MAAFA ENGINEERING CORPsoon
CITY OF SOUTH MIAMI
South Miami
INVITATION IQ QUOTE
L_
lam"31013 Ida
of material for darinage area)
LUMP SUM UOTE
10 Do (A)
Sylva Martin Drainage Improvements
SUBMITTED TO:
City Clerk
PROJECT:
Sylva Martin Drainage Improvements
NAME:
Maria Menendez, CMC
ADDRESS:
6130 Sunset Dr
ADDRESS:
6130 Sunset Drive
CITY/STATE:
South Miami, FL 33143
CITY/STATE:
Miami, Florida 33143
DATE:
March 18, 2013
PHONE:
305-663-6339
5
E-MAIL:
skulick sour�hmiamlfl.ov
MANDATORY PRE-QUOTE MEETING:
Thursday, March 21, 2013, at 10 AM
DUE DATE:
Tuesday, March 26, 2013 at 10 AM
QUOTE SUBMISSION REQUIREMENTS:
All bidders must attend Mandatory Pre quote Meeting (If Applicable) to submit a quote. Quotes submitted
after 3:00 PM on the due date will not be accepted unless otherwise specified in the quote document of a
time change. All quotes will be submitted to the City Clerks Office in a sealed envelope. The label on the
envelope needs to read as follows:
City of South Miami
Maria M. Menendez, CIVIC
6130 Sunset Drive
South Miami, Fl. 33143
Project Name:
Must input project name. If label does not have all information above your quote will not be accepted.
1) INSURANCE REQUIREMENTS -.
The City's insurance requirements are attached (EXHIBIT #1). As a condition of award, the awarded vendor must provide a
certificate of insurance naming the city as additional insured.
2) Affidavits and Forms to BE COMPLETED BY BIDDER: (EXHIBIT #2)
Item I Item Description
2
Clearing and Grubbing (including asph and conc. Demo, disposal
of material for darinage area)
10 Do (A)
3
Yard Drain (inlet and/or drain basin, incl. grates, aprons fittings
connections and installation
4
Core drill and connect to existing catch basin
5
Pipe culvert 4" Dia. (HDPE)(F&I)
6
Pipe Culvert 6" Dia. (HDPE)(F&I)
(03 t10
7
Asphalt pvmt restoration and replacement of pavmt marking
8
Foundation Drain 12" (Incl. excavation, fitting, rock, filter fabric
T..te';tile and connections)
la
9
Furnish and install commercial F-style rain gutter w/ downspouts
10
Saw cut and reconstruct sidewalk as per plan
10
11
New sodding and hedge as needed (match existing)
1
12
Overhead and Profit
�6 plot
13
Performance and oavment bond
Exhibit # I
Insurance and Indemnification
I. Insurance and Indemnification
Without limiting its liability, the proposing firm 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 proposing firm, from
claims which may arise out of or result from the proposing firm's execution of a
contract with the City of South Miami for Performance Based Audits, whether such
execution by the firm or by any sub - consultant, or by anyone directly or indirectly
employed by any of them or by anyone for whose acts any of them may be liable.
The CONTRACTOR/COMPANY shall not commence WORK on this Agreement
until he has obtained all insurance required by the City. The
CONTRACTOR/COMPANY shall indemnify and save the City harmless from any and
all damages, claims, liability, losses and causes of actions of any kind or nature arising out
of a negligent error, omission, or act of the CONTRACTOR/COMPANY, its agents,
representatives, employees, Sub - Contractor, or assigns, incident to arising out of or
resulting from the performance of the CONTRACTOR/COMPANY'S professional
services under this Agreement. The CONTRACTOR/COMPANY shall pay all claims
and losses of any kind or nature whatsoever, in connection therewith, including the
City's attorney's fees and expenses in the defense of any action in law or equity brought
against the City arising from the negligent error, omission, or act of the
CONTRACTOR/COMPANY, its agents, representatives, employees, Sub - Contractor,
or assigns, incident to, arising out of or resulting from the performance of the
CONTRACTOR/COMPANY'S professional services under this Agreement..
The CONTRACTOR/COMPANY agrees and recognizes that the City shall not be held
liable or responsible for any claims, including the costs and expenses of defending such
claims which may result from or arise out of actions or omissions of the
CONTRACTOR/COMPANY, its agents, representatives, employees, Sub - Contractors,
sub - contractors, or assigns. In reviewing, approving or rejecting any submissions or acts
of the CONTRACTOR/COMPANY, the City in no way assumes or shares
responsibility or liability of the CONTRACTOR/COMPANYS, Sub - Contractors, their
agents or assigns.
The CONTRACTOR/COMPANY shall maintain during the term of this
Agreement the following insurance:
A. 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 CONTRACTOR/COMPANY shall become legally
obligated to pay as damages for claims arising out of the services or work
performed by the CONTRACTOR/COMPANY its agents, representatives, Sub-
Insurance and Indemnification July 25, 2012
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 CONTRACTOR/COMPANY may purchase Specific
Project Professional Liability Insurance, in the amount and under the terms specified
above, which is also acceptable.
B. Comprehensive general liability insurance with broad form endorsement, on a
Florida approved form including 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 $25,000 per person;
• Property Damage: $500,000 each occurrence;
• Automobile Liability: $1,000,000 each accident/occurrence,
C. Umbrella Commercial General Liability insurance on a Florida approved form with
the same coverage as the primary insurance policy but in the amount of $1,000,000
per claim.
The City must be named as additional "named" insured for all except Workers'
Compensation, and reflect the indemnification and hold harmless provision
contained herein. Policy must specify whether it is primary or excess /umbrella
coverage. City must receive 10 days advance written notice of any policy
modification and 30 days advance written notice of cancellation, including
cancellation for non - payment of premiums. All insurance must remain in full
force and effect for the duration of the contract period with the City. The
CONTRACTOR/COMPANY must provide not only a "certified copy" of the
Binder but also the Policy itself with the name, address and phone number of
the agent and agency procuring the insurance.
D. Workman's Compensation Insurance in compliance with Chapter 440, Florida
Statutes, as presently written or hereafter amended.
E. The policies shall contain waiver of subrogation against City where applicable, shall
expressly provide that such policy or policies are primary over any other collective
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.
Insurance and Indemnification July 25, 2012
F. All of the above insurance required to be provided by the
CONTRACTOR/COMPANY is to be placed with BEST rated A -8 (A -VIII) or
better insurance companies, qualified to do business under the laws of the State of
Florida on approved Florida forms.
The CONTRACTOR/COMPANY shall furnish certified copies of all "Binders" or
certificates of insurance to the City prior to the commencement of operations,
which "Binders" or certificates shall clearly indicate that the
CONTRACTOR/COMPANY has obtained insurance in the type, amount, and
classification as required for strict compliance with this Section and that no
reduction in limits by endorsement during the policy term, or cancellation of this
insurance shall be effective without thirty (30) days prior written notice to the
CITY.
Compliance with the foregoing requirements shall not relieve the
CONTRACTOR/COMPANY of his liability and obligations under this Section or
under any other portion of this Agreement.
CONTRACTOR/COMPANY agrees to supply copies of certificates of insurance
to the City verifying the above - mentioned insurance coverage.
CONTRACTOR/COMPANY agrees to list City as an Additional Insured of the
CONTRACTOR/COMPANY 9s General liability insurance and shall provide the
City quarterly reports concerning any and all claims.
Insurance and Indemnification July 25, 2012
REFERENCES
The following is a list of at least four (4) references that Proposer has provided similar service in the past
ten (10) years. Government agency references are D preferred,
,Q,�,
1. Name of Firm, City, County or Agency: r"`t (iM( b `�,yk
Tc
Contact:
Location:
Title:
Telephone :( )
Scope of Work: Va -c tic Otr- .Q oam
an pnpa( as �' VgQr k Qrc4Cr �v 1460 D®
2. Name of Firm, City, County or Agency:
Address:
Contact:
Location: UQ X64A Park.
00 6AQ5
0 QGC N
Title: Telephone:( 1
Scope of Work: lyv "
3. Name of Firm, City, County or Agency:
M
Contact:
Title:
Telephone:( )
Location: Scope of Work:
4. Name of Firm, City, County or Agency:
Address:
Contact: Title: Telephone :( )
Location: Scope of Wo
NOTE: Additional references may be attached and provided.
EXHIBIT 2
AFFIDAVITS AND FORMS
SUBMISSION REQUIREMENTS
I. Respondent's Sworn Statement Under Section 287.133(3)(A), Florida Statutes, on
Attachment #1 "Public Entity Crimes and Conflicts of Interest Affidavit,"
shall be completed and provided with the proposal submittal.
2. Neither the individual(s) /firm, nor any of his /her /its employees shall be permitted
to represent any client before the Commission or any Committee, department or
agency of the City, and shall agree not to undertake any other private
representation which might create a conflict of interest with the City. The
individual(s) /firm may not represent any Commission member, individually, or, any
member of their family or any business in which the Commission member of their
family has an interest.
3. All proposals received will be considered public records. The City will consider all
quotations using such criteria as the Commission or City Manager may adopt at
either of their sole discretion. The individual(s) /firm selected will be required to
enter into a formal agreement with the City in a form satisfactory to the City, prior
to the execution of which the City shall reserve all rights, including the right to
change its selection.
4. Respondent's Attachment #2 "Drug Free Workplace" form shall be
completed and provided with the proposal submittal.
S. Respondent's Attachment #3 "No Conflict of Interest/Non Collusion
Affidavit," shall be completed and provided with the proposal submittal.
6. Respondent's Attachment #4 "Acknowledgement and Conformance with
OSHA Standards," shall be completed and provided with the proposal submittal.
7. Respondent's Attachment #S "Related Party Transaction Verification
Form" shall be completed and provided with the proposal submittal.
Page 1 of 10
ATTACHMENT #I PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST
Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes — "A
person or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a Bid on a Contract to provide any goods or services to a
public entity, may not submit a Bid on a Contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real property to a
public entity, may not be awarded to perform work as a Contractor, supplier, Subcontractor,
or Consultant under a Contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount Category Two of Section 287.017, Florida
Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list ".
The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State
Statutes. BIDDERS must disclose with their Bids, the name of any officer, director, partner,
associate or agent who is also an officer or employee of the City of South Miami or its agencies.
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM
MUST BE SIGNED
AND SWORN
TO
IN THE PRESENCE OF A NOTARY
PUBLIC
OR
OTHER OFFICIAL
AUTHORIZED
TO
ADMINISTER OATHS.
I. This sworn statement is submitted to
by
for
[print name of the public entity]
[print individual's name and title]
[print name of entity submitting sworn statement]
whose business address is
and (if applicable) its Federal Employer Identification Number (FEIN) is
(If the entity has no FEIN, include the Social Security Number of the individual signing this
sworn statement: .)
2. 1 understand that a "public entity crime" as defined in Paragraph 287.133 (1)(g), Florida
Statutes, means a violation of any state or federal law by a person with respect to and
directly related to the transaction of business with any public entity or with an agency
or political subdivision of any other state or of the United States, including, but not
limited to, any bid or contract for goods or services to be provided to any public entity
or an agency or political subdivision of any other state or of the United States and
involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
misrepresentation.
39 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1)(b),
Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or
Page 2 of 10
without an adjudication of guilt, in any federal or state trial court of record relating to
charges brought by indictment or information after July I, 1989, as a result of a jury
verdict, non -jury trial, or entry of a plea of guilty or nolo contender.
4. 1 understand that an "affiliate" as defined in Paragraph 287.133 (1)(a), Florida Statutes,
means.
(a) A predecessor or successor of a person convicted of a public entity crime; or
(b) An entity under the control of any natural person who is active in the
management of the entity and who has been convicted of a public entity crime. The
term "affiliate" includes those officers, directors, executives, partners, shareholders,
employees, members, and agents who are active in the management of an affiliate. The
ownership by one person of shares constituting a controlling interest in any person, or a
pooling of equipment or income among persons when not for fair market value under
an arm's length agreement, shall be a prima facie case that one person controls another
person. A person who knowingly enters into a joint venture with a person who has
been convicted of a public entity crime in Florida during the preceding 36 months shall
be considered an affiliate.
59 1 understand that a "person" as defined in Paragraph 287.133 (1)(e), Florida Statutes,
means any natural person or entity organized under the laws of any state or of the
United States with the legal power to enter into a binding contract and which bids or
applies to bid on contracts for the provision of goods or services led by a public entity,
or which otherwise transacts or applies to transact business with a public entity. The
term "person" includes those officers, directors, executives, partners, shareholders,
employees, members, and agents who are active in management of an entity.
6. Based on information and belief, the statement which I have marked below is true in
relation to the entity submitting this sworn statement. [Indicate which statement
applies.]
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, 19890
The entity submitting this sworn statement, or one or more of its officers,
directors, executives, partners, shareholders, employees, members, or agents who are
active in the management of the entity, or an affiliate of the entity has been charged with
and convicted of a public entity crime subsequent to July I, 19890
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.]
Page 3 of 10
Continuation of Attachment #2 Public Entity Crimes and Conflicts
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING
OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS
FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID THROUGH
DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND
THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A
CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION
287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE
INFORMATION CONTAINED IN THIS FORM.
Sworn to and subscribed before me this
Personally known or
Produced identification
[signature]
day of , 20
Notary Public — State of
My commission expires
(Type of identification)
(Printed, typed or stamped commissioned name of notary public)
Form PUR 7068 (Rev.06/ 11 /92)
Page 4 of 10
ATTACHMENT #2 "DRUG FREE WORKPLACE"
Whenever two or more Bids which are equal with respect to price, quality and service are
received by the State or by any political subdivisions for the procurement of commodities or
contractual services, a Bid received from a business that certifies that it has implemented a
drug -free workplace program shall be given preference in the award process. Established
procedures for processing tie Bids will be followed if none of the tied vendors have a drug -free
workplace program. In order to have a drug -free workplace program, a business shall:
I. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business'
policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation,
and employee assistance programs, and the penalties that may be imposed upon
employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that
are under Bid a copy of the statement specified in Subsection (1).
4. In the statement specified in Subsection (1), notify the employees, that, as a condition of
working on the commodities or contractual services that are under Bid, the employee
will abide by the terms of the statement and will notify the employer of any conviction
of, or plea of guilty or nolo contender to, any violation of Chapter 893 or of any
controlled substance law of the United States or any state, for a violation occurring in
the workplace no later than five (5) days after such conviction.
S. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program, if such is available in the employee's community, by any
employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug -free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements. '0 �
PROPOSER's
Signature:
Print Name:
�V�
r
Date: Lq�dL 23 I 20 13
Page 5 of 10
ATTACHMENT #3 "NO CONFLICT OF INTEREST /NON COLLUSION AFFIDAVIT"
Submitted this Qlk day of "OLfAL
20
The undersigned, as Bidder /Proposer, declares that the only persons interested in this RFP are named
herein; that no other person has any interest in this RFP or in the Contract to which this RFP pertains;
that this response is made without connection or arrangement with any other person; and that this
response is in every respect fair and made in good faith, without collusion or fraud.
The Bidder /Proposer agrees if this response /submission is accepted, to execute an appropriate CITY
document for the purpose of establishing a formal contractual relationship between the Bidder /Proposer
and the CITY, for the performance of all requirements to which the response/submission pertains.
The Bidder /Proposer states that this response is based upon the documents identified by the following
number: Bid /RFP
The full -names and residences of persons and firms interested in the foregoing bid /proposal, as
principals, are as follows:
Name
Street
Address
City
State
Zip
The Bidder /Proposer further certifies that this response/submission complies with section 4(c) of the
Charter of the City of Miami, Florida, that, to the best of its knowledge and belief, no Commissioner,
Mayor, or other officer or employee of the CITY has an interest directly or indirectly in the profits or
emoluments of the Contract, job, work or service to which thq��nse /submission pertains.
Signature: 4� �'
i
Printed Name: 64.
Title: C�425,t& ydd °
Telephone: (I(aG) 42-(o �09
Company Name Qaa I( RO- t Ulp eyuxcJ� �8 '
Continuation of Attachment #3No Conflict of inter /Non - Collusion Certification
Page 6 of 10
NOTARY PUBLIC:
STATE OF
COUNTY OF
The foregoi g instrument was acknowledged b9fore me
20 i) by
person whose signature is being notarized) who is
SEAL
Of
(name of
Personally known to me, or
Personal identification:
Type of Identification Produced
(Waame of Notary Public: Print, Stamp
or type as commissioned.)
FAILURE TO COMPLETE. SIGN. & RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE
Page 7 of 10
i'V Pi%'' ; RENE LEONCIO
MY COMMISSION 0 EE 059623
4
'�
o Bonded Thru NotEary Publl�c Underxriters
Of
(name of
Personally known to me, or
Personal identification:
Type of Identification Produced
(Waame of Notary Public: Print, Stamp
or type as commissioned.)
FAILURE TO COMPLETE. SIGN. & RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE
Page 7 of 10
ATTACHMENT #4 "ACKNOWLEDGEMENT AND CONFORMANCE WITH OSHA
STANDARDS"
TO THE CITY OF SOUTH MIAMI
We, , (Name of Contractor), hereby acknowledge and agree that
as Contractors for the Janitorial Services RFP, as specified have the sole responsibility for compliance
with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and
local safety and health regulations, and agree to indemnify and hold harmless the City of South Miami
against any and all liability, claims, damages, losses and expenses they may incur due to the failure of
(subcontractor's names):
to comply with such act or regulation.
CONTRACTOR
Out j IVlQavie Gap
Witness
BY:
Na
1 u
Title
FAILURE TO COMPLETE. SIGN, & RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE
Page 8 of 10
ATTACHMENT #5 "RELATED PARTY TRANSACTION VERIFICATION FORM"
1
Q2
1 KU1�W �r��Atil , individually and on behalf of P�t� 1�Y ��G 6n�(Rj� irm ")
Name of Representative Company /Vendor /Entity
have read the City of South Miami ( "City ")'s Code of Ethics, Section 8A -I of the City's Code of Ordinances and I
hereby certify, under penalty of perjury that to the best of my knowledge, information and belief:
(1) neither I nor the Firm have any conflict of interest (as defined in section 8A -1) with regard to the
contract or business that 1, and/or the Firm, am(are) about to perform for, or to transact with, the
City, and
(2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest
greater than 5% in the Firm, has any relative(s), as defined in section 8A -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, 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 a
separate sheet to supply additional information that will not fit on this line but make reference to the
additional sheet which must be signed under oath).
(4) no elected and /or appointed official or employee of the City of Miami, or any of their
immediate family members (i.e., spouse, parents, children, brothers and sisters) has a financially
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 names:
(use a separate
sheet to supply additional information that will not fit on this line but make reference to the
additional sheet which must be signed under oath). The names of all City employees and that of all
elected and /or appointed city officials or board members, who own, directly or indirectly, an interest
of five percent (5 7o') or more of the total assets of capital stock in the firm are as follows:
(use a separate sheet to supply additional information that
will not fit on this line but make reference to the additional sheet which must be signed under
oath).
(5) 1 and the Firm further agree not to use or attempt to use any knowledge, property or
resource which may come to us through our position of trust, or through our performance of our
duties under the terms of the contract with the City, to secure a special privilege, benefit, or
exemption for ourselves, or others. We agree that we may not disclose or use information, not
available to members of the general public, for our personal gain or benefit or for the personal gain
or benefit of any other person or business entity, outside of the normal gain or benefit anticipated
through the performance of the contract.
(6) 1 and the Firm hereby acknowledge that we have not contracted or transacted any
business with the City or any person or agency acting for the City, and that we have not appeared
in representation of any third party before any board, commission or agency of the City within the
past two years other than as follows: use a separate sheet
to supply additional information that will not fit on this line but make reference to the additional
sheet which must be signed under oath). Neither I nor any employees, officers, or directors of the
Firm, nor any of their immediate family (i.e., as a spouse, son, daughter, parent, brother or sister) is
related by blood or marriage to: (i) any member of the City Commission; (ii) any city employee; or
(iii) any member of any board or agency of the City other than as follows:
(use a separate sheet to supply additional information that
will not fit on this line but make reference to the additional sheet which must be signed under
oath).
(7) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial
Page 9 of 10
interest greater than 5% in that Other Firm, nor any member of those persons' immediate family
(i.e., spouse, parents, children, brothers and sisters) nor any of my immediate family members
(hereinafter referred to as "Related Parties ") has responded to a solicitation by the City in
which 1 or the Firm that 1 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:
(use a separate sheet to supply additional information
that will not fit on this line but make reference to the additional sheet which must be signed under
oath).
(8) 1 and the Firm agree that we are obligated to supplement this Verification Form and inform the City
of any change in circumstances that would change our answers to this document. Specifically, after
the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this
Verification Form with the name of all Related Parties who have also responded to the same
solicitation and to disclose the relationship of those parties to me and the Firm.
(9) 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 hereinab a and that t ements made hereinabove are true and correct to the best of my
knowledge, informati n a d belief.
Signature:
Print Na & Ti le: _ #Q 110tt TO?W ` oz �
Date: 001
ATTACHED:
Sec. 8A -I - Conflict of interest and code of ethics ordinance.
Page 10 of 10
Municode Page 1 of 4
Sec. 8A46 - 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) Detlnitions. For the purposes of this section the following definitions shall be effective:
(1) The term "commission members" shall refer to the mayor and the members of the city commission.
(2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and
agencies, such as the city community redevelopment agency and the health facilities authority.
(3) The term "quas►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 jud►clal 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.
(6) The term "departmental personnel' shall refer to the city clerk, the city manager, department heads, the
city attorney, and all assistants to the city clerk, city manager and city attorney, however titled.
(6) The term "employees" shall refer to all other personnel employed by the city.
(7) The term 'compensation" shall refer to any money, gift, favor, thing of value or financial benefit
conferred, or to be conferred, In return for services rendered or to be rendered.
(8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of ten percent or
more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or
more in a firm, partnership, or other business entity at the time of transacting business with the city.
(9) The tern "immediate family" shall refer to the spouse, parents, children, brothers and sisters of the
person involved.
(10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or
services for consideration and to submitting a bid, a proposal in response to a RFP, a statement of
qualifications in response to a request by the city, or entering into contract negotiations for the provision
on any goods or services, whichever first occurs.
(c) Prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(1)
through (6) and in paragraph (b)(9) shall enter into any contract or transact any business in which that person
or a member of the immediate family has a financial Interest, direct or indirect with the city or any person or
agency acting for the city, and any such contract, agreement or business engagement entered in violation of
this subsection shall render the transaction voidable. Willful violation of this subsection shall constitute
malfeasance in office and shall effect forfeiture of office or position. Nothing in this subsection shall prohibit or
make illegal:
(1) The payment of taxes, special assessments or fees for services provided by the city government;
(2) The purchase of bonds, anticipation notes or other securities that may be Issued by the city through
underwriters or directly from time to time.
Waiverof prohibition. The requirements of this subsection may be waived for a particular transaction only by
four affirmative votes of the city commission after public hearing upon finding that:
(1) An open4o -all sealed competitive proposal has been submitted by a city person as defined in
paragraphs (bx2), (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.
Municode
Page 2 of 4
(d) Further prohibition on transacting business with the city. No person included in the terns defined in
paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business
through a firm, corporation, partnership or business entity in which that person or any member of the
immediate family has a controlling financial interest, direct or indirect, with the city or any person or agency
acting for the city, and any such contract, agreement or business engagement entered in violation of this
subsection shall render the transaction voidable. The remaining provisions of subsection (c) will also be
applicable to this subsection as though incorporated by recitation.
Additionally, no person included in the term defined in paragraph (b)(1) shall vote on or participate in any way In any
matter presented to the city commission if that person has any of the following relationships with any of the persons
or entities which would be or might be directly or indirectly affected by any action of the city commission:
(1) Officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or
(2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the
person defined In paragraph (b)(1) in a manner distinct from the manner in which it would affect the
public generally. Any person included in the term defined in paragraph (b)(1) who has any of the
specified relationships or who would or might, directly or indirectly, realize a profit by the action of the
city commission shall not vote on or participate in any way in the matter.
(e) Gif.
(1) Definition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of
money, service, loan, travel, entertainment, hospitality, item or promise, or in any other form, without
adequate and lawful consideration.
(2) Exceptions. The provisions of paragraph (e)(1) shall not apply to:
at 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)(1) through (6) shall neither solicit nor demand any
gift. It is also unlawful for any person or entity to offer, give or agree to give to any person included in
the terms defined in paragraphs (b)(1) through (6), or for any person included in the terms defined in
paragraphs (b)(1) through (6) to accept or agree to accept from another person or entity, any gift for or
because of
a. An official public action taken, or to be taken, or which could be taken, or an omission or failure to
take a public action;
b. A legal duty performed or to be performed, or which could be performed, or an omission or failure
to perform a legal duty;
ce A legal duty violated or to be violated, or which could be violated by any person included in the
term defined in paragraph (bxi ); or
d. Attendance or absence from a public meeting at which official action is to be taken.
(4) Disclosure. Any person included in the term defined in paragraphs (b)(1) through (6) shall disclose any
gift, or series of gifts from any one person or entity, having a value in excess of $25.00. The disclosure
shall be made by filing a copy of the disclosure form required by chapter 112, Florida Statutes, for "local
officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with
the Florida Secretary of State.
(f) Compulsory disclosure by employees of firms doing business with the city. Should any person Included in the
terms defined in paragraphs (b)(1) through (6) be employed by a corporation, firm, partnership or business
entity in which that person or the immediate family does not have a controlling financial interest, and should
the corporation, firm, partnership or business entity have substantial business commitments to or from the city
or any city agency, or be subject to direct regulation by the city or a city agency, then the person shall file a
sworn statement disclosing such employment and interest with the clerk of the city.
(g) Exploitation ofofcial position prohibited. No person included in the terms defined in paragraphs (b)(1) through
(6) shall corruptly use or attempt to use an official position to secure special privileges or exemptions for that
person or others.
(h) Prohibition on use of confidential information. No person Included In the terms defined in paragraphs (bx1)
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.
(1) Conflicting employment prohibited. No person included in the terms defined in paragraphs (b)(1) through (6)
shall accept other employment which would impair independence of judgment in the performance of any public
duties.
Municode
Page 3 of 4
Q) Prohibition on outside employment.
(1) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for
services as an officer or employee of the city from any source other than the city, except as may be
permitted as follows;
a. Generally prohibited. No full -time city employee shall accept outside employment, either
incidental, occasional or otherwise, where city time, equipment or material is to be used or where
such employment or any part thereof is to be performed on city time.
b. When permitted. A full -time city employee may accept incidental or occasional outside
employment so long as such employment is not contrary, detrimental or adverse to the interest of
the city or any of its departments and the approval required in subparagraph c, is obtained,
C, Approval of department head required. Any outside employment by any full -time city employee
must first be approved in writing by the employee's department head who shall maintain a
complete record of such employment.
d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as
provided in section 1 -11 of the Code of Miami -Dade County and, In addition shall be subject to
dismissal by the appointing authority. The city may also assess against a violator a fine not to
exceed $500.00 and the costs of investigation incurred by the city.
(2) All full -time city employees engaged in any outside employment for any person, firm, corporation or
entity other than the city, or any of its agencies or Instrumentalities, shall file, under oath, an annual
report indicating the source of the outside employment, the nature of the work being done and any
amount of money or other consideration received by the employee from the outside employment. City
employee reports shall be filed with the city clerk. The reports shall be available at a reasonable time
and place for inspection by the public. The city manager may require monthly reports from individual
employees or groups of employees for good cause.
(k) Prohibited investments. No person included In the terms defined in paragraphs (bx1) through (6) or a member
of the immediate family shall have personal investments in any enterprise which will create a substantial
conflict between private interests and the public interest.
(1) Certain appearances and payment prohibited.
(1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall appear before any city
board or agency and make a presentation on behalf of a third person with respect to any matter,
license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought
by the third person. Nor shall the person receive any compensation or gift, directly or indirectly, for
services rendered to a third person, who has applied for or is seeking some benefit from the city or a
city agency, in connection with the particular benefit sought by the third person. Nor shall the person
appear in any court or before any administrative tribunal as counsel or legal advisor to a party who
seeks legal relief from the city or a city agency through the suit in question.
(2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city
commission or agency on which the person serves, either directly or through an associate, and make a
presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling,
decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such
person receive any compensation or gift, directly or indirectly, for services rendered to a third party who
has applied for or is seeking some benefit from the city commission or agency on which the person
serves in connection with the particular benefit sought by the third party. Nor shall the person appear in
any court or before any administrative tribunal as counsel or legal advisor to a third party who seeks
legal relief from the city commission or agency on which such person serves through the suit in
question.
(m) Actions prohibited when financial interests Involved. No person included in the terms defined in paragraphs (b)
(1) through (6) shall participate in any official action directly or indirectly affecting a business In which that
person or any member of the immediate family has a financial interest. A financial interest is defined In this
subsection to include, but not be limited to, any direct or indirect interest in any investment, equity, or debt.
(n) Acquiring financial interests. No person included in the terms defined in paragraphs (b)(1) through (6) shall
acquire a financial interest in a project, business entity or property at a time when the person believes or has
reason to believe that the financial Interest may be directly affected by official actions or by official actions by
the city or city agency of which the person Is an official, officer or employee.
(o) Recommending professional services. No person included in the terms defined in paragraphs (b)(1) through
(4) may recommend the services of any lawyer or law firm, architect or architectural firm, public relations firm,
or any other person or firm, professional or otherwise, to assist in any transaction involving the city or any of its
agencies, provided that a recommendation may properly be made when required to be made by the duties of
office and in advance at a public meeting attended by other city officials, officers or employees.
(p) Continuing application after city service.
(1) No person included in the terms defined In paragraphs (b)(1), (5) and (6) shall, for a period of two years
after his or her city service or employment has ceased, lobby any city official [as defined in paragraphs
(b}(1) through (6)[ in connection with any judicial or other proceeding, application, RFP, RFQ, bid,
Municode
WMEM
request for ruling or other determination, contract, claim, controversy, charge, accusation, arrest or
other particular subject matter in which the city or one of its agencies is a party or has any Interest
whatever, whether direct or indirect. Nothing contained in this subsection shall prohibit any individual
from submitting a routine administrative request or application to a city department or agency during the
two -year period after his or her service has ceased.
(2) The provisions of the subsection shall not apply to persons who become employed by governmental
entities, 501(c)(3) non - profit entities or educational institutions or entities, and who lobby on behalf of
those entities in their official capacities.
(3) The provisions of this subsection shall apply to all persons described in paragraph (p)(1) whose city
service or employment ceased after the effective date of the ordinance from which this section derives.
(4) No person described in paragraph (p)(1) whose city service or employment ceased within two years
prior to the effective date of this ordinance shall for a period of two years after his or her service or
employment enter into a lobbying contract to lobby any city official in connection with any subject
described in paragraph (p)(1) in which the city or one of Its agencies is a party or has any direct and
substantial interest; and in which he or she participated directly or indirectly through decision, approval,
disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city
service or employment. A person participated "directly" where he or she was substantially involved in
the particular subject matter through decision, approval, disapproval, recommendation, the rendering of
advice, investigation, or otherwise, during his or her city service or employment. A person participated
"indirectly" where he or she knowingly participated in any way in the particular subject matter through
decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise,
during his or her city service or employment. All persons covered by this paragraph shall execute an
affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the
requirements of this subsection do not preclude the person from lobbying city officials.
(5) Any person who violates this subsection shall be subject to the penalties provided infection 8A -2(p).
(q) City attomey to render opinions on request. Whenever any person included in the terms defined in paragraphs
(b)(1) through (6) and paragraph (b)(9) is in doubt as to the proper interpretation or application of this conflict
of interest and code of ethics ordinance, or whenever any person who renders services to the city is in doubt
as to the applicability of the ordinance that person, may submit to the city attorney a full written statement of
the facts and questions. The city attorney shall then render an opinion to such person and shall publish these
opinions without use of the name of the person advised unless the person permits the use of a name.
{Ord No. 6 -99 -16801 § 2. 3 -2 -99)
Editor's note—
Ord. No. 6 -99 -1680, § 1, adopted 3 -2 -99, repeated is 8A -1 and 8A -2 in their entirety and replaced them with new is
8A-1 and 8A-2. Former § §fig } and .§A -2 pertained to declaration of policy and definitions, respectively, and
derived from Ord. No. 634, is 1(1AA), 1(1A -2) adopted Jan.11, 1969.
INSURED
Maafa Engineering, Corp
2129 West 53 Street
Miami, FIL 33016
INSURER. A
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