A PLUS COMPUTER SERVICES, INC.1
CITY OF SOUTH MIAMI
RFP #IT-2014-01
INFORMATION TECHNOLOGY (IT) MAINTENANCE AND RELATED SERVICES
PROPOSAL DUE DATE: 10 AM NOVEMBER 25, 2013
The City of South Miami, Florida through its chief executive officer (“City Manager” or the manager’s
designee) is hereby requesting sealed proposals (Request for Proposal or “RFP”) from qualified and
experienced consultants for IT Maintenance and Related Services for the City of South Miami
for a three (3) year term with one (1), two (2) year option to renew period and hereinafter
referred to as the "Project" or the "Work". The Scope of Services, and the Specifications for the work,
if any, are described in the Contract Documents which is part of this RFP package and which includes all
of the documents contained in this RFP package.
Interested persons who wish to respond to this RFP can obtain the complete RFP package at the City
Clerk’s office Monday through Friday from 9:00 A.M. to 4:00 P.M. or: 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 RFP package including “Exhibit 2 Vendor
Services Agreement for Information Technology (IT) Maintenance and Related Services.”
All references to “City” in this solicitation, including references in the RFP package, shall mean the City
Manager of the City of South Miami, unless otherwise specified. All references to the City Manager
shall also mean the manager’s designee.
The proposal shall consist of one (1) original unbound proposal, four (4) additional copies and one (1)
digital Flash Drive or CD copy, in searchable PDF format not to exceed 4MG and shall be enclosed in a
sealed envelope or container and shall have RFP #IT-2014-01, and the name of the respondent clearly
written on the exterior of the envelope in which the sealed proposal is delivered. Special envelopes
such as provided by UPS or Federal Express may not be opened unless they contain an envelope with
the required information on the front or back of the envelope. All responses shall be typed on 8 1/2” x
11” sheets, single-spaced, one-sided, bound with all sections tabbed with the exception of the one (1)
unbound copy. Fold out pages are not allowed.
All proposals must be received by the Office of the City Clerk, South Miami City Hall, 6130 Sunset
Drive, South Miami, Florida 33143. Sealed Proposals must be received by the City Clerk, either by mail
or hand delivery, no later than 10 A.M. local time on Monday, November 25, 2013. A public
opening will take place at 10 A.M. in the City Commission Chambers located at City Hall on the same
date. Any Proposals received after 10 A.M. local time on said date will not be accepted under any
circumstances.
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A Mandatory Pre-Proposal meeting will be scheduled at 10:00 AM on Wednesday,
November 13, 2013 at City Hall Chambers, 6130 Sunset Drive, South Miami, FL 33143.
Requests for additional information or questions must be in writing, emailed no later than 10:00 A.M.
local time on Wednesday, November 20, 2013 to the attention of Mr. Steven Kulick, Purchasing
Manager at skulick@southmiamifl.gov. No questions will be responded after 10 A.M. November 20,
2013.
The City of South Miami reserves the right to award the Project to the Proposal deemed to be in the
City’s best interest, as determined by the City Manager, or the City Commission, including the right of
the City to award the Project, and execute a contract with a Respondent or Respondents, other than to
one who provided the lowest Proposal Price and to reject any and all proposals, and the right of the City
to waive any irregularity in the Proposals or RFP procedure.
Maria M. Menendez, CMC
City of South Miami
City Clerk
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SCHEDULE OF EVENTS
No. Event Date* Time*
(EST)
1 Advertisement/ Distribution of RFP & Cone of
silence begins 10/28/2013 5:00 PM
2
Mandatory Pre-Proposal Conference
City of South Miami, City Hall Chambers,
6130 Sunset Drive, South Miami, FL 33143
11/13/2013 10:00 AM
3 Deadline to Submit Questions 11/20/2013 10:00 AM
4 Deadline to City Responses to Questions 11/21/2013 10:00 AM
5 Deadline to Submit Bid-Response 11/25/2013 10:00 AM
6 Evaluation of Bid Responses 12/4/2013 10:00 AM
7 Agenda for Commission Approval of
Contractors/Cone of Silence ends 12/17/2013 5:00 PM
END OF SECTION
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SCOPE OF SERVICES
PROJECT BACKGROUND
The City of South Miami is soliciting proposals from qualified persons (including legal entities)
for Information Technology support services for a three (3) year contract term and one (1),
two (2) year option to renew period. The selected person will assist the City to maintain and
significantly improve information technology (IT) effectiveness, enhance its quality of services,
minimize down time and support costs, ensure security of data, and maximize return on
investment in IT. The awarded person will be reporting directly to the City’s Chief Financial
Officer.
COVERED EQUIPMENT
Equipment included in but not limited to that listed in “Exhibit 1” and any
equipment added to the list as the City deems necessary or is added during the
term of an agreement with the selected entity, will be covered by the IT Vendor
Agreement.
FACLITY LOCATIONS
Covered equipment, is located at City facilities including the following City facility locations:
City Hall
(includes: Police, Building, Finance, Planning, Code, City Clerk, Grants, HR, City Manager)
6130 Sunset Drive
South Miami, FL 33143
Public Works
4795 SW 75th Avenue
Miami, FL 33155
Parks and Recreation/Community Center
5800 SW 66th Street
South Miami, FL 33143
Community Redevelopment Agency
5825 SW 68th Street
Suite 4 Office 400
South Miami, 33143
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South Miami Senior Center
6701 SW 62nd Avenue
South Miami, FL 33143
The following summarizes the minimum services to be provided to the City for information
technology (IT) support services:
SCOPE OF SERVICES / DELIVERABLES
1. IT Project Management: Provide Information Technology Project Management with
an emphasis to successfully deliver projects. The vendor must take on the day to day
tasks, manage project teams and ensure project delivery. Must possess strong Project
Management skills as a priority such that they can accommodate multiple projects
simultaneously. The Vendor will manage individual project plans that become the
overall program plan. IT Vendor shall have extensive experience with a wide array of
current software necessary, and instrumental to a modern municipal environment
including linkage to other systems. The Vendor must have strong Project Manager
experience and will serve as a liaison between functional groups/teams and development
teams in order to drive projects and report out status and updates.
2. Annual Assessment: The Vendor shall annually compile/update an inventory of all
information technology related assets, assess system assets and make recommendations
for improved city-wide IT system performance.
3. Desktop Applications Support and Maintenance: Perform basic support
functions including installing PCs, laptops, printers, and software; diagnosing and
correcting desktop application problems, configuring laptops and desktops for standard
applications and identifying and correcting hardware problems, and performing advanced
troubleshooting. Repairs and upgrades of all City computers. Maintain all Microsoft and
Apple operating systems and software updates. Assist designated City personnel with
software and hardware purchases.
4. Server Administration Services: Manage computer network and associated
hardware, software, communications, and operating system necessary for the quality,
security, performance, availability, recover-ability, and reliability of the system.
Confidentiality of information is vital. The selected vendor and their
employees must sign and adhere to a confidentiality clause that information
in the system must remain confidential as provided by law. Ensure scheduled
preventive maintenance for equipment is promptly performed; develop back-up plans
and procedural documentation. Setup new users and edit or remove existing users on
server. Monitor server performance and capacity management services. Management of
user log-ins and security.
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5. Network Administration Services, Including; Wide Area Network (WAN)
and Local Area Network Maintenance (LAN): Scope of activity includes all City
network equipment including switches, firewalls, routers, and other security devices.
Primary installation and maintenance of printers, network copiers/scanners, etc., and,
coordinate all scheduled maintenance. Monitor network performance and capacity
management services. Assign new IP addresses to all accounts as necessary. This
activity includes the oversight, supervision, and management of all of the City’s Wi-Fi
public hot spots.
6. Security: Maintenance of virus / Malware detection programs on City servers, email
and all other City computers and laptops. Perform security audits as requested and
notify City personnel immediately of suspected breaches of security or instruction
detection. Reduce amount of spam received by city employees. Control staff access, as
requested, to Internet and sites.
7. Strategic Planning: Provide technical advise for Information Technology issues and
system. Make recommendations for future purchasing and technology needs. Install
new servers, software and hardware and transfer data when acquired. Provide
recommendations for potential economies in IT related matters.
8. Website Support: Provide website management services, and on-going support for
the City’s website and any future official City web sites.
9. Software/Third-Party Applications Services: Scope of activity includes oversight,
management and support of the City’s database software; oversight, management and
supervision of all third party desktop, server, and web-based applications; acts as City’s
representative when dealing with third party application support as directed by the City
Manager. Vendor will be required to advise in writing of each necessary annual charge
for third-party software licensing and renewals, upon installation where applicable, and
on June 1 of each fiscal year. Vendor will review invoices, approve for payment and
bring any invoice discrepancies to the attention of the City Manager.
10. Communications (Phone, Cellular Phones, Voicemail) Support: Scope of
activity includes oversight, supervision, and management of the City’s communications
system including but not limited to: telephones, cellular phones, communications
devices, and voice mail systems, including but not limited to; reset of voicemail
passwords, relocate existing and replace defective handsets, install new handsets and
voice mail setup, troubleshoot data wiring and patch as necessary.
11. Emergency Services: Provide emergency technical, communication, and IT support
services in the event of emergency situation. Vendor will be available to assist at the
direction of the City Manager in such situations.
12. City’s IT Liaison/Representative: Vendor will act as the City’s
liaison/representative for all IT related matters under the scope of the Agreement as
directed by the City Manager or his/her designee. Vendor will be available for any
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meetings as directed by the City Manager or his/her designee.
13. City’s Channel 77 and the recording of all Regular Commission Meetings:
The City broadcasts video on local access cable channels. The cameras and other
recording production equipment shall be monitored and maintained and, as an option,
to be operated by the selected vendor (Option #1).
14. City’s ERP System: Vendor will support, with the help of SunGard, the City’s
integrated ERP system, One Solution, provided by SunGard for all of its modules, which
currently includes Finance & Community and any new installation of additional modules.
One Solution application based system includes a Dell Server, Microsoft OS, SQL
database.
Vendor shall provide a price
for (Option #1) in their price proposal. Refer to Page 20 “Price Proposal Sheet.”
15. Public Records Requests: Vendor will process public record requests made by the
City or by third-parties for records involving email searches at no additional charge to
the City, which are to be completed during normal business hours.
Vendor shall perform the Scope of Services as outlined in the RFP. The Scope of
Services shall not be deemed to be all-inclusive and may be changed from time to
time as authorized by City Manager. Therefore, each enumerated deliverable
shall be associated with a specific price.
1. Proposers must demonstrate considerable relevant experience (minimum of 5 years)
with this type of work, and should emphasize their experience, working knowledge of
Information Technology Services, and capability of the particular principal and personnel
who will actually be assigned to the City.
IT FIRM REQUIREMENTS
2. A proposer shall demonstrate that it has at least three (3) clients that have contracted
with it for the same or similar services within the last three years, preferably with at
least one client represented within Miami-Dade and/or Broward Counties.
3. Vendor shall provide the City with a current written listing of all its clients. This list
must be kept current at all times during the Agreement period and any extension terms.
The vendor shall notify the City of any new client(s) within ten days of retention by the
new client. The written notice shall be via e-mail to the Chief Financial Officer, or
designee.
4. Vendor must provide on site personnel during City of South Miami business hours
unless authorized in writing by the City in advance. Non-business hours, weekends and
holiday coverage, shall be staffed by the vendor either on-site or remotely as agreed by
the City.
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5. Any and all of Consultant’s staff having any access to the City’s computer system must
complete a full criminal history background check, including electronic fingerprint
submissions to FDLE in order to be considered, and at all times, all such staff shall
maintain a status of no criminal violations, warrants or arrests. Florida Department of
Law Enforcement (FDLE) Criminal Justice Information System (CJIS) IT
Vendor Certification is preferred. The awarded vendor shall obtain CJIS
certification within six (6) months from contract award.
CJIS certification enables the
Vendor to work and maintain the system interfaces. FDLE and CJIS is the central
repository of criminal history records for the State of Florida and provides criminal
identification screening to criminal justice and non-criminal justice agencies and private
citizens to identify persons with criminal warrants, arrests and convictions that impact
employment, licensing, eligibility to purchase a firearm, as well as a variety of criminal
justice functions.
The City requires an On-site Service Technician, the designated person(s) to be responsible
for the delivery of routine IT support services to the City. The Onsite Service Technician shall
have System Administrator access for troubleshooting reported problems and coordinating
overall operational support to the City, as well as well as serving as a Liaison to the City for the
Consultant.
SERVICES AND SUPPORT:
“1st Tier Support” shall mean support provided by designated Onsite IT Service
Technician and shall consist of the first point of contact for customer support of police,
supervisors and users. The 1st Tier Support will create a record of all requests and actions
including a determination of whether the reported trouble/issue is technical or operational, and
shall resolve operational issues and respond to questions concerning the use of the system.
Technical issues that cannot be resolved by the 1st Tier Support Person shall be reported to the
“Help Desk” which will forwarded to the Vendor Master System Administrator or similar
person as agreed by the City.
“2nd Tier Support” shall mean support issues that have escalated to vendors tier 2
engineer by the designated Onsite Services Technician. All technical issue not resolved by 2nd
Tier Support shall be reported to the 3rd Tier support for resolution.
“3rd Tier Support” shall mean support provided by the vendor / manufacturer
customer support, and shall consist of technical issues determined to be caused by the
application or hardware.
Services are to include but are not limited to:
The base price will include:
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Management of resources on the network such as backup verification and
rotation of backup media. Access permissions to resources and creation of
accounts in Active Directory.
Desktop support for network users.
Helpdesk complete with ticketing system and metrics
Maintenance of all Operating System updates and software updates.
Management of hand-held devices.
Management of office phone system.
Management of website, including functionality as aided by website creator when
applicable, (content maintained by departments)
Manage and maintain the video security system.
Additional related tasks as required by the City Manager.
Perimeter Security
Server updates/upgrades
Design/implementation of network topology changes
Tier 1 and 2 level network support with interface to manufacturer tier 3 support
IT related purchasing activity review and recommendations
Telephone applicable maintenance and recommendations
Management of Senior Engineers
Management of onsite System Administrator
Liaison with City Manager and Finance Director
Review of monthly helpdesk metric
Ensure quality of service
Overall design and planning for IT
Research and production of various public record requests
EMERGENCY AFTER HOUR SUPPORT:
Vendor shall provide Emergency After Hour Support Services on an On-Call 24/7/365 basis.
The City requires a minimum of one (1) hour response time to the originator of the
emergency. Vendor shall include, as part of their proposal, an “Emergency After Hour Support
Services” protocol and escalation procedure including contacts, phone and email addresses.
The Vendor shall posses an “Emergency” ticket/tracking system for the purposes of recording,
reporting and conveying the performance of response and completion times and dates to the
reported emergencies. Remote access is acceptable but onsite presence may be needed.
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RECORDING OF CITY/PUBLIC MEETINGS:
The City may additionally require, as Option #1, that an IT staff person is available to record
important city meetings that occur after normal business hours. The City has typically
scheduled 5 meetings per month that average 3.5 hours in length. In addition, ad hoc after hour
meetings requiring recording are called throughout the year. The City estimates up to 250
hours per year would be required for meeting recording time. Refer to Option #1, “Price
Proposal Sheet,” Page 20.
The proposal must contain a Fee Schedule as described in attached “Price Proposal Sheet
Form” in of this RFP, that includes hourly rates for proposed services and describe how the
services are priced, and any specific pricing you are able to provide. The Proposal Fee
Schedule should include a base amount for all support services up to forty (40)
hours and five (5) service days per week. Any additional services provided beyond the
proposed base amount shall be provided at the hourly rate as listed in the attached fee schedule
and any additional services must be pre-approved by the Chief Financial Officer.
Notwithstanding anything to the contrary contained herein, the schedule for services shall be
determined by the City Manager or his designee in his or her sole discretion. Fee schedule
shall be inclusive of any travel expenses incurred. The Vendor’s Agreement, if awarded, shall
include such a fee schedule and the Vendor shall invoice the City in equal monthly installments.
Invoices shall detail services rendered during the preceding month, payable in arrears.
FEE COMPENSATION
HISTORICAL COSTS FOR IT SERVICES
The City has outsourced IT services over the past three (3) fiscal years. The contractual
amounts agreed upon in the previous three fiscal years:
• FY 2013 $189,800
• FY 2012 $189,800
• FY 2011 $166,400
END OF SECTION
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SUBMISSION REQUIREMENTS
1. Submission of Request for Proposals
The Proposal and all copies and CDs must be delivered in a sealed envelope. The proposal shall
consist of one (1) original unbound proposal, four (4) additional copies and one (1) digital Flash
Drive or CD copy, in searchable PDF format and not to exceed 4MBand shall be enclosed in a
sealed envelope or container and shall have RFP #IT-2014-01 Information Technology
(IT) Maintenance and Related Services, and the name of the respondent clearly written on the
exterior of the envelope in which the sealed proposal is delivered. Special envelopes such as
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 to the Office of the City Clerk, South Miami
City Hall, 6130 Sunset Drive, South Miami, Florida 33143. All responses shall be typed on 8
1/2” x 11” sheets, single-spaced, one-sided, bound with all sections tabbed with the exception of the
one (1) unbound copy. Fold out pages are not allowed.
Proposals must be in conformance with the detailed submittal instructions and must be delivered in
a sealed envelope by mail, courier or personal delivery by the time and date indicated in the legal
notice. RESPONSE SUBMITTALS NOT RECEIVED IN A SEALED ENVELOPE WITH
THE REQUIRED INFORMATION ON THE ENVELOPE AND BY THE DATE AND
TIME SPECIFIED SHALL BE REFUSED. The time indicated by the time clock in the City
Clerk office is considered the official time of receipt. No faxed or email RFP responses will be
accepted.
The response to the RFP’s may be submitted in person or by mail to the following address:
In Person/Courier/By Mail:
City of South Miami
City Hall Building
6130 Sunset Drive
South Miami, FL 33143
ATTN: CITY CLERK OFFICE
All proposals received will be considered public records and upon submission, all documents
become the property of the City of South Miami and are subject to public records laws.
Incomplete, unresponsive, irresponsible, vague, or ambiguous responses to the RFQ shall be cause
for rejection, as determined by the City.
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 response to the
RFQ 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.
All erasures and corrections must have the initials of the Respondent’s authorized representative in
ink at the location of each and every erasure and correction. Responses shall be signed in ink; all
information shall be typewritten or printed and filled in with ink. All spaces shall be filled in with the
requested information or the phrase “not applicable”.
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The City will consider all proposals using such criteria as City Manager may adopt at the City’s sole
discretion. The individual(s)/firm selected will be required to enter into a formal agreement with the
CSM 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.
Request for Proposals (RFP) must be received by the City Clerk, either by mail or hand delivery, no
later than 10 A.M. on the due date for this RFP and should include the requirements listed below.
Submittals submitted without meeting ALL the requirements may be considered non-responsive.
Format
Sections and subsections should correspond in sequence with those identified below. All additional
information that the Vendor believes is unique to a section and does not fit the established outline
may be included at the end of each section under a subheading "Additional Information."
The following information shall be provided in the order detailed: failure to provide any one
part of this section without appropriate explanation may result in disqualification of
Response.
a. Title Page - List the RFP subject, the name of the Firm, its address, telephone number and
email address, the name of the Firm’s designated contact person, and alternate if any, and the
date of the submittal.
b. Table of contents - Include a clear identification of the material included in the submittal by
page number.
c. Letter of Interest -- Limit two (2) pages. Make a positive commitment to perform the
required work within a specified timeline, acknowledgement of receipt of addenda. Give the
name(s) of the person(s) who will be authorized to make representation for the firm, their title,
phone number and email address. The letter shall provide the following information:
1. Name of Proposing firm, and, if more than one, specify as to the type of contractual
agreement between firms, and certificate(s) of authorization to offer professional
services through the Florida Department of Professional Regulations as applicable for
prime as well as supporting firms.
d. Qualifications and Experience
1. Provide a brief discussion of the firm's understanding and approach to the work
described herein.
2. A resume of the Respondent’s designated contact person, and resumes of the individuals
who will attend meetings and have primary responsibility for work performed for the
CSM as it pertains to this contract.
3. A disclosure of the following: (a) any relationships between the firm and any
Commission member, his/her spouse, or family: (b) any relationship between the firm
and any business or entity owned by a Commission member or their family or in which
a Commission member or their family has or had an interest; (c) any other information
concerning any relationships between the firm and any Commission member which the
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Applicant deems might be relevant to the Commission’s consideration; and (e) a
“conflict list” if same is maintained by the firm.
e. Restriction on Representation
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 CSM, and shall agree
not to undertake any other private representation which might create a conflict of interest with the
CSM. 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.
f. Required Documentation
i. Proof of authorization to transact in the state of Florida from the Florida Secretary of State,
for Prime as well as supporting firms.
ii. Current and valid State of Florida Contractors License.
iii. Proposed organization chart identifying key professionals and their area of responsibilities.
iv. List of recent clients and references with contact names and telephone numbers.
v. Respondents ”Public Entity Crimes and Conflicts of Interest,” shall be completed
and provided with the proposal submittal.
vi. Respondent's “Drug Free Workplace” form shall be completed and provided with the
proposal submittal. 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 response as determined by the City.
vii. Respondent's “No Conflict of Interest/Non Collusion Affidavit,” shall be completed
and provided with the proposal submittal.
viii. Respondent's “Acknowledgement and Conformance with OSHA Standards,” shall
be completed and provided with the proposal submittal.
ix. Respondents “Related Parties Transaction Verification Form,” shall be completed
and provided with the proposal submittal.
x. Price Proposal Sheet.
END OF SECTION
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GENERAL CONDITIONS
GENERAL CONDITIONS AND INSTRUCTIONS TO PROPOSERS
1. Rules, Regulations, Laws, Ordinances, & Licenses
The awarded firm shall observe and obey all laws, ordinances, rules, and regulations of the federal,
state, and local municipality, which may be applicable to the service being provided. The firm shall
have or be responsible for obtaining all necessary permits or licenses required in order to provide
this service.
2. Requests for Additional Information or Questions
Any requests for additional information or clarification should be submitted in writing by 10:00
A.M. local time on, Wednesday, November 20, 2013 to the attention of Steven Kulick, C.P.M.
Purchasing Manager at skulick@southmiamifl.gov or via facsimile at (305) 663-6346. Interpretations
or clarifications, considered necessary by the City in response to such questions, shall be issued by a
written addendum to the RFP package. The issuance of a written addendum is the only official
method whereby interpretation and/or clarification of information can be given. If any addendums are
issued to this RFP, the City will notify all prospective firms via the CSM’s website. It is incumbent on
all interested parties to log onto the website before submitting a response. Verbal interpretations or
clarifications, even if not in violation of the Cone of Silence referenced below, shall be without any
legal effect. No plea by a Respondent of ignorance or the need for additional information shall
exempt a Respondent from submitting the response on the required date and time as set forth in the
public notice.
3. Cone of Silence:
You are hereby advised that this solicitation 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. 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-response 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 unless specifically prohibited. A copy of all written
communications must be contemporaneously filed with the City Manager and City Clerk. Violation
of these provisions by any particular Respondent shall render any recommendation for the award of
the contract or the contract awarded to said Respondent voidable, and, in such event, said
Respondent shall not be considered for any solicitation for a proposal, for qualifications, for a letter
of interest or bid concerning any contract for the provision of goods or services for a period of one
year.
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4. Lobbying
All firms and their agents who intend to submit, or who submitted, responses for this City of South
Miami Request for Proposal (RFP) are hereby placed on formal notice that neither City
Commissioners, candidates for City Commissioner, nor any employee of the City of South Miami are
to be lobbied either individually or collectively concerning this City of South Miami Request for
Proposal (RFP).
Contact shall only be made through regularly scheduled Commission meetings for the purpose of
accepting or rejection the contract for the study, or meetings scheduled through the Purchasing
Division, which are for the purposes of obtaining additional or clarifying information.
5. Reserves the Right
The City anticipates awarding one contract for services as a result of this RFP. The City, however,
reserves the right to reject any and all submitted Responses and to further define or limit the scope
of the award.
The City reserves the right to request additional information from firms as deemed necessary.
Notice is also given of the possibility that an award may be made without discussion or after limited
negotiations. It is, therefore, important that all the parts of the Request for Proposal be completed in
all respects.
The City reserves the right to negotiate modifications to the response submittals that it deems
acceptable, reject any and all RFP responses in its sole discretion, and to waive minor irregularities in
the procedures.
6. Contract Cancellation
The resulting contract may be canceled at any time by the City without cause, upon a thirty (30)
day written cancellation notice. The Vendor may cancel the resulting contract without cause, upon
a one-hundred and twenty (120) day written cancellation notice.
7. Ownership of Preliminary and Final Records
All preliminary and final documentation and records shall become and remain the sole property of
the City of South Miami (CSM). The awarded firm shall maintain original documents thereof for its
records and for its future professional endeavors and provide reproducible copies to the CSM. In the
event of termination of the agreement, the proposing firm shall cease work and deliver to the CSM
all documents (including reports and all other data and material prepared or obtained by the
awarded firm in connection with this Request for Proposal (RFP). The CSM shall, upon delivery of
the aforesaid documents, pay the firm for the goods and services rendered and the firm shall accept
the payment as full payment for its goods and services rendered pursuant to the terms and
conditions of the Contract. The payment shall be equal to the percentage of the work satisfactorily
completed by the firm and accepted by the City.
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8. Indemnification
To the extent permitted by law, the proposing firm shall indemnify and hold harmless the CSM, its
officers and employees, from liabilities, damages, losses and costs, including, but not limited to,
reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional
wrongful acts or omissions of the proposing firm and any persons employed or utilized by proposing
firm in the performance of its Contract with the CSM contract.
9. Equal Employment
In accordance with Federal, State and Local law, the proposing firm will not discriminate against any
employee or applicant for employment because of race, color, ethnicity, religion, sex, sexual
orientation, national origin or handicap. The proposing firm will be required to comply with all
aspects of the Americans with Disabilities Act (ADA) during the performance of this contract.
10. Opening of Request for Proposals
All responses to the RFP will be opened and evaluated after the date and time set for receipt of
the responses. The City may request proposing firm(s), who are considered for the award, to
make an oral presentation to a selection committee or to submit additional data.
11. Rejection of Response Submittals
The City reserves the right to reject any and all response submittals to this RFP. It also reserves
the right to waive any minor irregularities in connection with any and all response submittals to
this RFP.
12. Acceptance of Response Submittal
Within ninety (90) days after the final submission date for Request for Proposal, the City will act
upon them. The successful firm will be requested to enter into negotiations to produce a
contract for this Request for Proposal (RFP). The City reserves the right to terminate
negotiations in the event it deems progress towards a contract to be insufficient and to proceed
to negotiate with the next best Firm.
13. Applicable Law
All applicable laws and regulations of the State of Florida, Miami-Dade Count and of the City of
South Miami will apply to any resulting agreement and venue for any action arising out of the
Contract shall be in Miami-Dade County, Florida and such right shall remain solely with the City.
14. Qualification of Proposing Firm
Response submittals to this RFP 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
17
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 will determine whether the
evidence of ability to perform is satisfactory and reserves the right to reject the response
submittal to this RFP where evidence submitted, or investigation and evaluation, indicates
inability of a firm to perform.
15. Designated Contact
The awarded firm shall appoint a person to act as a primary contact with the City and may
appoint a back-up contact person. This designated contact person, and the alternate contact
person if any, shall have authority to bind the Firm and be readily available during normal work
hours by phone, email, or in person, shall be knowledgeable of the terms and conditions of the
Contract and the work being performed and shall be sufficiently versed in the English language
so as to be able to clearly communicate with the CSM staff.
16. 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 RFP. The decision as to whether an item fully
complies with the stated requirements rests solely with the City.
17. Precedence
The proposing Firm, by virtue of submitting a response, agrees that, unless the City agrees
otherwise in writing, the RFP and the CSM’s General Provisions, Terms and Conditions set forth in
the RFP shall take precedence over any terms and conditions submitted with the response, either
appearing separately or included.
18. Response Withdrawal
After response submittals for this RFP are opened, corrections or modifications to responses are
not permitted, but the proposing firm may be permitted to withdraw an erroneous response prior
to the proposal award by City Commission, if the following is established:
18.1 That the proposing firm acted in good faith in submitting the response;
18.2 That the error was not the result of gross negligence or willful inattention on the part
of the firm;
18.3 That the error was discovered and communicated to the City within twenty-four
(24) hours of opening the response submittals received, along with a request for
permission to withdraw the response; or
18.4.1 The firm submits documentation and an explanation of how the response submittal
error was made.
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19. 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 RFP 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.
20. 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, VENDOR 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, VENDOR 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.
21. Auditable Records
The proposing firm shall maintain auditable records concerning the procurement adequate to
account for all receipts and expenditures, and to document compliance with the specifications.
These records shall be kept in accordance with generally accepted accounting principles, and the
City reserves the right to determine record-keeping method in the event of non-conformity.
These records shall be maintained for five (5) years after final payment has been made and shall
be readily available to CSM personnel with reasonable notice, and to other persons in
accordance with the Florida Public Disclosure Statutes.
22. Unauthorized Aliens
The employment of unauthorized aliens by any firm is considered a violation of Federal Law. If
the VENDOR knowingly employs unauthorized aliens, such violation shall be cause for unilateral
cancellation of any contract resulting from this RFP. This applies to any sub-contractors used by
the firm as well.
23. Waiver
Failure of the City to take any action with respect to any breach of any term, covenant,
provision or condition contained in the agreement, or any instance of default there under by the
awarded firm should not be deemed to be a waiver of any default or breach by the CSM.
24. Attorney's Fees
Should it become necessary for the CSM to bring any action against the awarded firm to enforce
any of the covenants, provisions, terms or conditions of the agreement, the awarded firm will
pay all costs attendant thereto, including reasonable attorney's fees for the CSM.
19
EVALUATION AND SELECTION PROCEDURE
SCORING AND RANKING
An Evaluation Selection Committee comprised of 3 to 5 City staff members, and/or recognized
subject matter experts, will review proposals submitted and rank each proposer using the
evaluation factors listed below:
Evaluation Criteria:
Competitive Selection-Ranking; maximum 100 points. The selected Vendor shall have
considerable knowledge and expertise in the applicable disciplines and experience with projects
of similar scope and magnitude. Statement of Qualifications and any supplemental material
allowing evaluation for further consideration shall based upon the following criteria/point
system:
a. Knowledge and Expertise in Specified Areas and Workload, Availability, and
Experience of team/staff assigned to this project; Maximum 50 Points
b. Experience With Projects of Similar Scope and Complexity and Past
Performance/References; Maximum 30 Points
c. Proposed Cost; Maximum 20 Points
END OF SECTION
20
The Proposed Base Fee Schedule is for each of the support services listed in the
PRICE PROPOSAL SHEET
Scope of Services of
this RFP. The Proposed Fee Schedule should include the base fee for all support and required services
up to forty (40) hours and five (5) service days per week. Any additional services provided beyond the
proposed base amount shall be provided and listed at the hourly rates over the base fee amount. Any
additional service over the base fee amounts, must be pre-approved by the Chief Financial Officer.
Additional service fees should not exceed the City’s budgeted amount in the City’s FY 13-14 budget for
IT support services. Notwithstanding anything to the contrary contained herein, the schedule for
services shall be determined by the Chief Financial Officer his or her sole discretion. Fee schedule shall
be inclusive of any travel expenses incurred. In other words, if the IT Consultant’s base price includes
any and all after hour emergencies, special projects, and/or the recording of after hour public meetings,
Favorable consideration will be provided to “flat-fees”, or “not-to-exceed”
proposals
All Inclusive Base Price:
.
Year 1 $_________________
Year 2 $_________________
Year 3 $_________________
Three-Year
Total $_________________
Option to Renew:
Year 1 $_________________
Year 2 $_________________
*Option #1
After Hour Meetings Requiring Recording
Estimated at 250 Hours Annually:
Per Hour Rate: $___________________
*Check if Included in the Base Price Amount ___________
Option #2
Hourly Rate over the Base Price for After Hour
Emergencies, Special Projects, etc.:
Per Hour Rate: $___________________
21
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 Vendor 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 it’s 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.
1. 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 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. I 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
22
state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering,
conspiracy, or material misrepresentation.
3. I understand that “convicted” or “conviction” as defined in Paragraph 287.133 (1)(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 1, 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 (1)(a), Florida Statutes, means:
(a) A predecessor or successor of a person convicted of a public entity crime; or
(b) An entity under the control of any natural person who is active in the management of
the entity and who has been convicted of a public entity crime. The term “affiliate” includes
those officers, directors, executives, partners, shareholders, employees, members, and agents
who are active in the management of an affiliate. The ownership by one person of shares
constituting a controlling interest in any person, or a pooling of equipment or income among
persons when not for fair market value under an arm’s length agreement, shall be a prima facie
case that one person controls another person. A person who knowingly enters into a joint
venture with a person who has been convicted of a public entity crime in Florida during the
preceding 36 months shall be considered an affiliate.
5. I 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 1, 1989.
_____ The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, or an affiliate of the entity has been charged with and convicted of a
public entity crime subsequent to July 1, 1989.
_____ The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, or an affiliate of the entity has been charged with and convicted of a
public entity crime subsequent of July 1, 1989. However, there has been a subsequent
23
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 1 (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)
Form PUR 7068 (Rev.06/11/92)
24
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:
1. 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 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) 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.
PROPOSER’s
Signature:
Print Name:
Date:
25
NO CONFLICT OF INTEREST/NON-COLLUSION CERTIFICATION
Submitted this _____day of_______________________, 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 CSM
document for the purpose of establishing a formal contractual relationship between the Bidder/Proposer
and the CSM, 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 CSM has an interest directly or indirectly in the profits or
emoluments of the Contract, job, work or service to which the response/submission pertains.
Signature:
Printed Name:
Title:
Telephone:
26
Company Name
NOTARY PUBLIC:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this ______ day of
____________________, 20______ by___________________________________ (name of
person whose signature is being notarized) who is
Personally known to me, or
Personal identification:
Type of Identification Produced
Did take an oath, or
Did Not take an oath.
SEAL
(Name of Notary Public: Print, Stamp
or type as commissioned.)
FAILURE TO COMPLETE, SIGN, & RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE
27
ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS
TO THE CITY OF SOUTH MIAMI
We, _____________________________, (Name of Contractor), hereby acknowledge and agree that
as Contractors for the IT Maintenance and Related 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
________________________________ _____________________________
Witness
BY: __________________________________
Name
__________________________________
Title
FAILURE TO COMPLETE, SIGN, & RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE
28
RELATED PARTIES TRANSACTION VERIFICATION FORM
I ______________________________, individually and on behalf of _______________________(“Firm”)
Name of Representative Company/Vendor/Entity
have read the City of South Miami (“CSM”)’s Code of Ethics, Section 8A-1 of the CSM’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 I, and/or the Firm, am(are) about to perform for, or to transact with, the
CSM, and
(2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest
greater than 5% in the Firm, has any relative(s), as defined in section 8A-1, who is an employee
of the CSM or who is(are) an appointed or elected official of the CSM, or who is(are) a
member of any public body created by the City Commission, i.e., a board or committee of the
CSM, 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 CSM or has a financial interest, direct
or indirect, in any business being transacted with the CSM, or with any person or agency acting
for the CSM, 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 South 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 CSM
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 CSM employees and that of all
elected and/or appointed CSM officials or board members, who own, directly or indirectly, an
interest of five percent (5%) or more of the total assets of capital stock in the firm are as follows:
_____________________________(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) 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 CSM, 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 CSM or any person or agency acting for the CSM, and that we have not
appeared in representation of any third party before any board, commission or agency of the CSM
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,
29
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 CSM 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
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 CSM 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:
_______________________________________________
________________________________(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) 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.
(9) A violation of the CSM’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 CSM, 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: _________________________________________
ATTACHED:
Sec. 8A-1 - Conflict of interest and code of ethics ordinance.
30
Section 8A-1 CODE OF ETHICS
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:
(1) The term "commission members" shall refer to the mayor and the members of the city
commission.
(2) The term "autonomous personnel" shall refer to the members of autonomous
authorities, boards and agencies, such as the city community redevelopment agency and
the health facilities authority.
(3) The term "quasi-judicial personnel" shall refer to the members of the planning board,
the environmental review and preservation board, the code enforcement board and
such other individuals, boards and agencies of the city as perform quasi-judicial
functions.
(4) The term "advisory personnel" shall refer to the members of those city advisory boards
and agencies whose sole or primary responsibility is to recommend legislation or give
advice to the city commission.
(5) The term "departmental personnel" shall refer to the city clerk, the city manager,
department heads, the city attorney, and all assistants to the city clerk, city manager and
city attorney, however titled.
(6) The term "employees" shall refer to all other personnel employed by the city.
(7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial
benefit conferred, or to be conferred, in return for services rendered or to be
rendered.
(8) The term "controlling financial interest" shall refer to ownership, directly or indirectly,
of ten percent or more of the outstanding capital stock in any corporation or a direct
or indirect interest of ten percent or more in a firm, partnership, or other business
entity at the time of transacting business with the city.
(9) The term "immediate family" shall refer to the spouse, parents, children, brothers and
sisters of the person involved.
(10) The term "transact any business" shall refer to the purchase or sale by the city of
specific goods or services for consideration and to submitting a bid, a proposal in
response to a RFP, a statement of qualifications in response to a request by the city, or
31
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.
Waiver of prohibition. The requirements of this subsection may be waived for a particular
transaction only by four affirmative votes of the city commission after public hearing upon finding
that:
(1) An open-to-all sealed competitive proposal has been submitted by a city person as
defined in paragraphs (b)(2), (3) and (4);
(2) The proposal has been submitted by a person or firm offering services within the scope
of the practice of architecture, professional engineering, or registered land surveying, as
defined by the laws of the state and pursuant to the provisions of the Consultants'
Competitive Negotiation Act, and when the proposal has been submitted by a city
person defined in paragraphs (b)(2), (3) and (4);
(3) The property or services to be involved in the proposed transaction are unique and the
city cannot avail itself of such property or services without entering a transaction which
would violate this subsection but for waiver of its requirements; and
(4) That the proposed transaction will be in the best interest of the city.
This subsection shall be applicable only to prospective transactions, and the city commission may
in no case ratify a transaction entered in violation of this subsection.
Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed
to amend or repeal any other law pertaining to the same subject matter.
(d) Further prohibition on transacting business with the city. No person included in the terms defined in
paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business
through a firm, corporation, partnership or business entity in which that person or any member of the
immediate family has a controlling financial interest, direct or indirect, with the city or any person or
agency acting for the city, and any such contract, agreement or business engagement entered in violation
of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will
32
also be applicable to this subsection as though incorporated by recitation. Additionally, no person
included in the term defined in paragraph (b)(1) shall vote on or participate in any way in any matter
presented to the city commission if that person has any of the following relationships with any of the
persons or entities which would be or might be directly or indirectly affected by any action of the city
commission:
(1) Officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or
(2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or
matter would affect the person defined in paragraph (b)(1) in a manner distinct from the
manner in which it would affect the public generally. Any person included in the term
defined in paragraph (b)(1) who has any of the specified relationships or who would or
might, directly or indirectly, realize a profit by the action of the city commission shall
not vote on or participate in any way in the matter.
(e) Gifts.
(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:
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)(1) through (6) shall neither solicit nor
demand any gift. It is also unlawful for any person or entity to offer, give or agree to give
to any person included in the terms defined in paragraphs (b)(1) through (6), or for any
person included in the terms defined in paragraphs (b)(1) through (6) to accept or agree
to accept from another person or entity, any gift for or because of:
a. An official public action taken, or to be taken, or which could be
taken, or an omission or failure to take a public action;
b. A legal duty performed or to be performed, or which could be
performed, or an omission or failure to perform a legal duty;
c. A legal duty violated or to be violated, or which could be violated by
any person included in the term defined in paragraph (b)(1); or
d. Attendance or absence from a public meeting at which official action is
to be taken.
(4) Disclosure. Any person included in the term defined in paragraphs (b)(1) through (6) shall
disclose any gift, or series of gifts from 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
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112, Florida Statutes, for "local officers" with the city clerk simultaneously with the filing of the
form with the clerk of the county and with the Florida Secretary of State.
(f) Compulsory disclosure by employees of firms doing business with the city. Should any person included
in the terms defined in paragraphs (b)(1) through (6) be employed by a corporation, firm, partnership or
business entity in which that person or the immediate family does not have a controlling financial interest,
and should the corporation, firm, partnership or business entity have substantial business commitments to
or from the city or any city agency, or be subject to direct regulation by the city or a city agency, then the
person shall file a sworn statement disclosing such employment and interest with the clerk of the city.
(g) Exploitation of official position prohibited. No person included in the terms defined in paragraphs
(b)(1) through (6) shall corruptly use or attempt to use an official position to secure special
privileges or exemptions for that person or others.
(h) Prohibition on use of confidential information. No person included in the terms defined in paragraphs
(b)(1) through (6) shall accept employment or engage in any business or professional activity
which one might reasonably expect would require or induce one to disclose confidential
information acquired by reason of an official position, nor shall that person in fact ever disclose
confidential information garnered or gained through an official position with the city, nor shall
that person ever use such information, directly or indirectly, for personal gain or benefit.
(i) Conflicting employment prohibited. No person included in the terms defined in paragraphs (b)(1)
through (6) shall accept other employment, which would impair independence of judgment in the
performance of any public duties.
(j) 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
34
authority. The city may also assess against a violator a fine not to exceed
$500.00 and the costs of investigation incurred by the city.
(2) All full-time city employees engaged in any outside employment for any person, firm,
corporation or entity other than the city, or any of its agencies or instrumentalities, shall file,
under oath, an annual report indicating the source of the outside employment, the nature of the
work being done and any amount of money or other consideration received by the employee
from the outside employment. City employee reports shall be filed with the city clerk. The
reports shall be available at a reasonable time and place for inspection by the public. The city
manager may require monthly reports from individual employees or groups of employees for
good cause.
(k) Prohibited investments. No person included in the terms defined in paragraphs (b)(1) through (6)
or a member of the immediate family shall have personal investments in any enterprise, which will create
a substantial conflict between private interests and the public interest.
(l) 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
35
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, 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,
36
during his or her city service or employment. A person participated "indirectly" where
he or she knowingly participated in any way in the particular subject matter through
decision, approval, disapproval, recommendation, the rendering of advice, investigation,
or otherwise, during his or her city service or employment. All persons covered by this
paragraph shall execute an affidavit on a form approved by the city attorney prior to
lobbying any city official attesting that the requirements of this subsection do not
preclude the person from lobbying city officials.
(5) Any person who violates this subsection shall be subject to the penalties provided in
section 8A-2(p).
(q) City attorney to render opinions on request. Whenever any person included in the terms defined in
paragraphs (b)(1) through (6) and paragraph (b)(9) is in doubt as to the proper interpretation or
application of this conflict of interest and code of ethics ordinance, or whenever any person who renders
services to the city is in doubt as to the applicability of the ordinance that person, may submit to the city
attorney a full written statement of the facts and questions. The city attorney shall then render an opinion
to such person and shall publish these opinions without use of the name of the person advised unless the
person permits the use of a name.
END OF SECTION
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EXHIBIT #1
EQUIPMENT COVERED BY AGREEMENT
City of South Miami Equipment Covered by the Agreement
Equipment coverage is subject to change as equipment is retired and/or replaced with new. New
equipment will be covered by the terms and conditions of the agreement with mutual agreement by the City
and Consultant.
Equipment Covered Manufacture
Description Qty Make
Desktop Computers with monitor
134 DELL
Mobile Computers
62 DELL, APPLE
Mobile Handheld Devices i.e. iPads, iPhone or Blackberry
23 APPLE
Multi-Function Network Printers (Copiers)
10 Cannon
Multi-Function Network Printers
3 HP
Color Laser Network Printers
2 Cannon
Color Laser Network Printers
3 HP
Computers Peripherals i.e. printers, scanners
48 HP, Epson, Fujtsu
Servers
29 DELL
Mail Archiver
1 Barracuda
Routers
5 CISCO/HP
Web Filter
1 Barracuda
Network Storage Device
1 HP
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Robotic Tape Back-up
1 DELL
Firewall
3 Barracuda
AS-400
1 IBM
Telephone Private Branch
1 Shortel
Telephone Handsets Mobile types: 230 and 115
84 Shortel
Switches
1 CISCO
Switches
20 HP
Interactive Outdoor KIOSKS (in the procurement stage)
- TBD
Wireless Mesh (in the deployment stage)
- TBD
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EXHIBIT #2
[THIS CONTRACT IS SUBJECT TO THE APPROVAL OF THE CITY
COMMISSION]
VENDOR SERVICES AGREEMENT FOR IT MAINTENANCE AND RELATED
SERVICES
THIS CONTRACT is made between _________________________, a Florida corporation,
(“VENDOR”) and the City of South Miami, a Florida municipal corporation, (“CSM”) through CSM’s
City Manager (who shall hereinafter be referred to as “City”), on this ____ this day of
____________ 2013.
NOW, THEREFORE, in consideration of the mutual promises and agreements hereinafter set
forth, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
1. General Provisions: The VENDOR shall not commence performance of the Scope of Services
(“WORK”), as described in the Attachment “A” to this Contract, until a Notice to Proceed is issued.
2. Contract Documents and Precedence. The Contract Documents shall include the Request for
Proposal, including all attachments and affidavits to the solicitation (“RFP”), the Response to the RFP,
including all attachments and affidavits to the Response (“Response to RFP”), and this agreement,
including all attachments to this agreement (“Contract”). In the event that there is a conflict between
any of the Contract Documents, this Contract shall prevail. In the event that there is a conflict between
the RFP and the Response to RFP, the RFP shall take precedence over the Response.
3. Services. The professional services to be provided by the VENDOR shall be as set forth in the
Scope of the Work, which has been marked as Attachment “A” and made a part of this Contract by
reference.
4. Renewal Option. This Contract may be renewed, at the sole discretion of the City Manager for
the City of South Miami, for an additional period not to exceed a total contract period, including
renewals, of five (5) years.
5. Basis of Compensation. The fees for Services for the WORK are is as set forth on Attachment
“B”, which is attached to this Contract and made a part thereof by reference.
6. Payment and Partial Payments. In the event that the contract price is not a lump sum, the
VENDOR shall submit an original invoice to the City for each payment certifying the percentage of the
WORK completed by the Vendor. The amount of the invoices submitted shall be the amount due for
all WORK performed and unpaid to date, as certified by the Vendor The initial invoice shall include
VENDOR’s W-9 and if the information on the form should change, a updated W-9 shall be provided
with the next invoice following the change. The amount of the invoices submitted shall be the amount
due for all WORK performed to date, as certified by the Vendor. The request for payment shall include
40
the following information:
a) IT MAINTENANCE AND RELATED SERVICES Project Name and Vendor’s Name.
b) Total Contract amount (Vendor’s lump sum negotiated), if applicable.
c) Amount previously billed.
d) Amount due this invoice.
e) Balance remaining for term of the Contract.
f) Summary of work done this billing period.
g) Vendor’s Invoice number and date.
h) Vendor’s W-9
7. Right of Decisions. All services shall be performed by the VENDOR 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 Contract, the prosecution and fulfillment of the services, and the
character, quality, amount and value and the City’s 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 VENDOR does not concur in the judgment of the
representative City as to any decisions made by him, he shall present his written objections to the City
Manager and shall abide by the decision of the City Manager, unless the decision is clearly arbitrary and
unreasonable. Any issue that is debatable shall be resolved in favor of the City’s decision.
8. Ownership of Documents. All reports and reproducible documents, and other data developed
by the VENDOR for the purpose of this Contract shall become the property of the City without
restriction or limitation in connection with the owner’s City’s use and occupancy, if any, of the project.
The City may reuse of these documents without the need for consent of the Vendor. When each
individual section or phase, if any, of the WORK under this Contract is complete all of the above
applicable data shall be delivered to the City. All such reports, documents and data shall be delivered to
the City upon demand by the City.
9. Audit Rights. The City reserves the right to audit the records of the VENDOR related to this
Contract 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.
10. Subletting or Assigning. The VENDOR shall not sublet, assign, or transfer any WORK under
this Contract or any of the services to be performed by it hereunder, without the prior written consent
of the City. Any assignment or subcontracting in violation hereof shall be void and unenforceable and
shall be deemed a material breach of this Contract. The VENDOR shall be as fully responsible to the
City for the acts and omissions of its subcontractors and/or assigns, if any, or sub-consultants as it is for
the acts and omissions of people directly employed by it. The VENDOR shall require each
subcontractor or assigns, if any, VENDOR or sub-consultant, approved by the City, to agree in its
contract to observe and be bound to the City by all obligations and conditions of this Contract to which
VENDOR is bound.
11. Personnel. All VENDOR personnel fulfilling the terms of this Contract, shall be employed solely
by the VENDOR and be employees of the VENDOR. VENDOR agrees to pay the following for
VENDOR employees: Wages, Income tax withholdings, Social security withholdings, State
unemployment insurance, Federal unemployment insurance, and Workmen’s compensation insurance.
VENDOR shall train personnel. Personnel not performing up to the standards of the City will be
replaced by the VENDOR immediately.
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12. Lobbyist Representations. The VENDOR warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for the VENDOR, 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 VENDOR 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 these representations, the City shall have the right to annul this contract without liability.
13. Termination of Contract. It is expressly understood and agreed that this contract may be
terminated for the following reasons or conditions:
A. City may terminate this Contract without penalty by declining to issue the Notice to Proceed.
B. The Contract may be canceled at any time by the City without cause, upon a thirty (30) day
written cancellation notice. The VENDOR may terminate this Agreement without cause upon 120 days
written notice to the City. Upon termination, the City shall be entitled to a refund of any monies paid
to VENDOR for work that was not performed. The Vendor shall be entitled to payment equal to the
percentage of the work satisfactorily completed by the Vendor and accepted by the City.
C. Upon notice of such termination, the City shall determine the amounts due to the VENDOR for
services performed up to the date of termination. The VENDOR shall not be entitled to payment for
Work performed after the termination date. The VENDOR shall not be entitled to any lost profits
under any circumstances.
D. After receipt of a notice of termination, and except as otherwise directed, the VENDOR shall
stop all Work under this Agreement, as of the date specified in the notice of termination and if no date
is specified, than on and after the 121st day following the receipt of the notice of termination.
E. The City may terminate this Agreement upon five (5) days written notice if the VENDOR
defaults on any material term of this Agreement as determined in the City, in the City’s sole and
absolute discretion, provided the determination is not arbitrary.
F. The CSM shall not be required to pay the Vendor until it has delivered to the City all the
documents and data relevant to the Work. The Vendor shall accept the payment as full payment for its
goods and services rendered pursuant to the terms and conditions of the Contract.
G.
14. Notice of Claims. If the VENDOR has a claim arising out of this Contract and/or the Work
contemplated by or performed pursuant to this Contract, a Notice of Claim shall be made in writing and
delivered to the City within twenty one (21) days of the date when the VENDOR knew or should have
known of the claim.
A. Any claim for which a Notice of Claim is not timely filed shall be deemed waived.
B. In any event, the VENDOR shall not be entitle to delay damages or consequential damages and
his sole compensation for a Default by the City shall be termination of the Contract and/or
compensation provided by this Contract for any completed services. In the event partial payment has
been made for such services not completed, the VENDOR shall return such sums to the City within ten
(10) days after notice that said sums are due.
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15. Insurance and Indemnification. The VENDOR shall comply with all requirements set forth in the
City’s standard insurance and indemnification requirements, as set forth in the attached Attachment “C”
16. Codes, Ordinances and Laws. VENDOR agrees to provide its services during the term of this
Contract in accordance with all applicable laws, rules, regulations, and health and safety standards of the
federal, state, county and City, which may be applicable to the service being provided.
A. The VENDOR 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 solicitation applicable to this
Contract. VENDOR shall comply with the Drug Free Workplace policy set forth in the CSM
solicitation for this Contract, which is made a part of this Contract by reference.
B. The City of South Miami's hiring practices strive to comply with all applicable federal regulations
regarding employment eligibility and employment practices. Thus, all individuals and entities seeking to
do work for the City are 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. 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 or other lawful work permit for each person employed in the performance of work 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
compliance with the applicable laws and/or regulations.
17. Taxes VENDOR shall be responsible for all payments of federal, state, and/or local taxes related
to the Work, inclusive of sales tax if applicable.
18. Independent Contractor. VENDOR is an independent entity under this Contract and nothing
herein shall be construed to create a partnership, joint venture, or agency relationship between the
parties.
19. Licenses and Certifications. VENDOR shall secure all necessary business and professional
licenses at its sole expense prior to executing the Contract.
20. Entirety of Contract. This Contract constitutes the entire agreement of the parties and
supersedes any prior agreements, understandings, representation or negotiation, written or oral, with
reference to the subject matter hereof that are not merged herein and superseded hereby. No
alteration, change, amendment or modification of the terms of this Contract shall be valid unless made
in writing and signed by both parties hereto, and approved by the City Commissioner if required by
municipal ordinance or charter. This Contract shall be binding upon and inure to the benefit of the
CSM and VENDOR and to their respective heirs, successors and assigns.
21. Jury Trial. City and VENDOR knowingly, irrevocably, voluntarily and intentionally waive any
right either of them 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 the Contract Documents or the performance
of the Work thereunder.
22. Attorney Fees. In the event of any litigation between the parties arising out of or relating in any
way to this Contract or a breach thereof, each party shall bear its own costs and legal fees.
43
23. Non-Waiver of Sovereign Immunity. Notwithstanding anything contained in the Contract to the
contrary, nothing in this Contract nor any statement, act or omission of a City officer, Commission
member or employee, shall be construed to be a waiver of the City’s right to the protection of
sovereign immunity.
24. Validity of Executed Copies. This Contract may be executed in several counterparts, each of
which may be construed as an original.
25. Rules of Interpretation. Throughout this Contract the male pronoun may be substituted for
female and neuter and the singular words substituted for plural and plural words substituted for singular
wherever applicable. Any heading preceding the text of the paragraphs of this Contract are inserted
solely for the convenience of reference and shall not constitute a part of this Contract nor shall they
affect its meaning, construction or effect. This Contract shall not be construed more strongly against
either party hereto, regardless of who was more responsible for its preparation.
26. Severability. If any term or provision of this Contract or the application thereof to any person
or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Contract, 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 term and provision of this Contract shall
be valid and enforceable to the fullest extent permitted by law.
27. Non-Waiver. City and VENDOR agree that no failure to exercise and no delay in exercising any
right, power or privilege under this Contract on the part of either party shall operate as a waiver of any
right, power, or privilege under this Contract. No waiver of this Contract, 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 Contract. Any waiver of any
term, condition or provision of this Contract 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.
28. No Discrimination. No action shall be taken by the VENDOR which would discriminate against
any person on the basis of race, creed, color, national origin, religion, age, sex, familial or marital status,
ethnicity, sexual orientation or disability.
29. Equal Employment. In accordance with Federal, State and Local law, the VENDOR shall not
discriminate against any employee or applicant for employment because of race, color, ethnicity, religion,
sex, sexual orientation, national origin or disability. The VENDOR shall comply with all aspects of the
Americans with Disabilities Act (ADA) during the performance of this contract. The VENDOR shall
take affirmative action to ensure that such discrimination does not take place and the VENDOR shall
ensure that the foregoing provisions are included in all subcontracts or contracts for any work covered
by this Contract so that such provisions will be binding upon each subcontractor.
30. Governing Laws. This Contract 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.
31. Effective Date. This Contract shall not become effective and binding until it has been executed
by both parties hereto and the effective date shall be the date of its execution by the last party so
executing it.
44
32. 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 Contract 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.
33. 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 the Contract.
34. Ownership of Preliminary and Final Records. All preliminary and final documentation and
records shall become and remain the sole property of the CSM. The Vendor shall maintain original
documents thereof for its records and for its future professional endeavors and provide reproducible
copies to the CSM. In the event of termination of the agreement, the Vendor shall cease work and
deliver to the CSM all documents (including reports and all other data and material prepared or
obtained by the Vendor in connection with the CSM IT Maintenance and Related Services RFP.
35. Time of Essence. Time shall be of the essence with regard to all action to be taken under the
terms of this Contract and no extension of time shall be allowed unless the extension of time is
provided for in a writing signed by the other party.
36. No Remedy Exclusive. 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
Contract or hereafter existing at law, in equity or by statute.
37. Force Majeure. Neither party hereto shall be in default for the failure to perform its obligations
under this Contract 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
(hereinafter referred to as “force majeure”). Each party shall notify the other of any such force majeure
within ten (10) days of the occurrence. Neither party shall hold the other responsible for damages or
for delays in performance caused by force majeure which may include weather conditions affecting
performance, floods, epidemics, war, riots, strikes, lockouts, or other industrial disturbances, or protest
demonstrations. Should such acts or circumstances occur, the parties shall use their best efforts to
overcome the difficulties and to resume the work as soon as reasonably possible.
38. Project Records. The City shall have right to inspect and copy during regular business hours at
City’s expense, the books and records and accounts of Vendor which relate in any way to the Project,
and to any claim for additional compensation made by VENDOR, and to conduct an audit of the financial
and accounting records of Vendor which relate to the Project. Vendor shall retain and make available to
City all such books and records and accounts, financial or otherwise, which relate to the Project and to
any claim for a period of three (3) years following final completion of the Project. During the Project
and the three (3) year period following final completion of the Project, Vendor shall provide City access
to its books and records upon five (5) business day’s written notice.
39. ACCESS TO PUBLIC RECORDS. Vendor and all of its subcontractors are required to comply
with public records laws (s.119.0701) and the Vendor agrees to incorporate this paragraph in all of its
subcontracts for the Work. Vendor and its subcontractors are specifically required to:
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a. Keep and maintain public records that ordinarily and necessarily would be required by the public
agency in order to perform the service.
b. Provide the public with access to public records on the same terms and conditions that the public
agency would provide the records and 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.
d. Meet all requirements for retaining public records and transfer, at no cost, to the public agency all
public records in possession of the VENDOR upon termination of the contract and destroy any
duplicate public records that are exempt or confidential and exempt from public records disclosure
requirements. All records stored electronically must be provided to the public agency in a format that is
compatible with the information technology systems of the public agency.
e. If Vendor or its sub VENDOR does not comply with a public records request, the City shall have
the right to enforce this contract provision by specific performance and the person who violates this
provision shall be liable to City for its costs of enforcing this provision, including attorney fees incurred
in all proceedings, whether administrative or civil court and in all appellate proceedings. The City shall
also have the right to immediately terminate this Agreement for the refusal by the VENDOR to comply
with Chapter 119, Florida Statutes.
f. The VENDOR shall retain all records associated with this Agreement for a period of three (3)
years from the date of Termination or as otherwise required by Chapter 119.
40. Notices. Any notices, reports or other written communications from either party shall be
considered delivered when received by the other party or its authorized representative. Whenever
notice shall be required or permitted herein, it shall be delivered in such a manner that there is written
proof of delivery (including electronic, digital or other similar record that is capable of being produced)
including but not limited to certified mail with a return receipt, hand delivery, e-mail, facsimile
transmission or other type of transmission that provides a record of transmission and receipt. Certified
mail shall be sent with return receipt requested and shall be deemed delivered on the date shown on
the postal delivery confirmation or the date shown as the date same was refused or unclaimed. Hand
deliver to the City shall not be sufficient notice for any purpose unless a copy of the notice is produced
with the official City Clerk’s date and time stamp appearing upon it. 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:
City Manager, Steven Alexander
6130 Sunset Dr.
South Miami, FL 33143
Fax: _____________________
E-mail: ____________________
With copies by U.S. mail to:
City Attorney, Thomas Pepe, Esquire
6130 Sunset Dr.
South Miami, FL 33143
Tel: (305) 667-2564
Fax: (305) 341-0584
E-mail: tpepe@southmiamifl.gov
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To CONSULTANT/VENDOR:
IN WITNESS WHEREOF, the parties have set their hands on the date set forth below their name.
Witness: _______________________ VENDOR: ________________________
By: ___________________________
Dated: __________________
ATTESTED: OWNER: CITY OF SOUTH MIAMI
By: _______________________
Steven Alexander, City Manager
By: _______________________________
Maria M. Menendez, CMC
City Clerk Dated: __________________
Read and Approved as to Form, Language,
Legality and Execution thereof:
By: ________________________
Thomas F. Pepe, Esq.
City Attorney
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ATTACHMENT “A”
SCOPE OF SERVICES
As published in City of South Miami’s RFP #IT-2014-01
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ATTACHMENT “B”
PRICE PROPOSAL SHEET
“TO BE SUPPLIED BY PROPOSER”
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ATTACHMENT “C”
INSURANCE AND INDEMNIFICATION
1.1 Insurance -
A. Without limiting its liability, the vendor, 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.
2.1 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:
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 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 Contact. This insurance
shall be maintained for four years after completion of the construction and
acceptance of any Project covered by this Contact. However, the FIRM may
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purchase Specific Project Professional Liability Insurance, in the amount and
under the terms specified above, which is also acceptable.
B. 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.
C. 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;
• Automobile Liability: $1,000,000 each accident/occurrence.
• Umbrella: $1,000,000 per claim
D. Umbrella 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:
(1) Premises and Operation
(2) Independent Contractors
(3) Products and/or Completed Operations Hazard
(4) Explosion, Collapse and Underground Hazard Coverage
(5) Broad Form Property Damage
(6) Broad Form Contractual Coverage applicable to this specific Contract,
including any hold harmless and/or indemnification agreement.
(7) 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.
E. Business Automobile Liability with minimum limits of One Million Dollars
($1,000,000.00) plus an additional Two Million Dollar ($2,000,000.00) umbrella
per occurrence combined single limit for Bodily Injury Liability and Property
Damage Liability. Umbrella coverage must be afforded on a form no more
restrictive than the latest edition of the Business Automobile Liability policy,
without restrictive endorsements, as filed by with the state of Florida, and must
include:
(1) Owned Vehicles.
(2) Hired and Non-Owned Vehicles
(3) Employers' Non-Ownership
3.1 SUBCONTRACTS:
The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract shall
contain the same insurance provision as set forth in section 5.1 above and 5.4 below and
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substituting the word SUBCONTRACTOR for the word FIRM and substituting the word FIRM
for CITY where applicable.
4.1 Fire and Extended Coverage Insurance (Builders’ Risk), IF APPLICABLE:
A. In the event that this contract involves the construction of a structure by the FIRM, the
FIRM shall maintain, with an Insurance Company or Insurance Companies acceptable to the
CITY, "Broad" form/All Risk Property Insurance on buildings and structures, while in the
course of construction, including foundations, additions, attachments and all permanent
fixtures belonging to and constituting a part of said buildings or structures. The policy or
policies shall also cover machinery, if the cost of machinery is included in the Contract, or
if the machinery is located in a building that is being renovated by reason of this contract.
The amount of insurance must, at all times, be at least equal to the replacement 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 Section 5.4 herein below shall apply to this coverage
unless it would be clearly not applicable.
5.1 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. The
CITY shall have the option, but not the duty, to pay any unpaid premium and the right to
terminate or cancel the policy thereafter without notice to FIRM or liability on the part of
the CITY to the FIRM for such cancellation.
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.
D. Before starting the Work, the FIRM shall deliver to the CITY and FIRM 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 must provide a “certified copy” of the Policy (as defined in Article 1 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:
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(1) an endorsement to the policy stating:
“The City of South Miami is an additional named insured with the right but not the
obligation to pay any unpaid premium and providing that the city does not have
any duty or obligation to provide first notice of claim for any liability it incurs and
that arises out of the acts, omissions or operations of the named insured. The
insurer will pay all sums that the City of South Miami becomes legally obligated to
pay as damages because of ‘bodily injury”, ‘property damage’ , or ”personal and
advertising injury” and it will provide to the City all of the coverage that is
typically provided under the standard Florida approved forms for commercial
general liability coverage A and coverage B”;
(2) an endorsement that states:
“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 20 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.”
6.1 Indemnification
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 agrees to 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
incidental there to, 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, which arises out of or is concerning the use of CITY property or the service,
operation or performance of any work that is being performed for the CITY or of any event
that is occurring on the CITY's property.
C. The FIRM shall pay all 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.
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
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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.
END OF DOCUMENT