Miami-Dade County,
Florida, for. a 'period of one year next preceding the first
publication of the attached copy of advertisement; and affiant
further says thai he or she has neilher paid nor promised any
pers,on, firm or corporation any discount, rebate, commission
or refund for of securing this advertisement for
public' In the s '
(SEAP
MARIA MESA personally known to me
CITY OF SOUTH MIA"'I.
NOTICE .OF PUBLI~ .HEARING
NOTICE IS HEREBY given that the City Commission of the City of So~1h Miami,
'Aorida will conduct Public Hearing(s) at its regular Gity Cpmmisslon meeting
scheduled for Tuesday, April 18,2017, beginning at .8:00 p_m., In the City '( ;s;;:;,;:;-;;:,;:~=\
, services to .improve tl)9 City's .. score in the Community Rating System )
(CRS) program. : , .' .' .' . ,
, An Ordinance' authorizing ,he City Manager to exe~ute a Third Amendment. I to the lease ag!eement with Miaini-D~deJ;ou..,~ ~orthe: use of the .CitY of
South Miami building located at 6121SW68th Street. . .
An Ordinance relating to the fee schedule; amending .Ordinance 02-17-2272 to
remove. all applicable City building permit fees relating, to the installation of
solar panels from the ~SCHEDULE'of FEES and FINES.' ' "
"
. An Ordinance amending the City of South Miami Code of Ordinances,
Chapter 11: Sections 11-4 and 11-22 to add and amend definitions and to
revise the requirements for trash collection. ' .
. ALL interested parties are invited to attend and will be heard.
For ful"ther information,. please contact .the City Clerik's .Offlce at:
305-663-6340. .' '
Mana M. Menendez, CMC
City Clerk .
:Pursuant to Florida Statutes 286.01 OS, t~e City hereby· advises the public
'that If a' pers!,n decides to appeal any decision made by this Board,
Agency or Commission with respect to any matter considered, at its
meeting or hearing, he or she will need a record 'Of the proceedings,' and
that for such purpose, affected person may need to' ensure that a. verbati!ll
record of the proceedings Is made which record includes the testimony
and evidence upon which the appeal is to be based_
4fi' 17-45/0000214226M