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8THE CITY Of' I'I.EASANT LIVING To: FROM: DATE: SUBJECT: BACKGROUND: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Honorable Mayor & Members of the City Commission Steven Alexander, City Manager Agenda item No.: g April 18, 2017 A Resolution authorizing the City Manager to enter into a multi-year professional services agreement with AMEC Foster Wheeler for consulting services to improve the City's score in the Community Rating System (CRS) program. The Community Rating System (CRS) is a program that helps to reduce damage to insurable building, saves lives, and reduces the cost of flood insurance for policy holders. The City of South Miami recognizes the importance of this program to ensure residents are better protected and the cost of flood insurance is reduced even further. As such we prepared a proposal to provide CRS Program Support services and for an upcoming Modification Visit to lower the City's CRS classification from 7 to 6 or better. This reduction in the rating will be beneficial to our residents. The City issued a Request for Qualifications (RFQ) to review the City's current Community Rating System (CRS) Program and prepare the City to improve its CRS classification from 7 to 6, in accordance with Florida Statute 287.055, "Consultants Competitive Negotiation Act." Two (2) proposals were received in response to the RFQ. The scope is detailed on page 38 of the RFQ. A selection committee, comprised of Shari Kamali/Deputy City Manager, Jane Tompkins/Planning Director and Chairperson, Marcus Lightfoot/Senior Planner, reviewed, scored and ranked the respondents on January 18, 2017. Based on the final scores and rankings, the selection committee recommended AMEC Foster Wheeler for contract negotiations. The combined final rankings are below: Selection Committee: FINAL RANKINGS -January 18,2017 Evaluator AMEC Foster CRS Max Wheeler Consultants Shari Kamali 91 78 Jane Tompkins 100 75 Marcus Lightfoot 100 90 TOTAL 291 243 THE CITY OF PLEASANT LIVING VENDORS & PROPOSAL AMOUNT: FUND& ACCOUNT: AnACHMENTS: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM As AMEC Foster Wheeler was identified by the Selection Committee as the highest ranked firm, contract negotiations were initiated and successfully completed. Please refer to the consultant contract and fee schedules. Expenditures in the amount of $14,775.00 for consulting services related to this contract shall be charged to Planning and Zoning Department's "Contractual Services" account, account #001.1620.524.3450 which has a balance of $92,875. Resolution RFQ #PL2016-23 Bid Advertising Demand Star Results Pre-bid Sign-in Sheet Bid Opening Report AMEC Foster Wheeler Proposal Selection Committee Final Rankings Professional Services Agreement, AMEC Foster Wheeler Sun-Biz Report 1 RESOLUTION NO: ____ _ 2 A Resolution authorizing the City Manager to enter into a multi-year 3 professional services agreement with AMEC Foster Wheeler for 4 consulting services to improve the City's score in the Community 5 Rating System (CRS) program. 6 WHEREAS, the National Flood Insurance Program's (NFIP) Community Rating 7 System (CRS) is a voluntary program that encourages floodplain management activities 8 that exceed the NFIP minimum requirements; and ' 9 WHEREAS, as a result of these activities, flood insurance premium rates are 10 discounted to reflect the reduced flood risk; and 11 WHEREAS, the City issued a Request for Qualifications (RFQ) to review the 12 City's current CRS Program and prepare the City to improve its CRS classification from 13 7 to 6; and . 14 WHEREAS, a Selection Committee comprised of City staff reviewed the 15 proposals received on January 18,2017; and 16 WHEREAS, the Selection Committee scored and ranked the respondents; and 17 WHEREAS, based on the final scores and rankings, the Selection Committee 18 recommended AMEC Foster Wheeler for Phase II of the Selection Process; and 19 20 WHEREAS, AMEC Foster Wheeler was the highest ranked respondent by the 21 Selection Committee and contract negotiations were initiated and successfully completed; 22 and 23 WHEREAS, expenditures in the amount of $14,775.00 for consulting services 24 rendered by AMEC Foster Wheeler shall be charged to the Planning and Zoning 25 Department "Contractual Services" account, account #001.1620.524.3450 which has a 26 balance of$92,875; and 27 WHEREAS, the professional services agreement with AMEC F6ster Wheeler 28 shall expire after eight months once the Notice to Proceed has been issued. 29 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 30 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 31 Section 1. The City Manager is authorized to enter into a professional service 32 agreement with AMEC Foster Wheeler for professional CRS consulting services which 33 shall expire after eight months once the Notice to Proceed has been issued. A copy of the 34 contract is attached. 35 Section 2. Severability. If any section, clause, sentence, or phrase of this 36 resolution is for any reason held invalid or unconstitutional by a court of competent 37 jurisdiction, this holding shall not affect the validity of the remaining portions of this 38 resolution. Page 1 of2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Section 3. Effective Date: This resolution shall take effect immediately upon enactment. PASSED AND ADOPTED this _ day of ,2017. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION EXECUTION THEREOF CITY ATTORNEY Page 2 of2 COMMISSION VOTE: Mayor Stoddard: Vice Mayor Welsh: Commissioner Edmond: Commissioner Harris: Commissioner Liebman: THE CITY OF. PLfASANT lIVIN9 CITY OF SOUTH MIAMI "Community Rating System Program Services" RFQ #PL20 16-23 Submittal Due Date: December 21, 2016 at lOAM Solicitation Cover Letter The City of South Miami, Florida (hereinafter referred to as "CSM") through its chief executive officer (City Manager) hereby solicits sealed responses to the City's request (hereinafter referred to as "Request for Qualifications" or "RFQ"). The City desires to retain a professional consultant to provide services as required under a non-exclusive professional services contract. Selection of consultants shall be in accordance with Florida Statute 287.055, "Consultants Competitive Negotiation Act." All references in this Solicitation (also referred to as an "Invitation for Proposals" or "Invitation to Bid") to "City" shall be a reference to the City of South Miami or the City Manager (or manager's deSignee), for the City of South Miami as the context warrants or unless otherwise specifically defined. The City is hereby requesting sealed proposals in response to this RFQ #PL20 16-23 titled "Community Rating System Program Services" The purpose of this RFQ is to contract for the services necessary for the completion of the project in accordance with the Scope of Services, Exhibit I,), described in this RFQ (hereinafter referred to as "the Project" or "Project"). Interested persons who wish to respond to this RFQ can obtain the complete RFQ package at the City Clerk's office Monday through Friday from 9:00 A.M. to 4:00 P.M. or by accessing the following webpage: http://www.southmiamifl.gov/ which is the City of South Miami's web address for solicitation information. Proposals are subject to the Standard Terms and Conditions contained in the complete RFQ Package, including all documents li.sted in the RFQ. The Proposal Package shall consist of one (I) original unbound proposal, five (5) additional copies, 3-ring binders are not permitted, and one (I) digital (or comparable medium including Flash Drive, DVD or CD) copy all of which shall be delivered to the Office of the City Clerk located at South Miami City Hall, 6130 Sunset Drive, South Miami, Florida 33143. The entire Proposal Package shall be enclosed in a sealed envelope or container and shall have the following Envelope Information clearly printed or written on the exterior of the envelope or container in which the sealed proposal is delivered: "Community Rating System Program Services," RFQ #PL20 16-23 and the name of the Respondent (person or entity responding to the RFQ). Special envelopes such as those provided by UPS or Federal Express will not be opened unless they contain the required Envelope Information on the front or back of the envelope. Sealed Proposals must be received by Office of the City Clerk, either by mail or hand delivery, no later than I 0:00 AM local time on December 21, 20 16. Hand delivery must be made Monday through Friday from 8 AM to 5 PM to the office of City Clerk. A public opening will take place at 10:00 AM on the same date in the City Commission Chambers located at City Hall, 6130 Sunset Drive, South Miami 33143. Any Proposal received after 10 A.M. local time on said date will not be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be resolved against the person submitting the proposal and in favor of the Clerk's receipt stamp. A Non-Mandatory Pre-Proposal Meeting will be conducted at City Hall in the Commission Chambers located at 6130 Sunset Drive, South Miami, FI 33 143 on December 7, 2016 at lOAM. The conference shall be held regardless of weather conditions. Proposals are subject to the terms, conditions and provisions of this letter as well as to those provisions, terms, conditions, affidavits and documents contained in this RFQ Package. The City reserves the right to reject all responses to this RFQ and to reject all persons who respond to this solicitation, as well as the right of the City to waive any irregularity in the responses to this RFQ or the RFQ procedure and the right to award a continuing service contract to more than one Respondent when they are all of equal rank. Thomas F. Pepe 10113/2016 2 Maria M. Menendez, CMC City Clerk City of South Miami · SCOPE OF SERVICES and SCHEDULE OF VALUES HCommunity Rating System Program Services RFQ" RFQ #PL20 16-23 The Scope of Services and the Schedule of Values, if any, are set forth in the attached EXHIBIT I. Thomas F. Pepe 10113/2016 END OF SECTION 3 SCHEDULE OF EVENTS uCommurtity Rating System Program Services RFQ" RFQ #PL20 16-23 No Event I Advertisement! Distribution of Solicitation & Cone of Silence begins 2 Non Mandatorx Pre-RFO Meeting 3 Deadline to Submit Questions 4 Deadline to City Responses to Questions 5 Deadline to Submit RFQ-Response 6 Projected Announcement of selected Contractor/Cone of Silence ends END OF SECTION Thomas F. Pepe 10/13/2016 4 Date* 1111512016 12/7/2016 12/1212016 1211512016 12/2112016 2/712017 Time* (EST) 1:00 PM 10:00AM 10:00 AM 10:00 AM 10:00 AM 7:00 PM INSTRUCTIONS for RESPONDENT "Community Rating System Program Services RFQ" RFQ #PL20 16-23 IT IS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE THAT THE RESPONSE TO THE SOLICITATION (HEREINAFTER ALSO REFERRED TO AS THE "PROPOSAL" THROUGHOUT THE CONTRACT DOCUMENTS) REACHES THE CITY CLERK ON OR BEFORE THE CLOSING HOUR AND DATE STATED ON THE RFQ FORM. I. Purpose of RFQ. The City of South Miami is requesting proposals pursuant to Florida Statute 287-055 to retain a Consultant under a professional service contract to perform work, in accordance with Exhibit # I "Scope of Services." The City reserves the right to award the contract to the Respondent who is the best qualified pursuant to the "Evaluation and Selection Criteria" set forth in Exhibit #5 and with whom the City Manager is able to negotiate a satisfactory contract that is in the best interest of the City. 2. Qualification of Proposing Firm. Response submittals to this RFQ will be considered from firms normally engaged in providing the services requested. The proposing firm must demonstrate adequate experience, organization, offices, equipment and personnel to ensure prompt and efficient service to the City of South Miami. The City reserves the right, before recommending any award, to inspect the offices and organization or to take any other action necessary to determine ability to perform in accordance with the specifications, terms and conditions. The City of South Miami will determine whether the evidence of ability to perform is satisfactory and reserves the right to reject all response submittals to this RFQ where evidence submitted, or investigation and evaluation, indicates inability of a firm to perform. 3. Deviations from SpeCifications. The awarded firm shall clearly indicate, as applicable, all areas in which the services proposed do not fully comply with the requirements of this RFQ. The decision as to whether an item fully complies with the stated requirements rests solely with the City of South Miami. 4. Designated Contact. The awarded firm shall appoint a person to act as a primary contact with the City of South Miami. This person or back-up shall be readily available during normal work hours by phone, email, or in person, and shall be knowledgeable of the terms of the contract. 5. Precedence of Conditions. The proposing firm, by virtue of submitting a response, agrees that City's General Provisions, Terms and Conditions herein will take precedence over any terms and conditions submitted with the response, either appearing separately as an attachment or included within the Proposal. The Contract Documents have been listed below in order of precedence, with the one having the most precedence being at the top of the list and the remaining documents in descending order of precedence. This order of precedence shall apply, unless clearly contrary to the specific terms of the Contract or General Conditions to the Contract: a) Attachment/Exhibits to Supplementary Conditions b) Supplementary Conditions to Contract, if any c) Addenda to RFQ d) Attachments/Exhibits to RFQ e) RFQ f) Attachment/Exhibits to Contract g) Contract Thomas F. Pepe 10113/2016 5 h) General Conditions to Contract, if any i) Respondent's Proposal 6. Response Withdrawal. After Proposals are opened, corrections or modifications to Proposals are not permitted, but the City may allow the proposing firm to withdraw an erroneous Proposal prior to the confirmation of the proposal award by City Commission, if all of the following is established: a) The proposing firm acted in good faith in submitting the response; b) The error was not the result of gross negligence or willful inattention on the part of the firm; c) The error was discovered and communicated to the City within twenty-four (24) hours (not including Saturday, Sunday or a legal holiday) of opening the proposals received, along with a request for permission to withdraw the firm's Proposal; and d) The firm submits an explanation in writing, signed under penalty of perjury, stating how the error was made and delivers adequate documentation to the City to support the explanation and to show that the error was not the result of gross negligence or willful inattention nor made in bad faith. 7. The terms, provisions, conditions and definitions contained in the Solicitation Cover Letter shall apply to these instructions to Respondents and they are hereby adopted and made a part hereof by reference. If there is a conflict between the Cover Letter and these instructions, or any other provision of this RFQ, the Cover Letter shall govern and take precedence over the conflicting provision(s) in the RFQ. 8. Any questions concerning the Solicitation or any required need for clarification must be made in writing, by lOAM on December 12, 2016 to the attention of Steven P. Kulick at skulick@southmiamifl.gov or via facsimile at (305) 663-6346. 9. The issuance of a written addendum is the only official method whereby interpretation and/or clarification of information can be given. Interpretations or clarifications, considered necessary by the City in response to such questions, shall be issued by a written addendum to the RFQ Package (also known as "RFQ Specifications" or "RFQ") by U.S. mail, e-mail or other delivery method convenient to the City and the City will notify all prospective firms via the City's website. 10. Verbal interpretations or clarifications shall be without legal effect. No plea by a Respondent of ignorance or the need for additional information shall exempt a Respondent from submitting the Proposal on the required date and time as set forth in the public notice. I I. Cone of Silence: You are hereby advised that this Request for Qualifications is subject to the "Cone of Silence," in accordance with Miami-Dade County Ordinance Nos. 98106 and 99-1. From the time of advertising until the City Manager issues his recommendation, there is a prohibition on verbal communication with the City's professional staff, including the City Manager and his staff. All written communication must comply with the requirements of the Cone of Silence. The Cone of Silence does not apply to verbal communications at pre-proposal conferences, verbal presentations before evaluation committees, contract discussions during any duly noticed public meeting, public presentations made to the City Commission during any duly notice public meeting, contract negotiations with the staff following the City Manager's written recommendation for the award of the contract, or communications in writing at any time with any City employee, official or member of the City Commission unless specifically prohibited. A copy of all written communications must be contemporaneously filed with the City Manager and City Clerk. In addition, you are Thomas F. Pepe 10/13/2016 6 required to comply with the City Manager's Administrative Order AO 1-15. If a copy is not attached, please request a copy from the City's Procurement Division. WITH REGARD TO THE COUNTY'S CONE OF SILENCE EXCEPTION FOR WRITTEN COMMUNICATION, PLEASE BE ADVISED THAT, NOTWITHSTANDING THE MIAMI-DADE COUNTY EXCEPTION FOR WRITTEN COMMUNICATION THE COUNTY'S RULES PROHIBITING VERBAL COMMUNICATION DURING AN ESTABLISHED CONE OF SILENCE SHALL, WITH REGARD TO THIS SOLICITATION, ALSO APPLY TO ALL WRITTEN COMMUNICATION UNLESS PROVIDED OTHERWISE BELOW. THEREFORE, WHERE THE CITY OF SOUTH MAIMI CONE OF SILENCE PROHIBITS COMMUNICATION, SUCH PROHIBITION SHALL APPLY TO BOTH VERBAL AND WRITTEN COMMUNICATION. Notwithstanding the foregoing, the Cone of Silence shall not apply to ... (I) Duly noticed site visits to determine the competency of bidders regarding a particular bid during the time period between the opening of bids and the time that the City Manager makes his or her written recommendation; (2) Any emergency procurement of goods or services pursuant to the Miami- Dade County Administrative Order 3-2; (3) Communications regarding a particular solicitation between any person and the procurement agent or contracting officer responsible for administering the procurement process for such solicitation, provided the communication is limited strictly to matters of process or procedure already contained in the corresponding solicitation document; and (4) Communications regarding a particular solicitation· between the procurement agent or contracting officer, or their designated secretarial! clerical staff responsible for administering the procurement process for such solicitation and a member of the selection committee therefore, provided the communication is limited strictly to matters of process or procedure already contained in the corresponding solicitation document." 12. Violation of these provisions by any particular Respondent or proposer shall render any recommendation for the award of the contract or the contract awarded to said Respondent or proposer voidable, and, in such event, said Respondent or proposer shall not be considered for any Solicitation including but not limited to one that requests any of the following a proposal, qualifications, a letter of interest or a bid concerning any contract for the provision of goods or services for a period of one year. Contact shall only be· made through regularly scheduled Commission meetings. or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or clarifying information. 13. Lobbying. All firms and their agents who intend to submit, or who submitted, bids or responses for this RFQ, are hereby placed on formal notice that neither City. Commissioners, candidates for City Commissioner or any employee of the City of South Miami are to be lobbied either individually or collectively concerning this RFQ. Contact shall only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or clarifying information. Thomas F. Pepe 10/13/2016 7 14. Reservation of Right. The City anticipates awarding one contract for services as a result of this RFQ and the successful firm will be requested to enter into negotiations to produce a contract for the Project. The City, however, reserves the right, in its sole discretion, to do any of the following: a) to reject any and all submitted Responses and to further define or limit the scope of the award. b) to waive minor irregularities in the responses or in the procedure required by the RFQ documents. c) to request additional information from firms as deemed necessary. d) to make an award without discussion or after limited negotiations. It is, therefore, important that all the parts of the Request'for Qualification be completed in all respects. e) to negotiate modifications to the Proposal that it deems acceptable. f) to terminate negotiations in the event the City deems progress towards a contract to be insufficient and to proceed to negotiate with the Respondent who made the next best Proposal. The City reserves the right to proceed in this manner until it has negotiated a contract that is satisfactory to the City. g) To modify the Contract Documents. The terms of the Contract Documents are general and not necessarily specific to the Solicitation. It is therefore anticipated that the City may modify these documents to fit the specific project or work in question and the Respondent, by making a Proposal, agrees to such modifications and to be bound by such modified documents. h) to cancel, in whole or part, any invitation for Proposals when it is in the best interest of the City. i) to award the Project to the person with the lowest, most responsive, responsible Proposal, as determined by the City. j) to award the Project, and execute a contract with a Respondent or Respondents, other than to one who provided the lowest Proposal Price. k) if the Scope of the Work is divided into distinct subdivisions, to award each subdivision to a separate Respondent. 15. Contingent Fees Prohibited. The proposing firm, by submitting a proposal, warrants that it has not employed or retained a company or person, other than a bona fide employee, contractor or subcontractor, working in its employ, to solicit or secure a contract with the City, and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fid~ employee, contractor or sub-consultant, working in its employ, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of a contract with the City. 16. Public Entity Crimes. A person or affiliate of the Respondent who has been placed on the convicted vendor list pursuant to Chapter 287 following a conviction for a public entity crime may not submit a Proposal on a contract to provide any goods or services, or a contract for construction or repair of a public building, may not submit proposals on leases of real property to or with the City of South Miami, may not be awarded. a contract to perform work as a contractor, sub-contractor, supplier, sub-consultant, or consultant under a contract with the City of South Miami, and may not transact business with the City of South Miami for a period of 36 months from the date of being placed on· the convicted vendor list. Thomas F. Pepe 10113/2016 8 17. Respondents shall use the Proposal Form(s) furnished by the City. All erasures and corrections must have the initials of the Respondent's authorized representative in blue ink at the location of each and every erasure and correction. Proposals shall be signed ,using blue ink; all quotations shall be typewritten, or printed with blue ink. All spaces shall be filled in with the requested information or the phrase "not applicable" or "NA". The proposal shall be delivered on or before the date and time, and at the place and in such manner as set forth in the Solicitation Cover Letter. Failure to do so may cause the Proposal to be rejected. Failure to include any of the Proposal Forms may invalidate the Proposal. Respondent shall deliver to the City, as part of its Proposal, the following documents: a) The Invitation for Proposal and Instructions to Respondents. b) A copy of all issued addenda. c) The completed Proposal Form fully executed. d) Proposal/Bid Bond, (Bond or cashier's check), if required, attached to the Proposal Form. e) Certificates of Competency as well as all applicable State, County and City Licenses held by Respondent f) Certificate of Insurance and/or Letter of Insurability. 18. Goods: If goods are to be provided pursuant to this RFQ the following applies: a) Brand Names: If a brand name, make, manufacturer's trade name, or vendor catalog number is mentioned in this Solicitation, whether or not followed by the words "approved equal", it is for the purpose of establishing a grade or quality of material only. Respondent may offer goods that are equal to the goods described in this Solicitation with appropriate identification, samples and/or specifications for such item(s). The City shall be the sole judge concerning the merits of items proposed as equals. b) Pricing: Prices should be stated in units of quantity specified in the Proposal Form. In case of a discrepancy, the City reserves the right to make the final determination at the lowest net cost to the City. c) Mistake: In the event that unit prices are part of the Proposal and if there is a discrepancy between the unit price(s) and the extended price(s), the unit price(s) shall prevail and the extended price(s) shall be adjusted to coincide. Respondents are responsible for checking their calculations. Failure to do so shall be at the Respondent's risk, and errors shall not release the Respondent from his/her or its responsibility as noted herein. d) Samples: Samples of items, when required, must be furnished by the Respondent free of charge to the City. Each individual sample must be labeled with the Respondent's name and manufacturer's brand name and delivered by it within ten (10) calendar days of the Proposal opening unless schedule indicates a different time. If samples are requested subsequent to the Proposal opening, they shall be delivered within ten (10) calendar days of the request. The City shall not be responsible for the return of samples. e) Respondent warrants by signature on the Proposal Form that prices quoted therein are in conformity with the latest Federal Price Guidelines. f) Governmental Restrictions: In the event any governmental restrictions may be imposed which would necessitate alteration of the material quality, workmanship, or performance of the items offered on this Proposal prior to their delivery, it shall be Thomas F. Pepe 10/13/2016 9 the responsibility of the successful Respondent to notify the City at once, indicating in its letter the specific regulation which required an alteration. The City of South Miami reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel all or any portion of the Contract, at the sole discretion of the City and at no further expense to the City with thirty (30) days advanced notice. g) Respondent warrants that the prices, terms and conditions quoted in the Proposal shall be firm for a period of one hundred eighty (180) calendar days from the date of the Proposal opening unless otherwise stated in the Proposal Form. Incomplete, unresponsive, irresponsible, vague, or ambiguous responses to the Solicitation shall be cause for rejection, as determined by the City. h) Safety Standards: The Respondent warrants that the product(s) to be supplied to the City conform in all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) and its amendments. Proposals must be accompanied by a Materials Data Safety Sheet (M.SD.S) when applicable. 19. Liability, Licenses & Permits: The successful Respondent shall assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, and inspections required by this RFQ and as required by law. The Respondent shall be liable for any damages or loss to the City occasioned by the negligence of the Respondent (or its agent or employees) or any person acting for or through the Respondent. Respondents shall furnish a certified copy of all licenses, Certificates of Competency or other licensing requirement necessary to practice their profession and applicable to the work to be performed as required by Florida Statutes, the Florida Building Code, Miami-Dade County Code or City of South Miami Code. These documents shall be furnished to the City as part of the Proposal. Failure to have obtained the required licenses and certifications or to furnish these documents shall be grounds for rejecting the Proposal and forfeiture of the Proposal/Bid Bond, if required for this Project. 20. Respondent shall comply with the City's Insurance Requirements as set forth in the attached EXHIBIT 4, prior to issuance of any Contract(s) or Award(s) If a recommendation for award of the contract, or an award of the contract is made before compliance with this provision, the failure to fully and satisfactorily comply with the City's bonding, if required for this project, and insurance requirements as set forth herein shall authorize the City to implement a rescission of the Proposal Award or rescission of the recommendation for award of contract without further City action. The Respondent, by submitting a Proposal, thereby agrees to hold the City harmless and agrees to indemnify the City and covenants not to sue the City by virtue of such rescission. 21. Copyrights and/or Patent Rights: Respondent warrants that as to the manufacturing, producing or selling of goods intended to be shipped or ordered by the Respondent pursuant to this Proposal, there has not been, nor will there be, any infringement of copyrights or patent rights. The Respondent agrees to indemnify City from any and all liability, loss or expense occasioned by any such violation or infringement. 22. Execution of Contract: A response to this RFQ shall not be responsive unless the Respondent signs the form of contract that is a part of the RFQ package. The Respondent to this RFQ acknowledges that by submitting a response or a proposal, Respondent agrees to the terms of the form contract and to the terms of the general conditions to the contract, both of which are part of this RFQ package and agrees that Respondent's signature on the Bid Form and/or the form of contract that is a part of the RFQ package Thomas F. Pepe 10/13/2016 10 and/or response to this RFQ, grants to the City the authority, on the Respondent's behalf, to inserted, into any blank spaces in the contract documents, information obtained from the proposal and at the City's sole and absolute discretion, the City may treat the Respondent's signature on any of those documents, for all purposes, including the enforcement of all of the terms and conditions of the contract, as the Respondent's signature on the contract, after the appropriate information has been inserted. 23. Evaluation of Proposals: The City, at its sole discretion, reserves the right to inspect the facilities of any or all Respondents to determine its capability to meet the requirements of the Contract. In addition, the price, responsibility and responsiveness of the Respondent, the financial position, experience, staffing, equipment, materials, references, and past history of service to the City and/or with other units of state, and/or local governments in Florida, or comparable private entities, will be taken into consideration in the Award of the Contract. 24. Drug Free Workplace: Failure to provide proof of compliance with Florida Statute Section 287.087, as amended, when requested shall be cause for rejection of the Proposal as determined by the City. 25. Public Entity Crimes: A person or affiliate who was placed on the Convicted Vendors List following a conviction for a public entity crime may not submit a response on a contract to provide any services to a public entity, may not submit RFQ on leases of real property to a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for a period of 36 months from the date of being placed on the Convicted Vendors List. 26. Contingent Fees Prohibited: The proposing firm must warrant that it has not employed or retained a company or person, other than a bona fide employee, contractor or subcontractor, working in its employ, to solicit or secure a contract with the City, and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee, contractor or sub-consultant, working in its employ, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of a contract with the City. 27. Hold Harmless: All Respondents shall hold the City, its officials and employees harmless and covenant not to sue the City, its officials and employees in reference to its decisions to reject, award,· or not award a contract, as applicable, unless the claim is based solely on allegations of fraud and/or collusion. The submission of a proposal shall act as an agreement by the Respondent that the Proposal/Bid Bond, if required for this project, shall not be released until and unless the Respondent waives any and all claims that the Respondent may have against the City that arise out of this RFQ process or until a judgment is entered in the Respondent's favor in any suit filed which concerns this proposal process. In any such suit, the prevailing party shall recover its attorney's fees, court costs as well as expenses associated with the litigation. In the event that fees, court costs and expenses associated with the litigation are awarded to the City, the Proposal/Bid Bond, if required for this project, shall be applied to the payment of those costs and any balance shall be paid by the Respondent. 28. Cancellation: Failure on the part of the Respondent to comply with the conditions, specifications, requirements, and terms as determined by the City, shall be just cause for cancellation of the Award or termination of the contract. 29. Bonding Requirements: The Respondent, when submitting the Proposal, shall include a Proposal/Bid Bond, if required for this project, in the amount of 5% of the total amount of Thomas F. Pepe 10113/2016 II the base Proposal on the Proposal/Bid Bond Form included herein. A company or personal check shall not be deemed a valid Proposal Security. 30. Performance and Payment Bond: The City of South Miami may require the successful Respondent to furnish a Performance Bond and Payment Bond, each in the amount of 100% of the total Proposal Price, including Alternates if any, naming the City of South Miami, and the entity that may be providing a source of funding for the Work, as the obligee, as security for the faithful performance of the Contract and for the payment of all persons or entities performing labor, services and/or furnishing materials in connection herewith. The bonds shall be with a surety company authorized to do business in the State of Florida. 30.1. Each Performance Bond shall be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to City the completion and performance of the Work covered in the Contract Documents. 30.2. Each Performance Bond shall continue in effect for five year after final completion and acceptance of the Work with the liability equal to one hundred percent (100%) of the Contract Sum. 30.3. Each Payment bond shall guarantee the full payment of all suppliers, material man, laborers, or subcontractor employed pursuant to this Project. 30.4. Each Bond shall be with a Surety company whose qualifications meet the requirements of insurance companies as set forth in the insurance requirements of this solicitation. 30.5. Pursuant to the requirements of Section 255.05, Florida Statutes, Respondent shall ensure that the Bond(s) referenced above shall be recorded in the public records of Miami-Dade County and provide CITY with evidence of such recording. 30.6. The surety company shall hold a current certificate of authority as acceptable surety on federal bonds in accordance with the United States Department of Treasury Circular 570, current revisions. 31. Proposal Guarantee: Notwithstanding the fact that the Respondent, in submitting a proposal, agrees to the terms contained in the form of contract that is part of this RFQ package, the successful Respondent, within ten (10) calendar days of Notice of Award by the City, shall deliver, to the City, the executed Contract and other Contract Documents that prOVide for the Respondent's signature, and deliver to the City the required insurance documentation as well as a Performance and Payment Bond if these bonds are required. The Respondent who has the Contract awarded to it and who fails to execute the Contract and furnish the required Bonds and Insurance Documents within the specified time shall, at the City's option, forfeit the Proposal/Bid Bond/Security that accompanied the Proposal, and the Proposal/Bid Bond/Security shall be retained as liqUidated damages by the City. It is agreed that if the City accepts payment from the Proposal/Bid Bond, that this sum is a fair estimate of the amount of damages the City will sustain in case the Respondent fails to sign the Contract Documents or fails to furnish the required Bonds and Insurance documentation. If the City does not accept the Proposal/Bid Bond, the City may proceed to sue for breach of contract if the Respondent fails to perform in accordance with the Contract Documents. Proposal/Bid Bond/Security deposited in the form of a cashier's check drawn on a local bank in good standing shall be subject to the same requirements as a Proposal/Bid Bond. 32. Pre-proposal Conference Site Visits: If a Mandatory Pre-proposal conference is scheduled for this project, all Respondents shall attend the conference and tour all areas referenced in the Solicitation Documents. It shall be grounds for rejecting a Proposal from a Respondent Thomas F. Pepe 10113/2016 12 who did not attend the mandatory pre-proposal conference. No pleas of ignorance by the Respondent of conditions that exist, or that may hereinafter exist, as a result of failure to make the necessary examinations or investigations, or failure to complete any part of the RFQ Package, will be accepted as basis for varying the requirements of the Contract with the City of South Miami or the compensation of the Respondent. The Respondent, following receipt of a survey of the property, if applicable, is bound by knowledge that can be seen or surmised from the survey and will not be entitled to any change order due to any such condition. If the survey is provided before the proposal is submitted, the contract price shall include the Work necessitated by those conditions. If the survey is provided subsequent to the submission of the proposal, the Respondent shall have five calendar days to notify the City of any additional costs required by such conditions and the City shall have the right to reject the proposal and award the contract to the second most responsive, . responsible bidder with the lowest price or to reject all bids. 33. Time of Completion: The time is of the essence with regard to the completion of the Work to be performed under the Contract to be awarded. Delays and extensions of time may be allowed only in accordance with the provisions stated in the appropriate section of the Contract Documents, including the Proposal Form. No change orders shall be allowed for delays caused by the City, other than for extensions of time to complete the Work. 34. Submittal Requirements: All Proposals shall comply with the requirements set forth herein and shall be in accordance with EXHIBIT I, "Scope of Services" and Exhibit #2 "Supplemental Instructions and Proposal Format for Respondents" which is a part of this RFQ Package. 35. Cancellation of Bid Solicitation: The City reserves the right to cancel, in whole or part, any Request for Qualification when it is in the best interest of the City. 36. Respondent shall not discriminate with regard to its hiring of employees or subcontractors or sub consultants in its purchase of materials or in any way in the performance of its contract, if one is awarded, based on race, color, religion, national origin, sex, age, sexual orientation, disability, or familial status. 37. All respondents, at the time of bid opening, must have fulfilled all prior obligations and commitments to the City in order to have their bid considered, including all financial obligations. Prior to the acceptance of any bid proposal or quotation, the City's Finance Department shall certify that there are no outstanding fines, monies, fees, taxes, liens or other charges owed to the City by the Respondent, any of the Respondent's principal, partners, members or stockholders (collectively referred to as "Respondent Debtors"). A bid, proposal or quotation will not be accepted until all outstanding debts of all Respondent Debtors owed to the city are paid in full. No bidder who is in default of any prior contract with the City may have their bid considered until the default is cured to the satisfaction of the City Manager. 38. Bid Protest Procedure. See attached EXHIBIT 7 39. Evaluation Criteria: If this project is to be evaluated by an Evaluation Committee, the evaluation criteria is attached as EXHIBIT 5. Thomas F. Pepe 1011 3/20 16 END OF SECTION 13 PROPOSAL SUBMITTAL CHECKLIST FORM "Community Rating System Program Services RFQ" RFQ #PL20 16-23 This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented by the deadline set for within the solicitation. Fulfillment of all solicitation requirements listed is mandatory for consideration of response to the solicitation. Additional documents may be required and, if so, they will be identified in an addendum to this RFQ. The response shall include the following items: Attachments and Other Documents described below Check to be Completed x x x x x x x x x x --- IF MARKED WITH AN "X": Completed. One (I) original unbound proposal, five (5) additional copies, 3-ring binders are not permitted, and one (I) digital (or comparable medium including Flash Drive, DVD or CD) copy Supplemental Instructions and Submittal Format for Respondents, EXHIBIT 2 Indemnification and Insurance Documents EXHIBIT 4 Signed Contract Documents, Professional Services Agreement, EXHIBIT 6 Respondents Qualification Statement list of Proposed Sub Consultants/Subcontractors and Principal Suppliers Non-Collusion Affidavit Public Entity Crimes and Conflicts of Interest Drug Free Workplace Acknowledgement of Conformance with OSHA Standards x . Affidavit Concerning Federal & State Vendor listings ---- x Related Party Transaction Verification Form x Presentation Team Declarationl Affidavit of Representation Submit this checklist along with your proposal indicating the completion and submission of each required forms and/or documents. Thomas F. Pepe 1011 3120 16 END OF SECTION 14 RESPONDENT QUALIFICATION STATEMENT "Community Rating System Program Services RFQ" RFQ #PL20 16-23 The response to this questionnaire shall be utilized as part of the CITY'S overall Proposal Evaluation and RESPONDENT selection. I. Number of CRS Flood Plain Mitigation service contracts executed, a) In the past 5 years b) In the past 10 years 2. List the last three (3) CRS Flood Plain Mitigation service contracts executed. CRS/Flood Plain Mitigation a) Services: Entity Name: Entity Address: Entity Telephone: CRS/Flood Plain Mitigation b) Services: Entity Name: Entity Address: Entity Telephone: CRS/Flood Plain Mitigation c) Services: Thomas F. Pepe 10113/2016 Entity Name: Entity Address: Entity Telephone: 15 3. Current workload Project Name Owner Name Telephone Number Contract Price 4. The following information shall be attached to the proposal. a) RESPONDENT's home office organization chart. b) RESPONDENT's proposed project organizational chart. c) Resumes of proposed key project personnel, including on-site Superintendent. 5. List and describe any: a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations, b) Any arbitration or civil or criminal proceedings, or Suspension of contracts or debarring from Bidding or Responding by any public agency brought c) against the Respondent in the last five (5) years 6. Government References: List other Government Agencies or Quasi-Governmental Agencies for which you have done business within the past five (5) years. Name of Agency: Address: Telephone No.: Contact Person: Type of Project: Thomas F. Pepe 10113/2016 16 Name of Agency: Address: Telephone No.: Contact Person: Type of Project: Name of Agency: Address: Telephone No.: Contact Person: Type of Project: Thomas F. Pepe 10113/2016 17 LIST OF PROPOSED SUB CONSUL TANTSI SUBCONTRACTORS AND PRINCIPAL SUPPLIERS "Community Rating System Program Services" RFQ #PL20 16-23 Respondent shall list all proposed sub-consultants/subcontractors. assuming sub-consultants/subcontractors are allowed by the terms of this RFQ to be used on this project if they are awarded the Contract. Classification of Worl< Subcontractor Name Address Telephone, Fax & Email General Engineering Roadway and Drainage Design General Civil Design Structural Environmental Engineering Architectural Services Landscape Architecture Certified Arborists Services Surveying & Mapping Mechanical. Electrical Plumbing (MEP) Construction Management & Construction Engineering Inspection Services (CEI) Other: . . Respondents to this sohcltatlon shall provide and Include this hstlng with their Proposal . Thomas F. Pepe 10113/2016 END OF SECTION 18 NON COLLUSION AFFIDAVIT STATE OF FLORIDA ) ) COUNTY OF MIAMI-DADE ) ______________________ being first duly sworn, deposes and states that: ( I ) . He/She/They is/are the (Owner, Partner, Officer, Representative or Agent) of the Respondent that has submitted the attached Proposal; (2) He/She/They is/are fully informed concerning the preparation and contents of the attached Proposal and of all pertinent circumstances concerning such Proposal; (3) Such Proposal is genuine and is not a collusive or sham Proposal; (4) Neither the said Respondent nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from Bidding or proposing in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Respondent, firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any other Respondent, or to fix any overhead, profit, or cost elements of the Proposal Price or the Proposal Price of any other Respondent, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; (5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any other of its agents, representatives, owners, employees or parties of interest, including this affiant. Signed, sealed and delivered in the presence of: Witness Witness Thomas F. Pepe 10/13/2016 By: ________ _ Date ACKNOWLEDGEMENT 19 Signature Print Name and Title STATE OF FLORIDA COUNTY OF MIAMI-DADE ) ) ) On this the day of , 20 , before me, the undersigned Notary Public of the State of Florida, personally appeared (Name(s) of individual(s) who appeared before notary) and whose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS seal. NOTARY PUBLIC: SEALOF OFFICE: my hand and Notary Public, State of Florida official (Name of Notary Public: Print, Stamp or type as commissioned.) Thomas F. Pepe 1011 3/20 16 20 Personally known to me, or Personal identification: Type of Identification Produced Did take an oath, or Did Not take an oath. PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes -"A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal or bid on a Contract to provide any goods or services to a public entity, may not submit a Bid or proposal for a Contract with a public entity for the construction of repair of a public building or public work, may not submit bids or proposals on leases or real property to a public entity, may not be awarded to perform Work as a RESPONDENT, Sub-contractor, supplier, Sub-consultant, or Consultant under a Contract with any. public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list". The award of any contract hereunder is subject to the provisions of Chapter I 12, Florida State Statutes. Respondents must disclose with their Proposals, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of South Miami or its agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. I. This sworn statement is submitted to [print name of the public entity] by [print individual's name and title] for -----------------------------------------------------------------[print name of entity submitting sworn statement] whose business add re ..... s"'-s ..... is"---________________________________ _ and (if applicable) its _________ (If the the individual Federal Employer Identification Number (FEIN) is entity has no FEIN, include the Social Security Number of signing this sworn statement: ----------'-------------_.) 2. I understand that a "public entity crime" as defined in Paragraph 287.133 (I )(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an Thomas F. Pepe 10/13/2016 21 agency or political subdivision of any other state or of the United States, including, but not limited to , any bid~ proposal or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I) (b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July I, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133 (I) (a), Florida Statutes, means: (a) A predecessor or successor of a person convicted of a public entity crime; or (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in 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. understand that a "person" as defined in Paragraph 287.133 (I) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or proposal or applies to bid or proposal on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. ___ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are Thomas F. Pepe 10/13/2016 22 active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. __ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. [Signature] Sworn to and subscribed before me this day of ____________ , 20 __ Personally known OR Produced identification ---Notary Public -State of ________ _ My commission expires ______________ _ (Type of identification) ______________ _ (Printed, typed or Stamped commissioned Name of notary public _______________ _ Thomas F. Pepe 10113/2016 Form PUR 7068 (Rev.061 I 1/92) 23 DRUG FREE WORKPLACE Whenever two or more Bids or Proposals which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid .or Proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie Bids or Proposals shall be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: I) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that shall be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in Subsection (I). 4) In the statement specified in Subsection (I), notify the employees, that, as a condition of working of the commodities or contractual services that are under Bid, he employee shall abide by the terms of the statement and shall notify the employee of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) business days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. RESPONDENT's Signature: _______________ _ Print Name: Date: Thomas F. Pepe 10113/2016 24 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS TO THE CITY OF SOUTH MIAMI We, , (Name of CONSULTANT), hereby acknowledge and agree that as CONSULTANT for the "Community Rating System Program Services" project as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South Miami and N/A (Consultant) against any and all liability, claims, damages, losses and expenses they may incur due to the failure of (Sub-contractor's names): to comply with such act or regulation. CONSULTANT By: __________________________ __ Name Title Thomas F. Pepe 10113/2016 Witness 25 AFFIDAVIT CONCERNING FEDERAL AND STATE VENDOR LISTINGS The person, or entity, who is responding to the City's solicitation, hereinafter referred to as "Respondent", must certify that the Respondent's name Does Not appear on the State of Florida, Department of Management Services, "CONVICTED, SUSPENDED, DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR LISTINGS". If the Respondent's name Does appear on one or all the "Listings" summarized below, Respondents must "Check if Applies" next to the applicable "Listing." The "Listings" can be accessed through the following link to the Florida Department of Management Services website: http://www.dms.myflorida.com/business operations/state purchasing/vendor informati on/convicted suspended discriminatory complaints vendor lists DECLARATION UNDER PENALTY OF PERJURY I, (hereinafter referred to as the "Declarant") state, under penalty of perjury, that the following statements are true and correct: (I) I represent the Respondent whose name is -,-_____________ _ (2) I have the follOWing relationship with the Respondent (Owner (if Respondent is a sole proprietor), President (if Respondent is a corporation) Partner (if Respondent is a partnership), General Partner (if Respondent is a Limited Partnership) or Managing Member (if Respondent is a Limited Liability Company). (3) I have reviewed the Florida Department of Management Services website at the following URL address: http://www.dms.myflorida.com/business_operations/state_purchasing/vendor _information/convi cted _suspended_discriminatory...:... complaints_vendor _lists (4) I have entered an "x" or a check mark beside each listing/category set forth below if the Respondent's name appears in the list found on the Florida Department of Management Services website for that category or listing. If I did not enter a mark beside a listing/category it means that I am attesting to the fact that the Respondent's name does not appear on the listing for that category in the Florida Department of Management Services website as of the date of this affidavit. Check if Applicable Convicted Vendor List Suspended Vendor List Discriminatory Vendor List Federal Excluded Parties List Vendor Complaint List FURTHER DECLARANT SAYETH NOT. Thomas F. Pepe 10113/2016 (Print name of Declarant) By: ______ ~ ______________ ___ (Signature of Declarant) 26 ACKNOWLEDGEMENT STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) On this the __ day of , 20 , before me, the undersigned authority, personally appeared who is personally know to me or who provided the following identification and who took an oath or affirmed that that he/shelthey executed the foregoing Affidavit as the Declarant. WITNESS my hand and official seal. NOTARY PUBLIC: Thomas F. Pepe 10/13/2016 SEAL 27 Notary Public, State of Florida (Name of Notary Public: Print, Stamp or type as commissioned.) RELATED PARTY TRANSACTION VERIFICATION FORM individually and on behalf of ("Firm") have Name of Representative Company/VendorlEntity read the City of South Miami ("City")'s Code of Ethics, Section 8A-1 of the City's Code of Ordinances and I hereby cerJify, under penalty of perjury that to the best of my knowledge, information and belief: (I) neither I nor the Firm have any conflict of interest (as defined in section 8A-I) with regard to the contract or business that I, and/or the Firm, am(are) about to perform for, or to transact with, the City, and (2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in section 8A-I, who is an employee of the City or who is(are) an appointed or elected official of the City, or who is(are) a member of any public body created by the City Commission, i.e., a board or committee of the City, [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) shall be based solely on the Signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of employees or those who have a financial interest in the Firm.]; and (3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of those persons' immediate family (Le., spouse, parents, children, brothers and Sisters) has transacted or entered into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted with the city, or with any person or agency acting for the city, other than as follows: ________ (use (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (3) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of those who have a financial interest in the Firm.]; and (4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family members (Le., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the contract between you and/or your Firm and the City other than the following individuals whose interest is set forth following their use a separate names: _______________________ __ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be Signed under oath). The names of all City employees and that of all elected and/or appointed city officials or board members, who own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm are as Thomas F. Pepe 10113/2016 28 follows: (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (4) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or appointed official or employee.] (5) I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public, for our personal gain or benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. (6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting for the City, and that we have not appeared in representation of any third party before any board, commission or agency of the City within the past two years other than as follows: -----------------------------------------------------------------(if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). X:\PurchasingWendor Registration\ 12.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx (7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (Le., as a spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows: ___________________________________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members]. (8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons' immediate family (Le., spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has responded to a solicitation by Thomas F. Pepe 10/1 3120 16 29 the City in which I or the Firm that I represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons' immediate family (i.e. spouse, parents, children, brothers and sisters) have also responded, other than the . following: (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (8) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation into the Other Firm, or the Firm he/she represents, as to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those persons' immediate family.] (9) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. (10) A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami-Dade County Commission on Ethics. Under penalty of perjury, I declare that I have made a diligent effort to investigate the matters to which I am attesting hereinabove and that the statements made hereinabove are true and correct to the best of my knowledge, information and belief. Signature: _____________ _ Print Name & Title: ------------------------ Date: --------------- Thomas F. Pepe 10113/2016 30 Sec. 8A-I. -Conflict of interest and code of ethics ordinance. (a) Designation. This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics Ordinance." This section shall be applicable to all city personnel as defined below, and shall also constitute a standard of ethical conduct and behavior for all autonomous personnel, quasi-judicial personnel, advisory personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction. (b) Definitions. For the purposes of this section the following definitions shall be effective: (I) The term "commission members" shall refer to the mayor and the members of the city commission. (2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies, such as the city community redevelopment agency and the health facilities authority. (3) The term "quasi-judicial personnel" shall refer to the members of the planning board, the environmental review and preservation board, the· code enforcement board and such other individuals, boards and agencies of the city as perform quasi-judicial functions. (4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose sole or primary responsibility is to recommend legislation or give advice to the city commission. (5) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads, the city attorney, and all assistants to the city 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 RFQ, a statement of qualifications in response to a request by the city, or entering into contract negotiations for the provision on any goods or services, whichever first occurs. (c) Prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)( I) through (6) and in paragraph (b)(9) shall enter into any contract or transact any business in which that person or a member of the immediate family has a financial interest, direct or indirect with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or position. Nothing in this subsection shall prohibit or make illegal: Thomas F. Pepe 10/1 3/20 16 31 (I) The payment of taxes, special assessments or fees for services provided by the city government; (2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through underwriters or directly from time to time. Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four affirmative, votes of the city commission after public hearing upon finding that: . (I) An open-to-all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2), (3) and (4); (2) The proposal has been submitted by a person or firm offering services within the scope of the practice of architecture, professional engineering, or registered land surveying, as defined by the laws of the state and pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been submitted by a city person defined in paragraphs (b)(2), (3) and (4); (3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself of such property or services without entering a transaction which would violate this subsection but for waiver of its requirements; and (4) That the proposed transaction will be in the best interest of the city. This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a transaction entered in violation of this subsection. Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal any other law pertaining to the same subject matter. (d) Further prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(I) through (6) and in paragraph (b) (9) shall enter into any contract or transact any business through a firm, corporation, partnership or business entity in which that person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city or any person or agency acting for the city, and any such contract, agreement or business engagement entered in violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will also be applicable to this subsection as though incorporated by recitation. Additionally, no person included in the term defined in paragraph (b)( I) shall vote on or participate in any way in any matter presented to the city commission if that person has any of the following relationships with any of the persons or entities which would be or might be directly or indire,ctly affected by any action of the city commission: ( I) Officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or (2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the person defined in paragraph (b)(I) in a manner distinct from the manner in which it would affect the public generally. Any person included in the term defined in paragraph (b)( I) who has any of the specified relationships or who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on or participate in any way in the matter. (E.) Gifts. ( I )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)( I) shall not apply to: Thomas F. Pepe f 01 f 3/20 f 6 . 32 a. Political contributions specifically authorized by state law; b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to the delivery of a gift that is prohibited under paragraph(3); c. Awards for professional or civic achievement; d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising nature. (3) Prohibitions. A person described in paragraphs (b)(I) through (6) shall neither solicit nor demand any gift. It is also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in paragraphs (b)(I) through (6), or for any person included in the terms defined in paragraphs (b)( I) through (6) to accept or agree to accept from another person or entity, any gift for or because of: a. An official public action taken, or to be taken, or which could be taken, or an omission or failure to take a public action; b. A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform a legal duty; c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in paragraph (b)( I); or d. Attendance or absence from a public meeting at which official action is to be taken. (4) Disclosure. Any person included in the term defined in paragraphs (b)(I) through (6) shall disclose any gift, or series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by filing a copy of the disclosure form required by chapter I 12, Florida Statutes, for "local officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the Florida Secretary of State. (f) Compulsory disclosure by employees of firms doing business with the city. Should any person included in the terms defined in paragraphs (b)( I) through (6) be employed by a corporation, firm, partnership or business entity in which that person or the immediate family does not have a controlling financial interest, and should the corporation, firm, partnership or business entity have substantial business commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency, then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city. (g) Exploitation of official position 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)(l) through (6) shall accept employment or engage in any business or professional activity which one might reasonably expect would require or induce one to disclose confidential information acquired by reason of an official position, nor shall that person in fact ever disclose confidential information garnered or gained through an official position with the city, nor shall that person ever use such information, directly or indirectly, for personal gain or benefit. (i) Conflicting employment prohibited. No person included in the terms defined in paragraphs (b)( I) through (6) shall accept other employment which would impair independence of judgment in the performance of any public duties. (j) Prohibition on outside employment. Thomas F. Pepe 10113/2016 33 (I) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an officer or employee of the city from any source other than the city. except as may be permitted as follows: a. Generally prohibited. No full-time city employee shall accept outside employment. either incidental. occasional or otherwise. where city time. equipment or material is to be used or where such employment or any part thereof is to be performed on city time. b. When permitted. A full-time city employee may accept incidental or occasional outside employment so long as such employment is not contrary. detrimental or adverse to the interest of the city or any of its departments and the approval required in subparagraph c. is obtained. c. Approval of department head required. Any outside employment by any full-time city employee must first be approved in writing by the employee's department head who shall maintain a complete record of such employment. d. Penalty. Any person convicted of violating any provision of this subse~tion shall be punished as provided in section I-I I of the Code of Miami-Dade County and. in addition shall be subject to dismissal by the appointing authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation incurred by the city. (2) All full-time dty employees engaged in any outside employment for any person. firm. corporation or entity other than the city. or any of its agencies or instrumentalities. shall file. under oath. an annual report indicating the source of the outside employment. the nature of the work being done and any amount of money or other consideration received by the employee from the outside employment. City employee reports shall be filed with the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city manager may require monthly reports from individual employees or groups of employees for good cause .. (k) Prohibited investments. 'No person included in the terms defined in paragraphs (b)(I) through (6) or a member of the immediate family shall have personal investments in any enterprise which will create a substantial conflict between private interests and the public interest. (I) Certain appearances and payment prohibited. (I) No person included in the terms defined in paragraphs (b)( I). (5) and (6) shall appear before any city board or agency and make a presentation on behalf of a third person with respect to any matter. license. contract. certificate. ruling. decision. opinion. rate schedule. franchise. or other benefit sought by the third person. Nor shall the person receive any compensation or gift. directly or indirectly. for services rendered to a third person. who has applied for or is seeking some benefit from the city or a city agency. in connection with the particular benefit sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question. (2) No person included in the terms defined in paragraphs (b)(2). (3) and (4) shall appear before the city commission or agency on which the person serves. either directly or through an associate. and make a presentation on behalf of a third person with respect to any matter. license. contract. certificate. ruling. decision. opinion. rate schedule. franchise. or other benefit sought by the third person. Nor shall such person receive any compensation or gift. directly or indirectly. for services rendered to a third party who has applied for or is seeking some benefit from the city commission or agency on which the person serves in connection with the particular benefit sought by the third party. Nor shall the person appear in any court or before Thomas F. Pepe 10/13/2016 34 any administrative tribunal as counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such person serves through .the suit in question. (m) Actions prohibited when financial interests involved. No person included in the terms defined in paragraphs (b) (I) through (6) shall participate in any official action directly or indirectly affecting a business in which that person or any member of the immediate family has a financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or indirect interest in any investment, equity, or debt. (n) Acquiring financial interests. No person included in the terms defined in paragraphs (b)( I) through (6) shall acquire a financial interest in a project, business entity or property at a time when the person believes or has reason to believe that the financial interest may be directly affected by official actions or by official actions by the city or city agency of which the person is an official, officer or employee. (0) Recommending professional services. No person included in the terms defined in paragraphs (b)( I) through (4) may recommend the services of any lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation may properly be made when required to be made by the duties of office and in advance at a public meeting attended by other city officials, officers or employees. (p) Continuing application after city service. (I) No person included in the terms defined in paragraphs (b)( I), (5) and (6) shall; for a period of two years after his or her city service or employment has ceased, lobby any city official [as defined in paragraphs (b)(l) through (6)] in connection with any judicial or other proceeding, application, RFP, RFQ, bid, request for ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular subject matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request or application to a city department or agency during the two-year period after his or her service has ceased. (2) The provisions of the subsection shall not apply to persons who become employed by governmental entities, 50 I (c)(3) non-profit entities or educational institutions or entities, and who lobby on behalf of those entities. in their official capacities. (3) The provisions of this subsection shall apply to all persons described in paragraph (p)( I) whose city service or employment ceased after the effective date of the ordinance from which this section derives. (4) No person described in paragraph (p)(I) whose city service or employment ceased within two years prior to the effective date of this ordinance shall for a period of two years after his or her service or employment enter into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)( I) in which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she participated directly or indirectly through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. A person participated "directly" where he or she was substantially involved in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. A person participated "indirectly" where he or she knowingly participated in any way in the particular subject matter Thomas F. Pepe 10113/2016 35 through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment. All persons covered by this paragraph shall execute an affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the requirements of this subsection do not preclude the person from lobbying city officials. (5) Any person who violates this subsection shall be subject to the penalties provided in section 8A-2(p). (q) City attorney to render opinions on request. Whenever any person included in the terms defined in paragraphs (b)( I) through (6) and paragraph (b)(9) is in doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall then render an opinion to such person and shall publish these opinions without use of the name of the person advised unless the person permits the use of a name. (Ord. No. 6-99-/680, § 2. 3-2-99) Editor's note-Ord. No. 6-99-1680, § I, adopted 3-2-99. repealed §§ 8A-1 and 8A-2 in their entirety and replaced them with new §§ 8A-1 and 8A-2. Former §§ 8A-1 and 8A-2 pertained to declaration of policy and definitions, respectively. and derived from Ord. No. 634, §§ I (I A-I), I (I A-2) adopted Jan. II, 1969. Thomas F. Pepe 10113/2016 36 PRESENTATION TEAM OECLARA TION/AFFIOVAIT OF REPRESENTATION This affidavit is not required for compliance with the City's Solicitation; however, it may be used to avoid the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14-2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation before a City certification, evaluation, selection, technical review or similar committee, shall list on an affidavit provided by the City staff, all individuals who may make a presentation. The affidavit shall be filed by staff with the Clerk's office at the time the committee's proposal is submitted to the City Manager. For the purpose of this subsection only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, shall not be required to pay any registration fees. No person shall appear before any committee on behalf of an anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the City Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. Pursuant to '92.525(2), Florida Statutes, the undersigned, ________ , makes the following declaration under penalty of perjury: Listed below are all individuals who may make a presentation on behalf of the entity that the affiant represents. Please note; No person shall appear before any committee on behalf of anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. NAME TITLE For the purpose of this Affidavit of Representation only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, shall not be required to pay any registration fees. The Affidavit of Representation shall be filed with the City Clerk's office at the time the committee's proposal is submitted to the City as part of the procurement process. Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated in it are true and specifically that the persons listed above are the members of the presentation team of the entity listed below Executed this ___ day of _________ " 20_. __ Signature of Representative Print Name and Title Thomas F. Pepe 1011 3/20 16 Print name of entity being represented END OF SECTION 37 BACKGROUND: EXHIBIT#I SCOPE OF SERVICES Community Rating System Program Services RFQ #PL2016-23 The City of South Miami South Miami is a City in Miami-Dade County, Florida, United States. The population was 10,741 at the 2000 census and according to the U.S. Census Bureau for 20 10 it was 11,657. As per Bureau of Economic & Business Research (BEBR) at UF, the City Population for FY 2017 is 13,656. This is the number which will be used for State Revenue Sharing calculations. Total housing units Total: Occupied housing units Owner-occupied housing units Renter-occupied housing units Population in occupied housing units: Owner-occupied housing units Population in occupied housing units: Renter-occupied housing units Occupied housing units Average household size: Owner-occupied Occupied housing units Average household size: Renter-occupied Average household size Average family size 2.46 3.16 7,052 4,507 2.7 2.1 90.82 49.73 41.09 9.25 -3.74 30.59 Pursuant to Florida Statute 287.055, "Consultants Competitive Negotiations Act," the City is seeking to retain a qualified firm to review the City's current Community Rating System (CRS) Program and prepare the City to improve it's CRS classification from 7 to 6. The City, with the completion of a successful CRS program by the Consultant, is expecting implemention strategies from the Consultant to help lower the cost of flood insurance. The City will use a competitive negotiation process in selecting the consultant. Accepted proposals will be evaluated by the City utilizing Exhibit #5, "Evaluation and Selection Criteria." Respondents, deemed as best suited and qualified, shall be selected by a Selection Committee of at least three (3) representatives selected by the City for discussion and/or presentations, ranking and subsequent negotiations with the selected consultant. SCOPE OF WORK: The following provides an overview of the tasks associated for the project and deliverables to be provided by the Consultant: I. Provide an assessment of the City's current CRS program and assist the City in looking for ways to improve the current CRS rating (Improve from a CRS Classification 6 to a CRS Classification 5 or better). Thomas F. Pepe 101/3/2016 38 2. Provide input on the benefits and requirements of developing a comprehensive Program for Public Information (PPI) program. 3. Provide input on the benefits and requirements of developing a Repetitive Loss Area Analysis (RLAA) which includes a study and evaluation of the events leading to flooding of its repetitive loss properties. 4. Prepare for the modification visit in preparation of documentation to support credit for each CRS activity and develop a verification manual. The preparation for a modification visit will include the following: • Review and examine Elevation Certificates to identify any deficiencies (Even those already reviewed by ISO). • Review all current CRS documentation submitted under the Verification Visit. • Work with the City CRSCoordinator to select appropriate CRS Activities for implementation. • Assist the City CRS Coordinator to organize Visit files on each activity. • Assist departmental personnel to prepare key documents and to prepare Visit briefing points as necessary. • Assist City CRS Coordinator on special map requirements, including the impact adjustment. . • ISO is trying to go paperless in their verification visits, so if possible, most of the documentation should be in electronic format. • Attend the City's Modification visit to provide gUidance on how to respond to questions from ISO and to bring up scoring and documentation issues which may arise during that visit. • Assist the city in follow-up documentation required to satisfy the ISO 30- day letter. NOTE: A LINK TO THE CITY'S CURRENT FLOOD ZONE MAP IS REFERENCED AS EXHIBIT #3. PROJECT TIMELINES The Consultant shall complete the project by the end of the current fiscal year, September 30, 2017, or sooner. A Notice to Proceed will be issued by the City to the awarded consultant, which will indicate the kickoff for the project. Thomas F. Pepe 10/13/2016 END OF SECTION 39 EXHIBIT #2 SUPPLEMENTAL INSTRUCTIONS AND SUBMITTAL FORMAT FOR RESPONDENTS Community Rating System Program Services RFQ RFQ #PL20 16-23 SUBMITTAL FORMAT Firms shall prepare their submittals using the following format and should include, but not be limited, to the following: I. Letter of Transmittal a.) This letter will summarize in a brief and concise manner, the respondent's understanding of the scope of work and make a positive commitment to timely perform the work. b.) The letter must name all of the persons authorized to make representations for the respondent including the titles, addresses, and telephone numbers of such persons. An authorized agent of the respondent must sign the Letter of Transmittal indicating the agent's title or authority. The letters should not exceed two pages in length. 2. Statement acknowledging receipt of each addendum issued by the City. 3. Qualifications and experience of the firm(s)/individual(s) who will provide the services. 4. The submission should include: . Thomas F. Pepe 10113/2016 A. Proposal Package and Labeling/Marking Requirements: All submissions shall consist of one (I) unbound original and five (5) copies, 3-ring binders are not permitted. One (I) digital or comparable medium including Flash Drive, DVD or CD copy is ALSO required. Submission packages shall be tabbed according to a Table of Contents. The original and all copies shall be clearly marked accordingly as "original" or "copy." The digital copy and the five (5) copies must be exact duplicates of the original submission. FAILURE TO PROVIDE EXACT COPIES SHALL RESULT IN SUBMITTAL BEING DESIGNATED NON-RESPONSIVE. 40 Thomas F. Pepe 10113/2016 B. Title Page Show the name of Respondent's agency/firm, address, telephone number, and name of contact person, email address, date, and the subject: "Community Rating System Program Services RFQ," RFQ #PL2016-23. C. Table of Contents Include a clear identification of the material by section and/or by page number. D. Qualification Statement The Qualification Statement shall be written in sufficient detail to permit the City to conduct a meaningful evaluation of the proposed services. The Qualification Statement should be delivered in two parts. The first part is the technical submittal that shall consist of subsections (I) through (5) where subsections (I) through (3) shall be no more than 10 pages single-sided. Where (I) through (3) contain more than the 10 page limit, the evaluation committee shall be instructed to disregard all pages in excess of the limitation. The second part is all standard forms fully executed by an authorized officer of the Respondent. The technical submittal should be divided into subsections as described below. I. Executive Summary: a. Provide a brief summary describing the Respondent's approach to the work called for by the RFQ and ability to perform the work requested; the Respondent's background and experience in providing similar services. This summary should be brief and concise to advise the reader of the basic services offered, experience and Proposal of the Respondent, staff and any other relevant information. A Project/Client Manager should be provided and assigned to manage all aspects of this work. 2. Respondent's Experience: a. Describe the Respondent's organization; history and background; principals, officers, owners, board of directors and/or trustees; the primary markets served; the total current number of employees; the current number of professional employees by classification; and state the number of years that the Respondent has been in business. 3. Respondent's Past Performance: a. Provide a detailed description of comparable contracts (similar in scope of services to those requested herein) which the Respondent has either ongoing or completed within the past five (5) years. The description should identify for each project (I) the client, (2) description of work, (3) total dollar value of the contract, (4) contract duration, (5) customer contact person and phone number of reference, (6) statement or notation of whether Respondent is/was 41 the prime Consultant or subcontractor or sub-consultant, and (7) the results of the project. 4. Organization Chart: a. Provide an organization chart showing all key individuals (including the Project/Client Manager) assigned to their area of responsibility, including their company, title, years of experience and years employed in current title at present or former firms. This chart must clearly identify the Respondent's employees and those of the sub- consultants. Provide professional licenses on pertinent key personnel (including sub-consultants) to be assigned for the services of this RFQ. 5. Fulfillment of All Solicitation Documents: a. Respondents shall submit all forms and documents listed in the "Proposal Checklist Submittal Form/' This checklist indicates the forms and documents required to be submitted for· this solicitation and to be presented by the deadline set for within the solicitation. Fulfillment of all solicitation requirements listed is mandatory for consideration of response to the solicitation. Note: Confidential and Proprietary Information. Trade secrets or proprietary information submitted by Respondents in connection with this pre-qualification process may be subject to the disclosure under Chapter I 19, F.S., unless such information is specifically exempted or categorized as confidential in that Chapter or another section of the Florida Statutes. However, respondents must invoke the protections of any such section(s) within 24 hours of notice that a public records request for such information has been made and if Respondent invokes an alleged right to an exemption or declares the information to be confidential, Respondent shall provide written justification including a citation to the specific statutory authority relied upon and the reasonS why it applies to the records being requested. Failure to abide by this procedure may result in disclosure of the Respondent's information and Respondent agrees that the City shall not be liable to Respondent for disclosure under such circumstances. Furthermore, if a Respondent objects to production of the documents, Respondent agrees to indemnify and hold the City harmless from any and all costs and expense incurred by the City, including City's attorney fees, in defending an action filed to obtain said records, as well as any damage award against the City, including the attorney fees of any of the parties in such suit and appeal. Thomas F. Pepe 10113/2016 END OF SECTION 42 EXHIBIT #3 City of South Miami Current Flood Zone Map Community Rating System Program Services RFQ #PL20 16-23 Note: The City's Current Flood Zone Map can be accessed through the following link provided below: Thomas F. Pepe 10113/2016 http://www.southmiamifl.gov/documentcenter/view/328 43 1.0 I A. EXHIBIT #4 INSURANCE & INDEMNIFICATION REQUIREMENTS Community Rating System Program Services RFQ #PL20 16-23 INSURANCE & INDEMNIFICATION REQUIREMENTS Insurance Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub-contractor, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. B. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The FIRM shall purchase insurance from and shall maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. 1.02 Firm's Insurance Generally. The FIRM shall provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: 1.03 Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida including Chapter Thomas F. Pepe 10113/2016 44 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. In addition, the policies must include: Employers' Liability at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. 1.04 Commercial Comprehensive General Liability insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1 ,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: • Personal Injury: $1,000,000; • Medical Insurance: $5,000 per person; • Property Damage: $500,000 each occurrence; 1.05 Umbrella Commercial Comprehensive General Liability insurance shall be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1 ,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: (a) Premises and OperatiOri (b) Independent Contractors (c) Products and/or Completed Operations Hazard (d) Explosion, Collapse and Underground Hazard Coverage (e) Broad Form Property Damage (f) Broad Form Contractual Coverage applicable to this specific Contract, including any . hold harmless and/or indemnification agreement. (g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 1.06 Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest ~dition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of Florida, and must include: (a) Owned Vehicles. (b) Hired and Non-Owned Vehicles (c) Employers' Non-Ownership 1.07 SUBCONTRACTS: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract shall contain the same insurance provision as required by of the Firm, other than the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM and substituting the word FIRM for CITY where applicable. 1.08 Fire and Extended Coverage Insurance (Builders' Risk), IF APPLICABLE: A. In the event that this contract involves the construction of a structure, the FIRM shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of construction, including foundations, Thomas F. Pepe 10/13/2016 45 additions, attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies shall also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of the insured property. The policy shall be in the name of the CITY and the Firm, as their interest may appear, and shall also cover the interests of all Subcontractors performing Work. B. All of the provisions set forth in Miscellaneous section herein below shall apply to this coverage unless it would be clearly not applicable. 1.09 Miscellaneous: A If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM shall be responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, in a form satisfactory to the CITY covering the same. C. The policies shall contain waiver of subrogation against CITY where applicable, shall expressly provide that such policy or policies are primary over any other collectible insurance that CITY may have. The CITY reserves the right at any time to request a copy of the required policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY as well as contractual liability provision covering the FIRM'S duty to indemnify the City as provided in this Agreement. D. Before starting the Work, the FIRM shall deliver to the CITY certificates of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy, including the declaration page and all applic;lble endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer shall be rated AVII or better p'er AM. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" ofthe Policy (as defined in Article I of this document) which shall include the declaration page and all required endorsements. In addition, the FIRM shall deliver, at the time of delivery of the insurance certificate, the following endorsements: (I) a policy provision or an endorsement with substantially similar provisions as follows: Thomas F. Pepe 10/1 3/20 16 "The City of South Miami is an additional insured. The insurer shall pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily injury", 'property damage' , or "personal and advertising injury" and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B"; 46 (2) a policy provision or an endorsement with substantially similar provisions as follows: "This policy shall not be cancelled (including cancellation for non-payment of premium), terminated or materially modified without first giving the City of South Miami ten (10) days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification shall be delivered to the City by certified mail, with proof of delivery to the City." E. If the FIRM is providing professional services, such as would be provided by an architect, engineer, attorney, or accountant, to name a few, then in such event and in addition to the above requirements, the FIRM shall also provide Professional Liability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the FIRM shall become legally obligated to pay as damages for claims arising out of the services or work performed by the FIRM its agents, representatives, Sub Contractors or assigns, or by any person employed or retained by him in connection with this Agreement. This insurance shall be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement. However, the FIRM may purchase Specific Project Professional Liability Insurance, in the amount and under the terms specified above, which is also acceptable. No insurance shall be issued by a surplus lines carrier unless authorized in writing by the city at the city's sole, absolute and unfettered discretion. Indemnification Requirement A. The Firm accepts and voluntarily incurs all risks of any injuries, damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of the Firm or anyone acting through or on behalf of the Firm. B. The Firm shall indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or follOWing any litigation, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of the Firm, its contractor/subcontractor or any of their officers, directors, agents, representatives, employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement, incident to it, or resulting from the performance or non-performance of the Firm's obligations under this. AGREEMENT. C. The Firm shall pay all claims, losses and expenses of any kind or nature whatsoever, in connection therewith, including the expense or loss of the CITY and/or its affected Thomas F. Pepe 10/1312016 47 officers, affiliates, employees, successors and assigns, including their attorney's fees, in the defense of any action in law or equity brought against them and arising from the negligent error, omission, or act of the Firm, its Sub-Contractor or any of their agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to or resulting from the performance or non-performance of the Firm's obligations under this AGREEMENT. D. The Firm agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns shall be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the Firm, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing, approving or rejecting any submissions or acts of the Firm, CITY in no way assumes or shares responsibility or liability for the acts or omissions of the Firm, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. E. The Firm has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld. F. However, as to design professional contracts, and pursuant to Section 725.08 (I), Florida Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph shall apply and this subparagraph shall set forth the sole responsibility of the design professional concerning indemnification. Thus, the design professional's obligations as to the City and its agencies, as well as to its officers and employees, is to indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. Thomas F. Pepe 10/13/2016 THIS IS INCLUDED IN THE GENERAL CONDITIONS END OF SECTION 48 EXHIBIT #S EVALUATION AND SELECTION CRITERIA Community Rating System Program Services RFQ #PL20 16-23 Scoring and Ranking Phase I -Competitive Selection-Ranking; maximum 100 points per committee member. Consultant submittals shall be evaluated by the City. Respondents deemed as best suited and qualified shall be selected by a Selection Committee of at least three (3) City representatives for discussion and/or presentations, ranking and subsequent negotiations with the highest ranked consultant. The evaluation factors used for determining qualifications for ranking include: I. Qualifications, competency and technical expertise of the firm and personnel to perform the services in accordance with the Scope of Services: Maximum Points: 40 2. Qualifications of the Project Manager and Project Team: Maximum Points: 30 3. Related Projects/Past Experience: Maximum Points: 20 4. Overall quality and completeness of the submittal: Maximum Points: 10 Phase II -Competitive Negotiations Submittals will be evaluated by a Selection Committee. A ranking of all respondents or short- listed respondents will be determined by the Selection Committee. The Selection Committee may schedule interviews and/or presentations with the "short-list" respondents or, any respondent. A final ranking of all firms or short-listed firms will be submitted to the City Manager for review and approval. The City Manager shall commence negotiations with the first ranked firm. If those negotiations are unsuccessful, negotiations will be opened with the next ranked firm, etc. The City reserves the right to reject all Respondents, to request clarification of information submitted or to request additional information from any Respondent, and to waive any irregularities in any submittal. Thomas F. Pepe 10/13/2016 END OF SECTION 49 EXHIBIT #6 PROFESSIONAL SERVICE AGREEMENT Community Rating System Program Services RFQ #PL20 16-23 THIS AGREEMENT made and entered into this day of ,20_ by and between the City of South Miami, a municipal corporation (hereinafter referred to as Owner or CITY) by and through its City Manager (hereinafter referred to as CITY or City Manager) and who is authorized to do business in the State of Florida, (hereinafter referred to as the "CONSULTANT"). In consideration of the premises and the mutual covenants contained in this AGREEMENT, the parties agree to the following terms and conditions: 1.0 General Provisions 1.1 A Notice to Proceed will be issued by the 'City Manager, or his designee, following the signing of this AGREEMENT. This AGREEMENT does not confer on the CONSULTANT any exclusive rights to perform work on behalf of the Owner other than the work described in one or more Notice to Proceed (hereinafter referred to as the "WORK"), nor does it obligate the Owner in any manner to guarantee work for the CONSULTANT. 1.2 The CITY agrees that it will furnish to the CONSULTANT available data and documents in the CITY possession pertaining to the WORK to be performed under this AGREEMENT promptly after the issuance of the Notice to Proceed and upon written request of the CONSULTANT. 2.0 Scope of Services. The CONSULTANT shall perform the work as set forth in the Scope of Services as described in the Notice to Proceed. 3.0 Time for Completion 3.1 The services to be rendered by the CONSULTANT for any WORK shall be commenced upon receipt of a written Notice to Proceed from the CITY subsequent to the execution of this AGREEMENT and shall be completed within the time set forth in the Notice to Proceed or other document signed by the City Manager, or designee. 3.2A reasonable extension of time will be granted in the event there is a delay on the part of the CITY in fulfilling its part of the AGREEMENT, change of scope of work or should any other events beyond the control of the CONSULTANT render performance of his duties impossible. 4.0 Basis of Compensation: The fees for services of the CONSULTANT shall be determined by one of the follOWing methods or a combination thereof, as mutually agreed upon by the CITY and the CONSULTANT. 4.1 A fixed sum: The fee for a task or a scope ·of work may be a fixed sum as mutually agreed upon by the CITY and the CONSULTANT and if such an agreement is reached, it shall be in writing, signed by the CONSULTANT and the City Manager and attached hereto as ATTACHMENT A: 4.2 Hourly rate fee: If there is no fixed sum or if additional work is requested without an agreement as to a fixed sum, the CITY agrees to pay, and the CONSULTANT agrees to accept, for the services rendered pursuant to this Thomas F. Pepe 1 Oll3f20 16 50 AGREEMENT, fees in accordance with the hourly rates that shall include all wages, benefits, overhead and profit and that shall be in writing, signed by the CONSULTANT and the City Manager and attached hereto as ATTACHME.NT A. 5.0 Payment and Partial Payments. The CITY will make monthly payments or partial payments to the CONSULTANT for all authorized WORK performed during the previous calendar month as set forth in the schedule of payment as set forth in ATTACHME.NT A or, if no schedule of payment exhibit is attached to this AGREEMENT then payment will be made 30 days following the receipt of CONSULTANT's invoice as the work progresses but only for the work actually performed and approved in writing by the City Manager. 6.0 Right of Decisions. All services shall be performed by the CONSULTANT to the satisfaction of the CITY's representative, who shall decide all questions, difficulties and disputes of whatever nature which may arise under or by reason of this AGREEMENT, the prosecution and fulfillment of the services, and the character, quality, amount and value. The representative's decisions upon all claims, questions, and disputes shall be final, conclusive and binding upon the parties unless such determination is clearly arbitrary or unreasonable. In the event that the CONSULTANT does not concur in the judgment of the representative as to any decisions made by him, CONSULTANT shall present his written objections to the City Manager and shall abide by the decision of the City Manager. 7.0 Ownership of· Documents. All reports and reproducible plans, and other data developed by the CONSULTANT for the purpose of this AGREEMENT shall become the property of the CITY without restriction or limitation. 8.0 Audit Rights. The CITY reserves the right to audit the records of the CONSULTANT related to this AGREEMENT at any time during the execution of the WORK and for a period of one year after final payment is made. This provision is applicable only to projects that are on a time and cost basis. 9.0 Truth-in Negotiations: If the contract amount exceeds the threshold amount provided in s. 287.017 for category four, the CONSULTANT shall execute a truth-in- negotiation certificate stating that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of contracting. In such event, the original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the City. determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments must be made within one year following the end of the contract. 10.OSubletting. The CONSULTANT shall not assign or transfer its rights under this AGREEMENT without the express written consent of the CITY. The CITY will not unreasonably withhold and/or delay its consent to the assignment of the CONSULTANT's rights. The CITY may, in its sole discretion, allow the CONSUL TANT to assign its duties, obligations and responsibilities provided the assignee meets all of the CITY's requirements to the CITY's sole satisfaction. The CONSULTANT shall not subcontract this AGREEMENT or any of the services to be provided by it without prior written consent of the CITY. Any assignment or subcontracting in violation hereof shall be void and unenforceable Thomas F. Pepe 10113/2016 51 11.0 Unauthorized Aliens: The employment of unauthorized aliens by the CONSULTANT is considered a violation of Federal Law. If the CONSULTANT knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this AGREEMENT. This applies.to any sub-CONSULTANTs used by the CONSULTANT as well. The CITY reserves the right at its discretion, but does not assume the obligation, to require proof of valid citizenship or, in the alternative, proof of a valid green card for each person employed in the performance of work or providing the goods and/or services for or on behalf of the CITY including persons employed by any independent contractor. By reserving this right, the CITY does not assume any obligation or responsibility to enforce or ensure compliance with the applicable laws and/or regulations. 12.0 Warranty. The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract and that he has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage fee, gifts or any other considerations contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability. ' 13.0 Termination. It is expressly understood and agreed that the CITY may terminate this AGREEEMENT for any reason or no reason and without penalty by either declining to issue Notice to Proceed authorizing WORK, or, if a Notice to Proceed is issued, CITY may terminate this AGREEMENT by written notice to CONSULTANT, and in either event the CITY's sole obligation to the CONSULTANT shall be payment for the work previously authorized and performed in accordance with the provisions of this AGREEMENT. Payment shall be determined on the basis of the work performed by the CONSULTANT up to the time of termination. Upon termination, the CITY shall be entitled to a refund of any monies paid for any period of time for which no work was performed. 14.0 Term. This AGREEMENT shall remain in force until the end of the term, which includes all authorized renewals, or unless otherwise terminated by the CITY. The term of this agreement is three (3) years from the issuance of the Notice to Proceed and one two-year option-to renew. The option to renew is at the discretion of the City Manager. The CITY may terminate the contract without cause following 30 days advanced notice to the CONSULTANT. However, in no event shall the term exceed five (5) years following the issuance of the Notice to Proceed. 15.0 Default. In the event either party fails to comply with the provisions of this AGREEMENT, the aggrieved party may declare the other party in default and notify the defaulting party in writing. If CITY is in default, the CONSULTANT will only be compensated for any completed professional services and CONSULTANT shall not be entitled to any consequential or delay damages. In the event that partial payment has been made for such professional services not completed, the CONSULTANT shall return such sums to the CITY within ten (10) days after notice that said sums are due. In the event of any litigation between the parties arising out of or relating in any way to this AGREEMENT or a breach thereof, each party shall bear its own costs and legal fees. 16.0 Insurance and Indemnification. The CONSULTANT agrees to comply with CITY's Thomas F. Pepe 10113/2016 52 Insurance and Indemnification requirements that are set forth in ATTACHMENT B to this AGREEMENT. 17.0 Agreement Not Exclusive. Nothing in this AGREEMENT shall prevent the CITY from employing other CONSULTANTS to perform the same or similar services. 18.0 Codes, Ordinances and Laws. The CONSULTANT agrees to abide and be governed by all duly promulgated and published municipal, county, state and federal codes, ordinances, rules, regulations and laws which have a direct bearing on the WORK involved on this project. The CONSUL TANTis required to complete and sign all affidavits, including Public Entity Crimes Affidavit form (attached) pursuant to FS 287.133(3) (a), as required by the CITY's solicitation, if any, applicable to this AGREEMENT. 19.0 Taxes. CONSULTANT shall be responsible for payment of all federal, state, and/or local taxes related to the Work, inclusive of sales tax if applicable. 20.0 Drug Free Workplace. CONSULTANT shall comply with CITY's Drug Free Workplace policy which is made a part of this AGREEMENT by reference. 21.0 Independent Contractor. CONSULTANT is an independent entity under this AGREEMENT and nothing contained herein shall be construed to create a partnership, joint venture, or agency relationship between the parties. 22.0 Duties and Responsibilities. CONSULTANT agrees to provide its services during the term of this AGREEMENT in accordance with all applicable laws, rules, regulations, and health and safety standards of the federal, state, and CITY, which may be applicable to the service being provided. 23.0 Licenses and Certifications. CONSULTANT shall secure all necessary business and professional licenses at its sole expense prior to executing the AGREEMENT. 24.0 Entire Agreement. Modification, and Binding Effect: This AGREEMENT constitutes the entire agreement of the parties, incorporates all the understandings of the parties and supersedes any prior agreements, understandings, representation or negotiation, written or oral. This AGREEMENT may not be modified or amended exce'pt in writing, signed by both parties hereto. This AGREEMENT shall be binding upon and inure to the benefit of the City of South Miami and CONSULTANT and to their respective heirs, successors and assigns. No modification or amendment of any terms or provisions of this AGREEMENT shall be valid or binding unless it complies with this paragraph. This AGREEMENT, in general, and this paragraph, in particular, shall not be modified or amended by acts or omissions of the parties. If this AGREEMENT was approved by written resolution of the City Commission, or if such approval is required by ordinance or the City Charter, no amendment to this AGREEMENT shall be valid unless approved by written resolution of the City Commission. 25.0 lury Trial. CITY and CONSULTANT knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of this AGREEMENT or the performance of the Work thereunder. 26.0 Validity of Executed Copies. This AGREEMENT may be executed in several counterparts, each of which shall be construed as an original. 27.0 Rules of Interpretation: Throughout this AGREEMENT the pronouns that are used may be substituted for male, female or neuter, whenever applicable and the singular words substituted for plural and plural words substituted for Singular wherever applicable. Thomas F. Pepe 10113/2016 53 28.0 Severability. If any term or provision of this AGREEMENT or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this AGREEMENT, or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each and every other term and provision of this AGREEMENT shall be valid and enforceable to the fullest extent permitted by law. 29.0 Cumulative Remedies: The duties and obligations imposed by the contract documents, if any, and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONSULTANT by the Contract Documents, if any, and this AGREEMENT and the rights and remedies available to the CITY hereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies aV\lilable at law or in equity, by special guarantee or by other provisions of the Contract Documents, if any, or this AGREEMENT. In order to entitle any party to exercise any remedy reserved to it in this AGREEMENT, or existing in law or in equity, it shall not be necessary to give notice, other than such notice as maybe herein expressly required. No remedy conferred upon or reserved to any party hereto, or existing at law or in equity, shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this AGREEMENT or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time as often as may be deemed expedient. 30.0 Non-Waiver. CITY and CONSULTANT agree that no failure to exercise and no delay, in exercising any right, power or privilege under this AGREEMENT on the part of either party shall operate as a waiver of any right, power, or privilege under this AGREEMENT. No waiver of this AGREEMENT, in whole or part, including the provisions of this paragraph, may be implied by any act or omission and will only be valid and enforceable if in writing and duly executed by each of the parties to this AGREEMENT. Any waiver of any term, condition or provision of this AGREEMENT will not constitute a waiver of any other term, condition or provision hereof, nor will a waiver of any breach of any term, condition or provision constitute a waiver of any subsequent or succeeding breach. The failure to enforce this AGREEMENT as to any particular breach or default shall not act as a waiver of any subsequent breach or default. 31.0 No Discrimination and Equal Employment: No action shall be taken by the CONSULTANT, nor will it permit any acts or omissions which result in discrimination against any person, including employee or applicant for employment on the basis of race, creed, color, ethnicity, national origin, religion, age, sex, familial status, marital status, ethnicity, sexual orientation or physical or mental disability as proscribed by law and that it will take affirmative action to ensure that such discrimination does not take place. The CONSULTANT shall comply with the Americans with Disabilities Act and it will take affirmative action to ensure that such discrimination does not take place. The City of South Miami's hiring practices strive to comply with all applicable federal regulations regarding employment eligibility and employment practices in general. Thus, all individuals and entities seeking to do work for the CITY are Thomas F. Pepe 10/13/2016 54 expected to comply with all applicable laws, governmental requirements and regulations, including the regulations of the United States Department of Justice pertaining to employment eligibility and employment practices. By signing this AGREEMENT, the CONSULTANT hereby certifies under penalty of perjury, to the CITY, that CONSULTANT is in compliance with all applicable regulations and laws governing employment practices. 32.0 Governing Laws. This AGREEMENT and the performance of services hereunder will be governed by the laws of the State of Florida, with exclusive venue for the resolution of any dispute being a court of competent jurisdiction in Miami-Dade County, Florida. 33.0 Effective Date. This AGREEMENT shall not become effective and binding until it has been executed by both parties hereto, and approved by the City Commission if such approval is required by City's Charter, and the effective date shall be the date of its execution by the last party so executing it or if City Commission approval is required by the City's Charter, then the date of approval by City Commission, whichever is later. 34.0 Third Party Beneficiary. It is specifically understood and agreed that no other person or entity shall be a third-party beneficiary hereunder, and that none of provisions of this AGREEMENT shall be for the benefit of or be enforceable by anyone other than the parties hereto, and that only the parties hereto shall have any rights hereunder. 35.0 Further Assurances. The parties hereto agree to execute any and all other and further documents as might be reasonably necessary in order to ratify, confirm, and effectuate the intent and purposes of this AGREEMENT. 36.0 Time of Essence. Time is of the essence of this AGREEMENT. 37.0 Interpretation. This AGREEMENT shall not be construed more strongly against either party hereto, regardless of who was more responsible for its preparation. 38.0 Force Majeure. Neither party hereto shall be in default of its failure to perform its obligations under this AGREEMENT if caused by acts of God, civil commotion, strikes, labor disputes, or governmental demands or requirements that could not be reasonably anticipated and the effects avoided or mitigated. Each party shall notify the other of any such occurrence. 39.0 Subcontracting: If allowed by this AGREEMENT, the CONSULTANT shall be as fully responsible to the CITY for the acts and omissions of its subcontractorslsubconsultants as it is for the acts and omissions of people directly employed by it. All subcontractorslsubconsultants and their agreements, if allowed by this AGREEMENT, must be approved by the CITY. The CONSULTANT shall require each subcontractor, who is approved by the CITY, to agree in the subcontract to observe and be bound by all obligations and conditions of this AGREEMENT to which CONSULTANT is bound. 40.0 Public Records: CONSULTANT and all of its subcontractors are required to comply with the public records law (s.119.070 I) while providing goods and/or services on behalf of the CITY and the CONSULTANT, under such conditions, shall incorporate this paragraph in all of its subcontracts for this Project. Under such condition, CONSULTANT and its subcontractors are specifically required to: (a) Keep and maintain public records reqUired by the public agency to perform the service; (b) Upon request from the public agency's custodian of public records, provide the public Thomas F. Pepe 10/1 3/20 16 55 agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency; and (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: mmenendez@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL 33143. 41.0 Notices. Whenever notice shall be required or permitted herein, it shall be delivered by hand delivery, e-mail (or similar electronic transmission), facsimile transmission or certified mail, with return receipt requested and shall be deemed delivered on the date shown on the e-mail or delivery confirmation for any facsimile transmission or, if by certified mail, the date on the return receipt or the date shown as the date same was refused or unclaimed. If hand delivered to the CITY, a copy must be stamped with the official City receipt stamp showing the date of deliver; otherwise the document shall not be considered to have been delivered. Notices shall be delivered to the following individuals or entities at the addresses (including e-mail) or facsimile transmission numbers set forth below: To CITY: With copies to: Thomas F. Pepe 10/13/2016 City Manager, 6130 Sunset Dr. South Miami, FL 33143 Tel: (305) 668-2510 Fax: (305) 663-6345 E-mail: salexander@southmiamifl.gov City Attorney 6130 Sunset Dr. South Miami, FL 33143 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov 56 To CONSULTANT: 42.0 Corporate Authority: The CONSULTANT and its representative who signs this AGREEMENT hereby certifies under penalty of perjury that the CONSULTANT and its representative have, and have exercised, the required corporate power and that they have complied with all applicable legal requirements necessary to adopt, execute and deliver this AGREEMENT and to assume the responsibilities and obligations created hereunder; and that this AGREEMENT is duly executed and delivered by an authorized corporate officer, in accordance with such officer's powers to bind the CONSULTANT hereunder, and constitutes a valid and binding obligation enforceable in accordance with its terms, conditions and provisions. IN WITNESS WHEREOF, this AGREEMENT was signed on or before the date first above written subject to the terms and conditions set forth herein. ATTESTED: By: M~ria M. Menendez, CMC City Clerk Read and Approved as to Form, Language, Legality and Execution thereof: By: Thomas F. Pepe, Esq. City Attorney Thomas F. Pepe 10113/2016 CONSUL TANT: By: __________________ __ (Print Name Above) City of South Miami By: __________________ __ Steven Alexander City Manager 57 Thomas F. Pepe 10113/2016 ATTACHMENT A "COMPENSATION" PROFESSIONAL SERVICE AGREEMENT . Community Rating System Program Services RFQ #PL20 16-23 58 ATTACHMENT B INSURANCE & INDEMNIFICATION REQUIREMENTS PROFESSIONAL SERVICE AGREEMENT Community Rating System Program Services RFQ #PL20 16-23 1.0 I Insurance A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub-contractor, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. B. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The FIRM shall purchase insurance from and shall maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any' person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. 1.02 Firm's Insurance Generally. The FIRM shall provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: 1.03 Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. Thomas F. Pepe 10113/2016 59 In addition, the policies must include: Employers' Liability at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. 1.04 Commercial Comprehensive General Liability insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1 ,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: • Personal Injury: $1,000,000; • Medical Insurance: $5,000 per person; • Property Damage: $500,000 each occurrence; 1.05 Umbrella Commercial Comprehensive General Liability insurance shall be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1 ,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: (a) Premises and Operation (b) Independent Contractors (c) Products and/or Completed Operations Hazard (d) Explosion, Collapse and Underground Hazard Coverage (e) Broad Form Property Damage (f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. (g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 1.06 Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of Florida, and must include: (a) Owned Vehicles. (b) Hired and Non-Owned Vehicles (c) Employers' Non-Ownership 1.07 SUBCONTRACTS: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract shall contain the same insurance provision as required by of the Firm, other than the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM and substituting the word FIRM for CITY where applicable. 1.08 Fire and Extended Coverage Insurance (Builders' Risk). IF APPLICABLE: A. In the event that this contract involves the construction of a structure, the FIRM shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of construction, including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of said buildings Thomas F. Pepe 10/13/2016 60 or structures. The policy or policies shall also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located, in a building that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of the insured property. The policy shall be in the name of the CITY and the Firm, as their interest may appear, and shall also cover the interests of all Subcontractors performing Work. B. All of the provisions set forth in Miscellaneous section herein below shall apply to this coverage unless it would be clearly not applicable. 1.09 Miscellaneous: A If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM shall be responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option ofthe CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, in a form satisfactory to the CITY covering the same. C. The policies shall contain waiver of subrogation against CITY where applicable, shall expressly provide that such policy or policies are primary over any other collectible insurance that CITY may have. The CITY reserves the right at any time to request a copy of the required policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY as well as contractual liability provision covering the FIRM'S duty to indemnify the City as provided in this Agreement. D. Before starting the Work, the FIRM shall deliver to the CITY certificates of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy, including the declaration page and all applicable endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer shall be rated AVII or better per AM. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as defined in Article I of this document) which shall include the declaration page and all required endorsements. In addition, the FIRM shall deliver, at the time of delivery of the insurance certificate, the following endorsements: a. a policy provision or an endorsement with substantially similar provisions as follows: "The City of South Miami is an additional insured. The insurer shall pay all sums that the City of South Miami becom'es legally obligated to pay as damages because of 'bodily injury", 'property damage' , or "personal and advertising injury" and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B"; b. a policy provision or an endorsement with substantially similar provisions as follows: Thomas F. Pepe 10113/2016 61 "This policy shall not be cancelled (including cancellation for non-payment of premium), terminated or materially modified without first giving the City of South Miami ten (10) days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification shall be delivered to the City by certified mail, with proof of delivery to the City." E. If the FIRM is providing professional services, such as would be provided by an architect, engineer, attorney, or accountant, to name a few, then in such event and in addition to the above requirements, the FIRM shall also provide Professional Liability Insurance on a Florida approved form in the amount of $1 ,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the FIRM shall become legally obligated to pay as damages for claims arising out of the services or work performed by the FIRM its agents, representatives, Sub Contractors or assigns, or by any person employed or retained by him in connection with this Agreement. This insurance shall be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement. However, the FIRM may purchase Specific Project Professional Liability Insurance, in the amount and under the terms specified above, which is also acceptable. No insurance shall be issued by a surplus lines carrier unless authorized in writing by the city at the city's sole, absolute and unfettered discretion. Indemnification Requirement A. The Firm accepts and voluntarily incurs all risks of any injuries, damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of the Firm or anyone acting through or on behalf of the Firm. B. The Firm shall indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of the Firm, its contractor/subcontractor or any of their officers, directors, agents, representatives, employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement, incident to it, or resulting from the performance or non-performance of the Firm's obligations under this AGREEMENT. C. The Firm shall pay all claims, losses and expenses of any kind or nature whatsoever, in connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates, employees, successors and assigns, including their attorney's fees, in the defense of any action in law or equity brought against them and arising from the negligent error, omission, or act of the Firm, its Sub-Contractor or any of their agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, Thomas F. Pepe 10/13/2016 62 or incident to or resulting from the performance or non-performance of the Firm's obligations under this AGREEMENT. D. The Firm agrees and recognizes that neither the CITY nor its officers, affiliates, ~mployees, 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 i.s occurring on the CITY's property. In reviewing, approving or rejecting any submissions or acts of the Firm, CITY in no way assumes or shares responsibility or liability for the acts or omissions of the Firm, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. E. The Firm has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld. F. However, as to design professional contracts, and pursuant to Section 725.08 (I), Florida Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph shall apply and this subparagraph shall set forth the sole responsibility of the design professional concerning indemnification. Thus, the design professional's obligations as to the City and its agencies, as well as to its officers and employees, is to indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. Thomas F. Pepe 10113/2016 THIS IS INCLUDED IN THE GENERAL CONDITIONS END OF SECTION 63 EXHIBIT #7 Community Rating System Program Services RFQ #PL20 16-23 City of South Miami Bid Protest Procedures RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (FORMAL PROCEDURE) The following procedures shall be used for resolution of protested solicitations and awards. The word "bid", as well as all of its derivations, shall mean a response to a solicitation, including requests for proposals, requests for a letter of interest and requests for qualifications. (a) Protest of solicitation. Any actual or prospective bidder who perceives itself to be aggrieved in connection with any formal solicitation or who intends to contest or object to any bid specifications or any bid solicitation shall file a written notice of intent to file a protest with the City Clerk's office within three calendar days prior to the date set for opening of bids. A notice of intent to file a protest is considered filed when received by the City Clerk's office bye-mail or, if hand delivered, when stamped with the City Clerk's receipt stamp containing the date and time of receipt of a notice of intent to file a protest. Any actual responsive and responsible bidder who perceives itself to be aggrieved in connection with the recommended award of a contract and who wishes to protest the award, shall file a written notice of intent to file a protest with the City Clerk's office within three calendar days after. A notice of intent to file a protest is considered filed when received by the City Clerk's office bye-mail or, if hand delivered, when stamped with the. City Clerk's receipt stamp containing the date and time of receipt. (b) Contents of protest. A protest of the solicitation or award must be in writing ("Protest Letter") and submitted to the City Clerk's office within five calendar days after the date of the filing of the notice of protest. Protest Letter is considered filed when the Protest Letter and the required filing fee are received by the City Clerk's office bye-mail or, if hand delivered, when stamped with the City Clerk's receipt stamp containing the date and time of receipt. The Protest Letter shall state with particularity the specific facts and law upon which the protest is based, it shall describe and attach all pertinent documents and evidence relevant and material to the protest and it shall be accompanied by any required filing. The basis for review of the protest shall be the documents and other evidence described in and attached to the Protest Letter and no facts, grounds, documentation, or other evidence not specifically described in and attached to the Protest Letter at the time of its filing shall be permitted or considered in support of the protest. (c) Computation of time. No time will be added to the above time limits for service by mail. The last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday in which event the period shall run until the next day which is not a Saturday, Sunday, or legal holiday. (d) Challenges. The written protest may not challenge the relative weight of the evaluation criteria or any formula used for assigning points in making an award determination, nor shall it challenge the City's determination of what is in the City's best interest which is one of the criteria for selecting a bidder whose offer may not be the lowest bid price. W Authority to resolve protests. The Purchasing Manager, after consultation with the City Attorney, shall issue a written recommendation within ten calendar days after receipt of the written protest. Said recommendation shall be sent to the City Manager with a copy sent to the protesting party. The City Manager may then, submit a recommendation to the City Commission for approval or Thomas F. Pepe 1011 3/20 16 64 disapproval of the protest, resolve the protest without submission to the City Commission, or reject all proposals. (f) Stay of procurement during protests. Upon receipt of a timely and proper written protest filed pursuant to the requirements of this section, the City shall not proceed further with the solicitation or with the award of the contract until the' protest is resolved by the City Manager or the City Commission as provided in subsection (f) above, unless the City Manager makes a written determination that the solicitation process or the contract award must be continued without delay in order to avoid potential harm to the health, safety, or welfare of the public or to protect substantial interests of the City or to prevent youth athletic teams from effectively missing a playing season. Thomas F. Pepe 10/13/2016 END OF DOCUMENT 65 MIAMI DAIL YBUSINESS REVIEW Published Dally except Saturday, Sunday and LegalHolidays Mlanii, Miam~Dad&County, Ftortda STATE OF FLORIDA COUNTY OF MIAMI.OADE: Before the undersigned authority personally appeared MARIA MESA, who on oath says \hat ne or she is the LEGAL CLERK. Legal Nollces of the Miami Daily Business ReYi~w 11k/a Miami Review, a daily (except Saturday, Sunday and legal Holidays) newspaper, pUblished at Miami in Miami-Dade County, Florida; that: the altached copy of advertisement, being a Legal Advertisement of NotJce in the matter of CITY OF SOUTH MIAMI-RFQ#PL2016<23 in the XXXX Court, was published in said newspaper in the Issues of 11118/2016 Affiant further says that the said Miami Dally Business Review is a neWlipapet published at Miami. in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida each day (except SaturdllY, Sunday and' Legal Holidays) and has been entered .as second class mall matter at the posl office in Miami in said Miami-Dade County, Ronda, for a .period of one year next preceding the first publication of the aUaehed copy of advert!semenl;and affiant further says th.at. he. or she has neilher paid nor promised any person, 1irm or corporation any discount, rebale. commission or refund for the PUrpose of securing this .advertisement for Member Name Bid Number Bid Name 4 Document(s) found for this bid 8 Planholder(s) found. Supplier Name Advanced Starlight International Coastal Systems International, Inc Collective Water Resources, LLC Dewberry HW Lochner, Inc. Integrated Solutions Consulting Link Systems LLC M2E LLC City of South Miami RFQ-RFQ #PL2016-23-0-2016/SK Community Rating System Program Services Address 1 113 SW 5th Avenue 464 S. Dixie Hwy 2046 Treasure Coast Plaza 8401 Arlington Blvd 4350 W. Cypress Street 3900 North Freemont 5870 Hummingbird Court 5815 SW 68th St Address 2 Suite A-308 Suite 800 Suite i City State Zip Phone Attributes Portland OR 97205 5032225718 Coral Gables FL 33146 3056613655 Vero Beach FL 32960 7725843573 Fairfax VA 22031 7038490200 Tampa FL 33607 8133573750 Chicago IL 60613 8474776542 1. Small Titusville FL 32780 4074010031 Business Miami FL 33143 3006651700 11 Date: RFQ Title: RFQNo.: (i) South{'Miami THE CITY Of PlEASANHIVINO . Pre ... BidConference Sign;;;.n Sheet J)ecemb~r7, ,20 16 . .. . . . . . Comm\lnity RatingSy~tem Program SerVices.·. X:\PUichasing\Request for Proposals & Qualification (RFPs)\CRSFlood Plain Mana.gement\Pre~bid\Pre-Bjd Meeting Sign-In Sheet RFQ PL2016-23.doc BID OPENING REPORT Bids were opened on: Wednesday, December 21, 2016 after: 11 :OOam :For: Rl?Q # IJW 2016 .. 23 Community Rating System Program Services COMPANIES THAT SUBMITTED PROPOSALS: RECEIVI~D: 1. AMEC FOSTER WHEELER ............................................. . 2. GRS MAX CONSULTANTS, INC ....................... : ............... . THE ABOVE mDS HAVE NOT BEEN CHECKED. THE BIDS ARE SUBJECT TO CORRECTION AFTER THE BIOS HAVE BEEN COM.PLETELY REVIEWED. Maria M. Menendez City Clerk: ___________ _ Print Name Witness:--':"'d.~'h,:==_·v~~'----'-d-'-=-~-4---"'lJ""-=- Print Name Witness:_----:-_~ ________ _ Print Name Signature Proposal for National Flood Insurance Program Community R.~n9 Syalom Coordinator's Manual Community Rating System Program Services City of South Miami RFQ #PL2016-23 Submitted to: City of South Miami Office of the City Clerk 6130 Sunset Drive South Miami, FL 33143 Original Submitted by: Amec Foster Wheeler Environment & Infrastructure, Inc. 4021 Stirrup Creek Drive, Suite 100 Durham, NC 27703 December 21, 2016 December 21. 2016 Ms. Maria M. Menendez, CMC South Miami City Clerk 6130 Sunset Drive South Miami, FL 33143 RE: RFQ # PL 2016-23 Dear Ms. Menendez: ~~"~'l> i_ ~i\ amec ~. foster ,,-- wheeler The Community Rating System (CRS) is a program that helps to reduce damage to insurable buildings, saves lives, and reduces the cost of flood insurance for policy holders. Amec Foster Wheeler Environment & Infrastructure, Inc. is pleased that the City of South Miami recognizes the importance of this program to ensure residents are better protected and the cost of flood insurance is reduced even further. As such we have prepared a proposal to provide CRS Program Support services and for an upcoming Modification Visit to lower the City's CRS classification from 7 to 6 or better. Amec Foster Wheeler has unparalleled experience and a qualified staff to begin assisting the City of South Miami. Our Project Manager, David Stroud, CFM has over 24 years of CRS program experience. For 18 years, he worked directly for FEMA's CRS Program as the Flood Training Coordinator and lead hazard mitigation planner. For the last 7 years, Mr. Stroud has remained as a consultant to the CRS providing ongoing technical support and services including assistance in the development of both the 2013 and upcoming 2017 CRS Coordinator's Manuals. Amec Foster Wheeler is prepared to assist the City of South Miami, FL in their desire to improve their CRS classification under the guidance of the 2013 and 2017 CRS Coordinator's Manuals and to strive to reach a lower CRS classification of 6 or a 20% reduction in flood insurance premiums or even lower classification. All work performed by Amec Foster Wheeler to achieve this goal will be completed within the City's 2017 Fiscal Year ending in September 30th or sooner. Please note that if a Modification visit is required by the Insurance Services Office, Inc. (ISO), the date for this visit is dictated by their work schedule and could occur after September 30th • Amec Foster Wheeler is extremely familiar with the changes to the 2013 CRS Coordinator's Manual and the impact these changes have on local programs along with the updates to the 2017 CRS Coordinator's Manual. Since Amec Foster Wheeler was involved in developing both the 2013 and 2017 Manuals and because Amec Foster Wheeler has represented communities throughout the southeastern US (including in Florida) by utilizing the 2013 standards, we understand areas where credit points are most at risk and which CRS activities may benefit a community for increased credit. The following steps provide an overview of Amec Foster Wheeler'S approach for the project tasks to be performed for the City of South Miami: A. Prepare an assessment of the City's current CRS Program Amec Foster Wheeler will evaluate all current CRS program activities the City is currently receiving credit and first look for other available elements of credit within those existing activities. The next step is to look at other activities of credit and evaluate the appropriateness for implementation. B. Benefits of a Program for Public Information (PPI) A Program for Public Information (PPI) allows a community to think "outside" the box on outreach and prepare its own program outside of what the CRS Program requires. This allows the community to develop an outreach program that best suits its needs and its citizens. Amec Foster Wheeler Environment & Inli'ustructure, Inc 4021 Stirrup Creek Drive, Suite 100 Durhum, North Carolina 27703 Tel 919-381-9900 Fax 919-381-9901 C. Benefits of a Repetitive Loss Area Analysis (RLAA) Amec Foster Wheeler developed the RLAA Model Guidance for the CRS program. The credit has increased from 90 points in 2007 to 140 points in 2013 and will become increasing important when the 2020 CRS Coordinator's Manual is released. By completing this now. the City will be ahead of the rest of the Country in having theirs completed. D. Prepare for Modification Visit Amec Foster Wheeler has been involved in many CRS verification and modification visits on behalf of communities and while working for ISO reviewing the ISO/CRS Specialists' field work from program management standpoint. Therefore. Amec Foster Wheeler is the only firm which has both inside and outside CRS visit experience and the only firm that has a continuing contract with the program including the development of the CRS Coordinator Manuals. This experience will prove valuable in helping South Miami prepare for a Modification Visit and the development of appropriate documentation and impact adjustment mapping. etc. Amec Foster Wheeler will prepare all mapping and GIS functions required to support this project. Additionally. Amec Foster Wheeler will speak up on behalf of South Miami at the Modification visit and answer any questions in support of the documentation. procedures or calculations .. The Amec Foster Wheeler team is ready to begin assisting the City of South Miami in their desire to lower their CRS classification to 6 or better. Should you need any clarification. please contact our Project Manager assigned to this project listed below. David Stroud. CFM David stroud@amecfw com 919-765-9986: Office 919-325-6497: Mobile Amec Foster Wheeler (EnVironment & Infrastructure. Inc.) 4021 Stirrup Creek Drive. Suite 100 Durham. NC 27703 Authorized Representatives Andrew Hadsell. PE. CFM Water Resources Unit Manager Amec Foster Wheeler (Environment & Infrastructure. Inc.) 4021 Stirrup Creek Drive. Suite 100 Durham. NC 27703 Sincerely, Richard Leone, Vice President Office Manager Amec Foster Wheeler (Environment & Infrastructure, Inc.) 4021 Stirrup Creek Drive, Suite 100 Durham, NC 27703 Amec Foster Wheeler Environment & Infrastructure, Inc. Michael Phelps Office Manage Amec Foster Wheeler (Environment & Infrastructure. Inc.) 200 Edgewood Drive. Suite 215 Lakeland, FL 33803 Andrew Hadsell, PE, CFM Water Resources Unit Manager David Stroud, CFM Project Manager Amec Foster Wheeler Environment & InJi-astrllctllre, Inc 4021 Stirrup Creek Drive, Suite 100 Durham, North Carol lila 27703 Tel 919-381-9900 Fax 919-381-9901 ii Table of Contents Transmittal Letter: Page i and ii Statement of Acknowledgement: Pages 1 -3 Title Page: Page 4 Qualification Statement: Page 5 Executive Summary: Pages 5-8 Respondent's Experience: Page 9 Respondent's Past Performance: Pages 10 -15 Organization Chart: Pages 16 -24 Fulfillment of All Solicitation Documents: Pages 25 -62 Community Rating System Program Assistance Amec Foster Wheeler I City of South Miami, Florida ~~ .~. amec r\ foster- wheeler Statement Acknowledging Each Addendum ~1M amec (\ foster--. wheeler Amec Foster Wheeler Environment & Infrastructure acknowledges reciept of two addendums to RFQ NO. PL#2016-23. We have received: Addendum No. # 1 dated November 21, 2016; and Addendum No. # 2 dated December 7, 2016 These 2 Addendum are included on the next two pages. Community Rating System Program Assistance Amec Foster Wheeler I City of South Miami, Florida r71 SoutH'Miami WE CIII' OI-Vl£'!.~~ T liviNG ADDENDUM No. #1 Project Name: Community Rating System Program Services RFQNO. PL#lOI6-23 Date: November 21. 2016 Sent: FaxlE-maiUwebpage This addendum submission is issued to clarify. supplement and/or modify the previously issued Solicitation, and is hereby made part of the Documents. All requirements of the Documents not modified herein shall remain in full force and ,effl;lCt as originally set.forth. It shall be the sole responsibility of the bidder to ~ecure Addendums that may be issued for a specific so~citation. THE SUBMITTAL DUE DATE IS REVISED TO: DECEMBER 2. , 2016 at II :00 AM IT SHALL BE THE SOLE R,ESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. Pugo: I of I Community Rating System Program Assistance Amec Foster Wheeler I City of South Miami, Florida ~. amec [\ foster - wheeler , (' ADDENDUM No. #2 Project Name: Community Rating System Program Services RFQNO. Pl#2016-23 Date: December 7. 2016 Sent FaxIE-maillwebpage This addendum submission is issued to clarify. supplement and/or modify the previously issued Solicitation, and is hereby made pan of the DOCuments. All requirements of the Documents not modified herein stiall remain in full force and effect as originally set forth. It shall be the sole responsibility of the bidder to secure Addendums that may be issued for a specific solicitation. QUESTION #1 ' In the second pilr.lgraph on Page 3B, the goal to improve from a Class 7 to 6 is stated. At the bottom of the page. the goal to improve from a Class 6 to 5 is stated. Could you please clarify thatl RESPONSE: It is the City's goal to improve from a Class 7 to a 6. The Section in the RFQ on Page 38 "Scope of Work" is revised to reflect the CitY's goal for this proJect: I. Provide an assessment Of the City's current CRS fJrogram and assist the City In lookirig for way. ta ImfJrove the current CAS rating (ImfJrove from a CRS Closslfication 7 to a CRS Closslticat/on 6 or better). gu§sr,oNfZ Does the City have GIS and mapping capability, or would mapping functions primarily be expected of the succesSful proposer! ' RESPONSe The successful Respondent is responsible for GIS mapping capabilities as it relates to the completion of this pro;ect. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. I'og.: l ofl Community Rating System Program Assistance Amec Foster Wheeler I City of South Miami, Florida ~1j amec f,~ foster- wheeler ,,~ "Jo. amec r \~ foster - wheeler Title Page AGENCY IFIRM: Amec Foster Wheeler Environment & Infrastructure, Inc. ADDRESS: 4021 Stirrup Creek Drive, Suite 100, Durham, NC 27703 TELEPHONE NUMBER: (919) 765-9986 NAME OF CONTACT: David Stroud'-CFM EMAIL ADDRESS: david strolJd@amecfw com DATE: December 21, 2016 SUBJECT: "Community Rating System Program ServicesRFQ," RFQ #PL2016-23 Community Rating System Program Assistance Amec Foster Wheeler I City of South Miami, Florida Qualification Statement /f .. ~~ amec .!~ foster ,,' wheeler Headquartered in Alpharetta, Georgia, Amec Foster Wheeler has been if) operation for over 70 years and is licensed in all 50 states and throughout Canada. We specialize in water resourC(3S services, hazard mitigation planning and emergency management. CRS, GIS and floodplain mapping, loss estimation modeling using HAZUS-MH, data collection and information management. community outreach and stakeholder facilitation. We are nationally recognized for helping communities achieve lower ratings through effective CRS program implementation strategies. Amec Foster Wheeler is currently contracted by FEMA and ISO to review floodplain management and DMA hazard mitigation plans submitted to the CRS Program for credit. Amec Foster Wheeler's past experience in the CRS Program is continually called upon by FEMA and ISO to help with program development and to assist with plan reviews. Amec Foster Wheeler is effective in helping communities lower their CRS ratings and further reduce the cost of flood insurance for policy holders. 1. Executive Summary Amec Foster Wheeler is prepared to assist the City of South Miami in their desire to lower their CRS classification from a Class 7 to a Class 6 or better under the guidance of the 201312017 CRS Coordinator's Manuals. Amec Foster Wheeler is extremely familiar with the changes to the 201312017 CRS Coordinator's Manuals and the impact these changes have on local programs. Since Amec Foster Wheeler was involved in developing the 2013 and 2017 Manuals and since Amec Foster Wheeler has represented communities utilizing these standards, we have a proven track record of aSSisting communities in Florida and across the country with class improvements under the 2013 CRS Coordinator's Manuals. David Stroud, CFM with over 24 years of CRS experience will be the Project Manager for all of the tasks under this RFQ along with other Amec Foster Wheeler staff shown in Section 4. Organization Chart. The following steps provide an overview of Amec Foster Wheeler'S approach for the project tasks to be performed under this RFQ: a. Provide an assessment of the City's current CRS program and assist the Town in looking for ways to improve the current CRS rating (Improve from a CRS Classification 7 to a CRS Classification 6 or better). Amec Foster Wheeler will hold an initial "kickoff meeting" to explain ways in which the City can improve its rating which may include implementing elements in existing activities or undertaking new activities under the 2013/2017 CRS Coordinator's Manuals. Amec Foster Wheeler will provide the City a report (assessment) which outlines the best strategies for South Miami to implement for a class improvement. Below is a listing of CRS credits under the 2007 CRS Coordinator's Manual that the City received for their previous Classification 7 (Please see Section 2 for a list of communities assisted). Amec Foster Wheeler will provide realistic recommendations on ways to lower its classification that provide a positive cost-benefit or return on investment -number of credit points versus effort. Based FEMA's Community Information System (CSI), South Miami was last verified by ISO in 2012; therefore, a Cycle Verification Visit -a complete review of the City CRS program should be conducted Community Rating System Program Assistance Amec Foster Wheeler I City of South Miami, Florida in 2017 based on a five-year cycle period. ,Communl!)': ·countr. SOVTHMW.II,ClTYOF t ~~AMI'DAOE COUNTY vi €RS Activity Points Stale: C/o: ~~ amec'Y foster- wheeler flORIDA 1206SB b. Provide input on the benefits and requirements of developing a comprehensive Program for Public Information (PPI) program. The CRS encourages communities to think "outside the box" and to leverage other partners and stakeholders in getting flood protection messages out to the public. The PPI is the only way many communities can regain points that are lost under the 300 Series of Activities. The benefit of completing a PPI is that a community gets to direct its own outreach messages and dissemination methods (what works best for your community). Additionally, there is a 40% multiplier attached to Activity 330 credits and additional credits in other activities in the CRS Program. The development of a PPI would require that a committee be formed which must include outside ,stakeholders not attached to local government, but must also include at a minimum, those persons responsible for floodplain management in the City and the office responsible for public information (PIO) if that exists. Half of the membership of this committee must be from outside of the community, either citizens or stakeholders. A minimum of two committee meetings must be held to work through the planning process. The process will assess the community's public information needs by identifying target areas of a community to concentrate messages on such as repetitive loss areas, floodplain areas or the entire community. Important also is to identify target audiences such as bi-lingual populations, elderly, disadvantaged, etc. Formulation of messages to meet the target areas and audiences must be developed. Identification of specific outreach projects to convey those messages and to examine other outreach and public information initiatives such as enhancements to the Town:s website among other CRS activities would also be factored into the process. Amec Foster Wheeler has developed PPl's for a number of communities including in the Town of Cutler Bay, FL, the City of Sacramento, CA and the City of Wilson, NC. c. Provide input on the benefits and requirements of developing a Repetitive Loss Area Analysis (RLAA) which includes a study and evaluation of the events leading to flooding of its repetitive loss properties. Community Rating System Program Assistance Amec Foster Wheeler I City of South Miami, Florida r,t~ amec .,.~ foster ... wheeler The Town should consider implementing a Repetitive Loss Area Analysis (RLAA) under activity 510 since the credit for this element has increased from 50 pOints under the 2007 CRS Schedule to 140 pOints under the 2013 CRS Schedule. Since the Town has a manageable number of repetitive loss properties (8 properties) as shown below, this could bring additional CRS credits and push the City closer to a Classification 6 or better. iRi·B~~din9;{T~tal,.. ". l~~}!~.~~~~~:!!·~~~~i· 1.~~ ~~.~~J!~~L.. RlLosses(lnsured) InluredBullllnpwttll4orMoreLoues; InJIndSUlldlllQlwtlh2.JLo.,,"8uIIdIngValtle: AE, A1~. AO, AH, A 6 2 i, 4 5195,484.21 :·.~.?~-~~65·:~.~ $25,203.10 514:178:63 ·~·~.j.:~i4_:.~·! Community Repelilivel.:oss COMMUNITY: SOUTH MIAMI, CITY OF ""-"'0)--- 'oj ~: ·········_-_····--5:oot········_- S.oo! I .......... 21······ .. '0' ... , 1ii 4 --"'.~ -··-"--s:t5~~~I.~:; 5344.552.83: ·.~·~:~1:~:!.~.(~~·1 $25,203.10; sI4:11is3: ···jIj:O~~;~·!.! Additionally, upcoming in the 2020 CRS Coordinator's Manual developing a RLAA may become a requirement. If South Miami, Prepares a RLAA they will be ahead of the rest of the country when this becomes a requirement. Amec Foster Wheeler prepared the Activity 510 RLAA Model Guidance for the CRS Program. Amec Foster Wheeler has also assisted the City of Savannah, GA, City of Wilson, NC, City of Alexandria, VA and Knox County, TN in developing RLAA's. d. Prepare for the Modification Visit in Preparation of documentation to support credit for each CRS Activity and develop a verification manual. Amec Foster Wheeler will assist City departments in the preparation of documentation to support credit for each CRS activity. This includes working with the CRS Coordinator and various department representatives. Cooperation will be required from each department that is providing supporting documentation. Amec Foster Wheeler will prepare a verification manual "electronic file" organized by CRS activity which provides every piece of documentation required to support credit. such as community statements, forms, pages from regulations, maps, etc. Amec Foster Wheeler will mark up the documentation to show the element of credit that is being applied and provide the appropriate acronym in the margin as required by ISO. Amec Foster Wheeler will be engaged and will speak up if/when the ISO/CRS Specialist requires something that is not explicitly spelled out in the documentation requirements or the Manual. Additionally, Amec Foster Wheeler will answer any questions in support of documentation, procedures or calculations on behalf of South Miami. We will provide modification visit guidance in the following areas (even those credits already verified by ISO) so that we look comprehensively at all of the City's potential credits under the CRS Program. Amec Foster Wheeler will perform all functions listed under the preparation for a modification visit and will take the lead in those activities from a programmatic standpoint. It will be necessary for the City of South Miami to provide some documentation and resources to support the effort. Community Rating System Program Assistance Amec Foster Wheeler I City of South Miami, Florida ~1If amec r \\ foster .. wheeler Amec Foster Wheeler will ensure that the CRS Coordinator is involved in all functions of the project. Additionally, Amec Foster Wheeler will prepare all GIS-related and impact adjustment mapping to support the various CRS activities. In addition to attending the Modification/Verification Visit Amec Foster Wheeler will help prepare any follow-up documentation required in response to the ISO 30-Day Letter. We understand the potential missing documentation that may result from the Modification or Verification Visits and can help to quickly assemble it for submittal to ISO. 2. Respondent's Experience Headquartered in Atlanta, GA, Amec Foster Wheeler Environment & Infrastructure, Inc. is an environmental consulting, engineering and design, and construction company operating with more than 3,300 professionals in about 90 locations across the US. Serving the clean energy, federal, industrial/pharmaceutical, mining, oil &gas, transportation, and water sectors, we provide services to both public and private clients worldwide. This entity is part of a larger Division of Amec Foster Wheeler pic, a publically traded company based in London. For additional information, visit amecfw.com. Corporate Officers (These officers have 0% ownership) Ann Massey, President Kendall Sherrill, Vice President Operations and Finance Bradley Knight. General Counsel and Secretary Lytle C. Troutt, Senior Vice President History Amec Foster Wheeler Environment & Infrastructure, Inc. was incorporated in the state of Nevada on June 1, 1994 under the name of AGRA Earth & Environmental, Inc. On September 6, 2000, the above name was changed to AMEC Earth & Environmental, Inc. On November 1, 2011, the AMEC Earth & Environmental, Inc. name was changed to AMEC Environment & Infrastructure, Inc. On January 1, 2015, the AMEC Environment & Infrastructure, Inc. name was changed to Amec Foster Wheeler Environment & Infrastructure, Inc. Core Services Environment and infrastructure, engineering, consulting and project management E&IOnly US Canada E&I and Clean E&I worldwide Energy WW (Part lis) 3,666 employees + 1,928 employees~ + 507 employees 96 offIces + 58 offices + 21 offices • In/a provided by HR Canada = 6,101 employees 175 offices Community Rating System Program Assistance Amec Foster Wheeler I City of South Miami, Florida 3. Respondent's Past Experience Hands-on experience providing CRS services Our project lead, Mr. David Stroud, CFM, has over 24 years' experience with the CRS Program (18 of those years working directly for ISO and the CRS Program), the National Flood Insurance Program (NFIP) requirements. ordinance review and revisions and hazard mitigation plan development and reviews. Within the past 7 years, Mr. Stroud has provided CRS Program professional consulting services to local and state governments. FEMA and ISO. Working with ISO from the beginning of the CRS Program in 1991, Mr. Stroud and Amec Foster Wheeler have maintained a CRS Program contract to provide technical support and hazard mitigation plan reviews at the request of FEMA and ISO including development of the 2007,2013 and 2017 CRS Coordinator's Manuals. Amec Foster Wheeler has direct experience providing ~~ amec .;-'." I ., foster' .. wheeler Amec Foster Wheeler is a leader in helping communities achieve CRS class improvements communities in Florida with CRS program assistance and support. Amec Foster Wheeler has provided CRS Program assistance to the City of Saint Augustine, Seminole County and Collier County in the recent past. We are currently providing CRS Program assistance to the Town of Cutler Bay, Orange County and the City of Miramar. We were just selected by the Town of Miami Lakes to provide CRS Program services including a Plan for Public Information (PPI) under Activity 330 and for the development of a Repetitive Loss Area Analysis (RLAA). Amec Foster Wheeler not only has experience in Florida, but in other communities across the country with large flood insurance policy bases, complex programs and award winning CRS Programs, such as Charleston, SC, Alexandria, VA and Sacramento County, CA which is a CRS Class 3 community. Our experience also includes development of Programs for Public Information, Repetitive Loss Area Analyses (RLAA), floodplain management and multi-hazard mitigation plans and emergency management program support, training and exercises. Moreover, our CRS experience from other states and communities will offer innovative practices and ideas that can be leveraged in South Miami. Helping communities achieve CRS class increases and/or additional activity credits Amec Foster Wheeler is a leader in helping communities to achieve higher CRS classifications. Communities call on us because of our direct experience working in the CRS Program and our continued involvement as a consultant to FEMA and ISO. Amec Foster Wheeler is effective in helping communities achieve maximum credit for both their CRS Applications, Modifications, and Cycle Verification Visits. Below are some examples of our recent successes: Year of Municipality Floodplain Management and CRS Success Service Town of Raleigh, NC 2012 Improved from CRS Class 7 to Class 6 Preparing CRS Focused Floodplain Management Plan, Town of Wilson, NC 2015 Repetitive Loss Area Analysis, and Program for Public Information Town of St. Augustine, FL 2011 Improved from CRS Class 8 to Class 7 Seminole County, FL 2011 Improved from CRS Class 7 to Class 6 Community Rating System Program Assistance Amec Foster Wheeler I City of South Miami, Florida , , ~l~ amec ,'\ foster~~ - wheeler Municipality Year of Floodplain Management and CRS Success Service J\ ~ • . , . nox ounty L amtame R ass Alexandria, VA 2012 Improved from CRS Class 7 to Class 6 Sacramento, CA 2011 Improved from CRS Class 4 to Class 3 2012-2014 Improved from CRS 7 to CRS Class 6 (4.9 million in Charleston, SC " ,&2016 overall NFIP savings) Contracted to lower classification t05 Kershaw County, SC 2013 New Application CRS Class 9/Floodplain Management Assistance NFIP Floodplain Management and CRS Program Lexington County, SC 2012/2013 Assistance (2016 preparing floodplain management plan -CRS Activity 510) Met Activity 510 CRS Planning Requirements and Cutler Bay, FL 2014 Activity 330 Program for Public Information Activity 330 Requirements (Ongoing CRS Program Improvement for 2015) Waveland, MS 2013 Met Activity 510 CRS Planning Requirements Sutter County, CA 2014 Met Activity 510 CRS Planning Requirements Collier County, FL 2014 Prepared Activity 510 CRS Floodplain Management Plan Savannah, GA 2014 Preparing Activity 510 CRS Floodplain Management Plan and a Repetitive Loss Area Analysis Miramar, FL 2015 Improved from CRS Class 9 to Class 8 working toward Class 7 Westminster, CO 2015 Maintained CRS Class 6 Folly Beach, SC 2016 Working to improve from CRS Class 7 to 6 Development of CRS Activity 510 compliant Floodplain Morehead City, NC 2016 Management Plan and Activity 330 Program for Public Information CRS Program Improvement, Development of an Town of Miami Lakes, FL 2017 Activity 510 Repetitive Loss Area Analysis (RLAA) and Activity 330 Program for Public Information Knowledge of administrative and technical operational requirements of the ens program, including ISO review and scoring methods, and impact adjustments Amec Foster Wheeler has extensive knowledge of the administrative and technical operational requirements of the CRS program. David Stroud, CFM, the former Flood Training Coordinator, has 24 years of administrative .and operational requirements of the CRS in all 19 CRS activities. He helped to develop the scoring methodology and impact adjustments through his tenure on the CRS Task Force and his years as a member of the CRS Program Coordination Committee for the CRS program. Mr. Stroud taught the administrative and technical operational requirements of the CRS Program at the Emergency Management Institute (EMI) for 16 years, including how the ISO/CRS Specialists review each activity, how each activity is scored and the procedures for impact adjustments. Of primary importance is the impact adjustment factors which are not the same for every activity. The correct application of the impact adjustment can make a significant difference in credit. Community Rating System Program Assistance Amec Foster Wheeler I City of South Miami, Florida Floodplain Mitigation Plan and 5-Year Cycle Verification Visit Assistance Town of Cutler Bay, Florida $73,000 (October 2013 through Present) Amec Foster Wheeler recently prepared a Floodplain Mitigation Plan (FMP) for the Town of Cutler Bay, Florida. This FMP scored 369 points of credit. Amec Foster Wheeler also prepared a Program for Public Information (PPI) which received maximum credit along with additional bonus credits for other CRS activities. The FMP was developed in a joint and cooperative venture by members of the Cutler Bay Planning Team to ensure Cutler Bay's continued eligibility for federal disaster assistance including the FEMA's Hazard Mitigation Grant Program (HMGP), Pre-Disaster Mitigation Program (PDM), and FMA Program. Amec Foster Wheeler worked with the Town to prepare them for their 5 year Cycle Verification Visit. This assistance included preparing various pieces of documentation to support activities along with impact adjustment maps and an updated outreach brochure to mail out to floodplain residents. w'" ~~ amec J\ foster " wheeler Amec Foster Wheeler helped prepare the Town for its 5-year cycle verification visit under the new 2013 CRS manual and identified possible new activities for additional credit. Additionally, Amec Foster Wheeler developed a CRS Activity 510 compliant Floodplain Management Plan which scored over 370 points. . Floodplain Management Plan Collier County, Florida $75.000 (April 2014 through March 2015) Amec Foster Wheeler is currently updating the Floodplain Management Plan for Collier County, Florida. This plan fulfills the requirements of Section 104 of the DMA, qualifies for CRS credit, and most importantly provides Collier County with effective actions for reducing flood hazard impacts on people and property. Collier County and Amec Foster Wheeler followed a planning process based on DMA criteria, plus integrated a more detailed 1O-step planning process based on FEMA's CRS and Flood Mitigation Assistance (FMA) programs. The plan was developed under the guidance of a Floodplain Management Committee (FMPC) comprised of representatives of Collier County Departments, citizens and other stakeholders. The Plan included a hazard profile and vulnerability to climate change and sea level rise; coastal/canal bank erosion; dam/levee failure; lOO-yr and 500-yr flood events; localized stormwater flooding; and hurricane and tropical storms. Amec Foster Wheeler help Collier County to develop a CRS compliant Floodplain Management Plan under Activity 510 and it provided enough credit points to help the County lower its classification. Community Rating System Program Assistance Amec Foster Wheeler I City of South Miami, Florida CRS Program Assistance -Five Year Cycle Verification Visit City of Charleston, South Carolina $50,000 (January 2013 -Ongoing) Amec Foster Wheeler assisted the City of Charleston in preparation for their 5-year cycle verification visit by ISO. Amec Foster Wheeler assisted various City departments with documentation to support credit for each CRS activity. Amec Foster Wheeler also prepared a verification manual "notebook" organized by CRS activity which provided every piece of documentation required to support credit, such as community statements, forms, pages from regulations, maps, etc. Amec Foster Wheeler marked up the documentation to show the element of credit being applied and provided the appropriate acronym in the margin as required by ISO. Amec Foster Wheeler also engaged with the ISO/CRS Specialist to provide any necessary clarification and answered any questions in support of documentation, procedures or calculations on behalf of the City. Amec Foster Wheeler also provided a post- verification visit report which outlined the next steps to move M"~~jJ> ~. amec U\.. foster' " wheeler closer to a higher CRS classification. The City retained the services of Amec Foster Wheeler in November 2016 to prepare them for a Modification to a CRS Classification 5. Amec Foster Wheeler help the City of Charleston lower it CRS classification from 7 to 6 and is contracted to help them lower to a classification 5. CRS Program Assistance -Five Year Cycle Verification Visit City of Folly Beach, South Carolina $17,600 (May 2016 -Ongoing) Amec Foster Wheeler is currently assisting the City of Folly Beach in preparation for an upcoming CRS five year Cycle Verification Visit from ISO (rescheduled due to Hurricane Matthew). This included a kickoff meeting to explain the areas where Folly Beach was going to lose credit under the 2013 CRS Coordinator's Manual and to provide them with a road map for implementing new elements under existing activities and implementing new activities for additional credit. One significant area of credit for Folly Beach is inclusion of marsh lands under Activity 420 Open Space Preservation. Marsh lands were not allowed to be counted as open space under the 2007 Coordinator's Manual. Amec Foster Wheeler reviewed all of the City's Elevation Certificates under Activity 310 to ensure they were correct and would not be counted against the City in the evaluation. Amec Foster Wheeler is contracted with the City of Folly Beach to lower it CRS classification from7to6 Community Rating System Program Assistance Amec Foster Wheeler I City of South Miami, Florida ,~ ... ~~ amec ~~~ L "' foster wheeler CRS Program Assistance -Repetitive Loss Area Analysis and Floodplain Management Plan - CRS Activity 510, Program for Public Information -CRS Activity 330 and Five Year Verification Visit Assistance City of Wilson, North Carolina -$24,300 (January -September 2015) Amec Foster Wheeler prepared a Floodplain Management Plan (FMP) for the City of Wilson, NC which includes profiling the flood hazards, preparing a risk assessment and hazard vulnerability, setting goals, identifying mitigation strategies, and preparing an implementation schedule. The planning process to create Wilson's FMP is a blended process of DMA, FMA and CRS as describe in their request for proposals. After compiling the data, completing the analysis, mapping the properties and developing mitigation strategies, the plan was adopted by the City Council and scored 370 points out of a total 382 points in Activity 510. The City of Wilson FMP will provide greater focus and foresight in reducing future flood occurrences. Amec Foster Wheeler also prepared a Repetitive Loss Area Analysis (RLAA) for repetitively flooded properties and areas to determine the most effective mitigation alternatives. These repetitive loss areas were mapped to identify those nearby properties which may have the same or similar flood conditions as those on the FEMA Repetitive Loss List. but either did not have insurance or did not file a claim along with those single loss "historic" properties. Amec Foster Wheeler gathered input through neighborhood meetings and field work to supplement existing data. Reports were developed for each repetitive loss area that outlines which mitigation measures will benefit each structure in the areas. The RLAA scored 140 points under Activity 510. These plans help the City of Wilson to further reduce the cost of • flood insurance for its policy holders (residents and businesses) through increased annual savings of $110,000. On average, each individual policy holder will see an increase in savings from $169 to $210. Amec Foster assited the City of Wilson in its five year CRS Cycle Verification Visit and coordinated with the City on additional documentation necessary to complete the visit. floodplain Mitigation plan CltyofWilsoO, NC Amec Foster Wheeler help Wilson to develop a CRS compliant Activity 510 Floodplain Management Plan and Repetitive Loss Area Analysis along with help on the five year Cycle Verification Visit which resulted in a lower CRS classification 5 and a 25% reduction in flood insurance premiums • . Community Rating System Program Assistance Amec Foster Wheeler I City of South Miami, Florida .rf ... ~~ amec L\ foster Wheeler City of Wilson, NC: CRS Floodplain Management Plan & Repetitive Project Name: Loss Area Analysis, Program for Public Information and Five Year Verification Visit Assistance Goldsboro Street E, Wilson, NC 27893 Ho"and, AICP 399-2215; jholland@wilsonnc.org Aronoff, CFM 234-4262; saronoff@cutlerbay-fl.gov P . t N City of Charleston, SC: CRS Program Five Year Verification Visit rOJec ame : A . t 5515 ance O'Brien, Deputy Director for Technical Services -Public Works 274-3777; Obrient@Charleston-SC.gov ary McAlpin, Director of Coastal Zone Management 252-5342; GaryMcAlpin@CoilierGov.net Lutz, Building Official ) 708-982; elutz@cityoffollybeach.com Community Rating System Program Assistance Amec Foster Wheeler I City of South Miami, Florida Organization Chart "~I> ~~ amec ~A~ foster ,- wheeler Below is the organization chart which identifies the key persons from Amec Foster Wheeler who will be contributing to the project outlined in this RFP. No sub-consultants will be involved. Amy Crowley, PE, CFM Note: Our staffing levels over the past five years have remained constant which will allow Amec Foster Wheeler to carry out the obligations set forth in the RFP. Primacy Staff David Stroud, CFM -Associate Planner -24 years of CRS Experience (resume included) Amy Crowley, PE -CFM -Engineer (14 years) and CRS Planning Specialist -4 years of CRS Experience (resume included) Secondacy Staff Garrett Shields, GISP, CFM -GIS Analyst -6 years -4 years of CRS Experience Abigail Moore -University of North Carolina Hazards Center Graduate Planning Student -1 year of CRS Experience Community Rating System Program Assistance Amec Foster Wheeler I City of South Miami, Florida NORTH CAROLINA ASSOCIATION OF FLOODPLAIN MANAGERS CERTIFIED FLOODPLAIN MANAGER (CFM®) PROGRAM Accredited by the Association of Stote Floodplnln l\fnnngcrs IN RECOGNITION OF HAVING MET THE NATIONAL CERTIFICA1:ION REQVIREMENTS,THE BOARD OF DIRECTORS OF THE NORTII CAROLlNA ASSOCIATION OF FLOODPLAIN MANAGERS lIAS A WARDED TIlE TITLE OF CERTIFIED FLOODPLAIN MANAGER TO David A. Stroud, CFM IN RECOGNITION THEREOF, THIS CERTIFICATE IS ISSUED THIS DAY 512212000. W~R.T+ William R. Tingle, CFM NCAFPM Executive Director This Certificate Shall Expire on lIi/20tS. Certification number NC.02-0I144 rJff-WiA-;:t;.. John W. Fullerton, CFM 'NCAFPM Chair NORTH CAROLINA ASSOCIATION OF FLOODPLAIN MANAGERS CERTIFIED FLOODPLAIN MANAGER (CFM®) PROGRAM Accredited by tbe AssocialioD Dr State Floodplain Manage .. IN RECOqNITION OF HAViNG MET THE NATIONAL CERTIFICATiON REQUIREMENTS, THE BOARD OF DIRECTORS OF THE NORTH CAROLINA ASSOCIATION OF FLOODPLAIN MANAGERS HAS AWARDED THE TlTLEOFCERTIFIED FLOODPLAIN MANAGER TO Amy M; Crowley, CFM IN RECOGNITION THEREOF, THIS CERTIFICATE IS ISSUEDTIrrS DAY 5/1912008. W~R.I1~ William R.. Tingle, CFM NCAFPM Executi'o'e Director Thi' Certificate Shull Expire on 7/112018. Certification numberNC-14-0548 Community Rating System Program Assistance Amec Foster Wheeler I City of South Miami, Florida cP-AYilAzt;. John W. Fullerton, CFM NCAFPMChair .. 'fI .. ~~ amec ~/':? foster- wheeler Forms I license Lookup I Renewals I ContinUing Education I Enforcement I Engineers I sUiveyors I Busmesses I Contact -License Lookup Amy:U. Crowley 4412 Densmore Place Raleigh, NC 27612 License: 041181 Status: CURRENT Expires: 1213112017 Disciplinary Actions None found Search again. Note: Licensees may submit corrections to this infonnation by clicking the "Rene\vals" link at the top. Please contact the Board office if you have questions about a license restriction or if a name you are searching for does not appear. Photo:;; al top courtesy ofNC DIVls!on ofTounsm Film & Sports Oevelopmem. Community Rating System Program Assistance Amec Foster Wheeler I City of South Miami, Florida "'f1 .. ~~ amec~~ foster '.- wheeler Community Rating System Program Assistance Amec Foster Wheeler I City of South Miami, Florida ~l~ amec {\ foster '-' wheeler ~]& amec~~ foster·· . wheeler David Stroud, CFM Associate Planner IProject Manager Mr. Stroud has over 24 years' experience as a floodplain/hazard mitigation planner, including both development of hazard mitigation plans and reviewing and scoring plans for FEMA. Mr. Stroud worked for the Insurance Services Office (ISO) on behalf of FEMA's National Flood Insurance Program's (NFIP) Community Rating System (CRS) Program as the lead hazard mitigation planner and Flood Training Coordinator for 18 years. He has worked directly with FEMA Headquarter staff in crafting the local multi-hazard mitigation planning guidance 44CFR 201.6 to be consistent with the CRS lO-Step Planning criteria including the five-year update guidance (Blue Book). Mr. Stroud has significant experience with the minimum regulations of the NFIP, FEMA Grant programs and FEMA's Repetitive Loss Program. He works with communities, states and FEMA Regional offices on all aspects of hazard mitigation planning and FEMA's CRS Program. Under the CRS Program, he was responsible for internal staff training on the CRS Program, Hazard Mitigation Planning and Repetitive Loss. Additionally, he taught week-long classes on the CRS at FEMA's Emergency Management Institute (EM I). He has provided numerous planning and CRS workshops by invitation from states and FEMA Regional Offices as well as various state floodplain associations. Prior to Mr. Stroud's work at AMEC and ISO, he worked in county government in Indiana as both an assistant planner and director of a county planning and building department. Sample of Relevant Projects CRS Program Improvement, City of Boulder, CO Update to Critical Facility Ordinance. Mr. Stroud reviewed and made recommendations to the critical facility ordinance for the city to ensure it met all appropriate requirements including those of the CRS Program. CRS Program Improvement, City of Raleigh, NC Public Works Department -Stormwater Management Division. Mr. Stroud served as Project Manager to improve the City of Raleigh's CRS Classification from CRS Class 7 to CRS 6 through a variety of Activities including Open Space Preservation, Ordinances, GIS, Stormwater Management, etc .. Mr. Stroud worked with the Stormwater Management Division in a comprehensive approach to the CRS program which provided the City of Raleigh with sufficient credit points to improve their CRS Rating. Education MURP, Urban and Regional Planning, Ball State . UniverSity, 1990 B.S., Urban and Regional Studies, Ball State University, 1985 A.S., Architectural Drafting, Vincennes University, 1983 Professional certifications Community Rating System (CRS) Plan Review, FEMA/ISO, Certified Floodplain Manager Washington, DC. Current contract with FEMA's CRS Program to provide #US-00-00065 plan review support for local mitigation plans submitted under the CRS Program. The review process follows FEMA's Local Multi-Hazard Mitigation Planning Requirements (44 CFR 201.6) and FEMA's 10 CRS Planning Steps and those creditable elements under each step. The review also ensures that the plans meet the minimum requirements for addressing repetitive loss properties. Under this contract, he also provides ongoing technical support to FEMA's CRS Program including development of the planning criteria in the 2013 CRS Coordinator's Manual. City of Alexandria, VA Repetitive Loss Area Analysis, Department of Transportation and Environmental Services. Mr. Stroud served as the Senior CRS Technical Manager on development Community Rating System Program Assistance Amec Foster Wheeler I City of South Miami, FIQrida · ~1M amec !\ foster' .. wheeler of a Repetitive Area Analysis (RLAA) for the City of Alexandria. This RLAA was developed according to the criteria in the new 2013 CRS Coordinator's Manual. The RLLA developed for Alexandria will be used as a national model for the CRS Program. Mr. Stroud also assisted the City of Alexandria with CRS Program assistance and support and helped the City move from a CRS Classification 7 to a CRS Classification 6. Knox County Repetitive Loss Area Analysis, TN Stormwater Management Division. Mr. Stroud served as Senior Technical Advisor and assisted in the development of a Repetitive Loss Area Analysis (RLAA) for Knox County, TN as a requirement of the CRS Program. Mr. Stroud provided Quality Assurance and Quality Control for the project to ensure it met the requirements of the CRS Program. Sacramento County, CA, Department of Water Resources: Multi-Hazard Mitigation Plan update for the City of Sacramento and Sacramento County. Mr. Stroud was involved in the update to the Sacramento County Multi-Jurisdictional Multi-Hazard Mitigation Plan. Mr. Stroud was responsible for public meeting facilitation, risk assessment. and CRS Planning requirements. Mr. Stroud was also involved in supporting Sacramento County in an update to its Watershed master plan. This plan scored high under the CRS Program and resulted in Sacramento County reaching a CRS Classification 3. Southside Hampton Roads Hazard Mitigation Plan, City of Franklin All-Hazards Mitigation Plan, Southampton All-Hazards Mitigation Plan, Hampton Roads Planning District Commission, Chesapeake, VA. Mr. Stroud was a subcontractor to Salter's Creek Consulting for the update and revision of 3 individual plans for the Hampton Roads Planning District Commission. He was the CRS lead, responsible for the quality control and quality assurance of these plans, and he was also involved in meeting facilitation. Jones City, OK Multi-Hazard Mitigation Plan. Mr. Stroud served as Project Manager and Senior Hazard Mitigation Planner in the development of this multi-hazard mitigation plan which covered 9 natural and 2 man-made hazards. The plan complied with FEMA's DMA planning requirements and the CRS lO-step planning process. This was Jones City's first stand-alone hazard mitigation plan. Waveland, MS Multi-Hazard Mitigation Plan Update, Office of the Mayor and Chief of Fire Department. Mr. Stroud served as CRS Lead and Assistant Project Manager. This updated multi- hazard mitigation plan was one of the first plans in the United States to be developed according to the new 2013 CRS Planning Guidance. This planning effort also incorporated Sea Level Rise and Climate Change which are now credited in the CRS Program. The plan has already received approval from FEMA Region IV and the State of Mississippi with no requested changes. Arkansas State Hazard Mitigation Plan, Department of Water Resources. Mr. Stroud served as the NFIP Technical Advisor on the plan update and was solely responsible for the development of the Repetitive Loss Strategy as a requirement for State Enhanced Plan status. He was also involved in the developmentof the mitigation strategy and meeting facilitation for the planning effort. Seminole County Floodplain Management Plan, Seminole County, FL Emergency Management. Mr. Stroud served as Project Manager in the development of a floodplain management plan for Seminole County, Florida to address the riverine, lake, stormwater, and coastal flooding problems that impact property, life and infrastructure in the County. This plan scored very high under the CRS Program. The project was finished ahead of schedule and well within budget. Community Rating System Program Assistance Amec Foster Wheeler I City of South Miami, Florida ~-amec [\ foster .. wheeler State of Georgia, Department of Community Affairs, Atlanta, GA. Mr. Stroud served as the Hazard Mitigation Lead for a project which looked at combing comprehensive land use planning with hazard mitigation plan. This project required a detailed review of multi-hazard mit!gation plans, local comprehensive plans and regional comprehensive plans for 20 counties and 93 cities. The analyses and results were presented in 3 statewide workshops for the GA Department of Community Affairs - Community Planning Institutes. The project also included development of a Best Practices Guide. FEMA's Hazard Mitigation Technical Assistance Program (HMTAP) Floodplain Management Task Order # 3, FEMA, Washington, DC. Mr. Stroud served as a Senior Technical Planner in preparation of two higher standards FEMA Compliant brochures one for A-Zone Higher Standards and one for V-Zone Higher Standards. These brochures will be distributed by FEMA to local elected officials and community staff to raise the awareness of the benefits of adopting higher regulatory standards and measures. FEMA's Hazard Mitigation Technical Assistance Program (HMTAP) Floodplain Management Task Higher Standard Charrette, FEMA, Washington, DC. Mr. Stroud served as a Senior Technical Planner in development of various FEMA higher standard quick sheets that discuss the higher standard, benefits of implementing the standard and resources for additional assistance. Enhanced Multi-Hazard Mitigation Plan, State of Missouri Emergency Management, Jefferson City, MO. Mr. Stroud performed Quality Assurance and Quality Control for the 2010 updated Enhanced Missouri State Hazard Mitigation Plan to ensure that each section of the plan met FEMA's criteria for 44 CFR 201.4 and 201.5 for standard and enhanced mitigation plans. The review also followed FEMA's enhanced state mitigation crosswalk. Current CRS and Planning Project Work: FEMA's NFIP/CRS Program -Contract for Mitigation Plan (CRS) Review Cutler Bay, FL -CRS Program Improvement, CRS Activity 450 Watershed Master Plan, On Call NFIP Assistance City of Charleston, SC -CRS Program Improvement Lexington County, SC -Development of CRS Activity 510 Floodplain Management Plan Baltimore County, MD -CRS Program Improvement City of Folly Beach, SC -CRS Program Improvement State of North Carolina -CRS State-Wide Workshops (2016) Community Rating System Program Assistance Amec Foster Wheeler I City of South Miami, Florida Amy Crowley, PE, CFM ~1;.1f amec !.'\ foster .... Wheeler Floodplain Management and CRS Planning Specialist Ms. Crowley has fourteen years' experience in FEMA flood map development, risk identification, vulnerability assessments, and flood and hazard mitigation plan development. Her experience also includes watershed master planning involving project identification and prioritization based on regulatory requirements, client goals and public input. She has managed medium to large scale watershed projects involving multi-disciplinary teams, including surveyors, engineers and GIS analysts, experienced in data gathering and data analysis, map production, multi-frequency flood studies, and mitigation project identification. Her most recent experience includes identification of areas of mitigation interest associated with flooding problems and development of flood management plans for local municipalities. Sample of Relevant Projects Education B.E Civil Engineering,. Vanderbilt University, 2001 Professional certifications Professional Engineer TN # 109929 Professional Engineer NC # 041181 Certified Floodplain Manager #NC-14 c0548 Floodplain Mitigation Plan for the Town of Cutler Bay, Florida. The Plan identified flood hazards, assessed flood risk and the Town's vulnerability to the identified flood hazards, and identified mitigation actions that would protect the people and property of Cutler Bay from the effects of flood hazards. The plan will serve as a guide for decision makers to direct hazard mitigation planning resources and activities. This plan was also developed to ensure Cutler Bay's continued eligibility for federal disaster assistance including the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP), Pre-Disaster Mitigation Program (PDM), Flood Mitigation Assistance Program (FMA) and Community Rating System (CRS) Program. Flood Mitigation Plan, Repetitive Loss Area Analysis and Natural Floodplain Functions Plan for the City of Savannah, GA. The proposal requires delivery of a CRS and DMA qualified flood mitigation plan which includes a repetitive loss area analysis and a natural floodplain functions plan. AMEC has the technicql capability to include these 3 unique planning processes into a single document that will receive credits under Activity 510 and which will receive approval by FEMA Region IV. Additionally, this "stand-alone" plan will be in corporate into Chatham County's Multi-Jurisdictional Hazard Mitigation Plan. An overriding principal through the development of this project is to prioritize a list of floodplain management activities to improve Savannah's CRS Rating. Floodplain Mitigation Plan for Collier County, Florida. The Plan identified flood hazards, assessed flood risk and the County's vulnerability to the identified flood hazards, and identified mitigation actions that would protect the people and property of Collier County from the effects of flood hazards. The plan will serve as a guide for decision makers to direct hazard mitigation planning resources and activities. This plan was also developed to ensure Collier County's continued eligibility for federal disaster assistance including the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP), Pre-Disaster Mitigation Program (PDM), Flood Mitigation Assistance Program (FMA) and Community Rating System (CRS) Program. Community Rating System Program Assistance Amec Foster Wheeler I City of South Miami, Florida ~. amec j \:\ foster" wheeler Flood Mitigation Plan, Repetitive Loss Area Analysis and Natural Floodplain Functions Plan for the City of Wilson, NC. The project involves delivery of a CRS and DMA qualified flood mitigation plan which includes a repetitive loss area analysis and a natural floodplain functions plan. AMEC has the technical capability to include these 3 unique planning processes into a single document that will receive credits under Activity 510 and which will receive approval by FEMA Region IV. One of the City's main goals is to identify and prioritize a list of floodplain management activities to improve thei~ CRS Rating. Upper Alabama Watershed Flood Risk Assessment, Alabama Department of Economic and Community Affairs, Office of Water Resources, Montgomery, AL. Managed the first watershed level flood risk assessment (Level II Hazus Analysis) for the State of Alabama. Oversaw the collection of local building data and the development of depth grids for the entire watershed. Collaborated with numerous local communities and local emergency management agencies to develop areas of flood hazard mitigation interest and to identify specific areas for mitigation projects based on updated flood studies and flood risk assessments. \ Upper Alabama Watershed Risk MAP Flood Study, Alabama Department of Economic and Community Affairs, Office of Water Resources, Montgomery, AL. Managed a HUC-8 level watershed study that included topographic data development, field survey, hydrologic and hydraulic analyses, floodplain mapping, local data mining and DFIRM database development, and flood map panel production for five counties. Developed the first watershed level Flood Risk Map. Flood Risk Report and Flood Risk Database for the State of Alabama. Set precedent and Risk MAP project standards as the first project of this type, scope and magnitude within Alabama. Montgomery County, AL Countywide Flood Study, Alabama Department of Economic and Community Affairs, Office of Water Resources, Montgomery, AL. Produced updated countywide flood maps for Montgomery County, AL. Worked closely with local communities to develop the project scope for hydrologic and hydraulic analyses and floodplain mapping. Led a multi -disciplinary team including surveyors, engineers and GIS specialists. Oversaw all schedule and budget aspects of the project including field survey, engineering, GIS database development and flood map panel production. Led a public meeting for the City of Montgomery to provide citizens with the opportunity to review and comment on the new flood maps. Elmore County, AL Countywide Flood Study, Alabama Department of Economic and Community Affairs, Office of Water Resources, Montgomery, AL. Managed schedules and budgets for new hydrologic and hydraulic analyses including the resulting delineation of the 1-percent-annual-chance floodplain boundaries in accordance with FEMA's Guidelines and Specifications for Flood Hazard Mapping Partners; managed the collection of base map information from local communities and the development of associated geodatabasefor flood map production; managed project outreach activities and led project outreach meetings with local communities. Program Management Support, Alabama Department of Economic and Community Affairs, Office of Water Resources, Montgomery, AL. Provided program management services to support the Alabama Office of Water Resources' floodplain management program and their Cooperating Technical Partner (CTP) agreement with FEMA. Prioritized 53 HUC-8 watersheds for flood studies within the State of Alabama based on flooding risk, land-use changes, data availability and local community input. Developed multi-year Business Plans that consisted of specific goals for program growth and development and specific project funding needs to accomplish FEMA metrics. Developed program Outreach Plans and conducted program outreach activities including coordination meetings with Alabama Emergency Management Agency. Community Rating System Program Assistance Amec Foster Wheeler I City of South Miami, Florida PROPOSAL SUBMITTAL CHECKLIST FORM ··Community Rating System Program Services RFQ" RFQ #PL2016·23 This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented by the deadline set for within the solicitation. Fulfillment of all solicitation requirements listed Is mandatory for consideration of response to the solicitation. Additional documents may be required and, If so, they will be Identified In an addendum to this RFQ. The response shall include the following Items: X X X X X X X X X X X X X Attachments and Othe,' Documents described below CI I lec ( to be Completed IF t"1ARKED WITH AN "X": Completed, One (I ) original unbound proposal, five (5) additional copies, 3~rlng / binders are not permitted, and one (I) digital (or comparable medium including Flash Drive, DVD or CD) copy Supplemental Instructions and Submittal Format for Respondents, ~ EXHIBIT 2 Indemnification and Insurance Documents EXHIBIT 4 V Signed Contract Documents, Professional Services Agreement, V EXHIBIT 6 h.\Cc...JIOtd.O ft... ~UJO,) 1..\C.~'~ J f'L ", L.'CQ;UL~ .~ Respondents Qualification Statement List of Proposed Sub Consultants/Subcontractors and Principal v' Suppliers Non-Collusion Affidavit ~ Public Entity Crimes and Conflicts of Interest ~ Drug Free Workplace ~ Acknowledgement of Conformance with OSHA Standards :~ Affidavit Concerning Federal & State Vendor Listings ~ Related Party Transaction Verification Form / Presentation Team Declaration/Affidavit of Representation ,V Submit this checklist along with your proposal indicating the completion and submission of each required forms and/or documents. Thomas F. Pepe 10113/2016 END OF SECTION 14 EXHIBIT#2 SUPPLEMENTAL INSTRUCTIONS AND SUBMITTAL FORMAT FOR RESPONDENTS Community Rating System Program Services RFQ RFQ #PL20 16·23 SUBMITTAL FORMAT Firms shall prepare their submittals using the following format and should indude, but not be limited, to the following: I. Letter of Transmittal a.} This letter will summarize ina brief and concise manner, the respondent's understanding of the scope of work and make a positive commitment to timely perform the work. b.) The letter must name all of the persons authorized to make representations for the respondent Including the titles, addresses, and telephone numbers of such persons. An authorized agent of the respondent must sign the Letter of Transmittal indicating the agent's title or authority~ The letters should not . exceed two pages in length. 2. Statement acknowledging receipt of each addendum issued by the City. 3. Qualifications and experience of the firm(s)/individual(s) who will provide the services. 4. The submission should include: Thomas F. Pepe 10/13/2016 A. Proposal Package and Labeling/Marking Requirements: All submissions shall consist of one (I J unbound original and five (5) copies, 3-ring binders are not permitted. One (I) digital or 'comparable medium including Flash Drive, DVD or CD copy is ALSO required. Submission packages shall be tabbed according to a Table of Contents. The original and all copies shall be dearly marked accordingly as "orIginal" or "copy." The dIgital copy and the five (5) copies must be exact duplicates of the original submission. FAILURE TO PROVIDE EXACT COPIES SHALL RESULT IN SUBMITTAL BEING DESIGNATED NON-RESPONSIVE. 40 Thomas F. Pepa 1011312016 B. Title Page Show the name of Respondent's agencylfirm, address, telephone number, and name of contact person, email address, date, and the subject: ~~Community Rating System Program Services RFQ/~ RFQ #PL20 16-23. C. Table of Contents Include a clear identification of the material by section and/or by page number. D. Qualification Statement The Qualification Statement shall be written in sufficient detail to permit the City to conduct a meaningful evaluation of the proposed services. The Qualification Statement should be delivered in two parts. The first part is the technical submittal that shall consist of subsections (I) through (5) where subsections (I) through (3) shall be no more than 10 pages single-sided. Where (J) through (3) contain more than the 10 page limit, the evaluation committee shall be instructed to disregard all pages in excess of the limitation. The second part is all standard forms fully executed by an authorized officer of the Respondent. The technical submittal should be divided into subsections as described below. I. Executive Summary: a. Provide a brief summary describing the Respondent's approach to the work called for by the RFQ and ability to perform the work requested; the Respondent's background and experience in providing similar services. This summary should be brief and concise to advise the reader of the basic services offered, experience and Proposal of the Respondent, staff and any other relevant Information.· A Project/Client Manager should be provided and assigned to manage all aspects of this work. 2. Respondent's Experience: a. Describe the Respondent'S organization; history and background; principals, officers, pwners, board of directorsand/or trustees; the primary markets served; the total current number of employees; the current number of professional employees by classification·; and state the number of years that the Respondent has been in business. 3. Respondent's Past Performance: a. Provide a detailed description of comparable contracts (similar in scope of services to those requested herein) which the Respondent has either ongoing or completed within the past five (5) years. The description should identify for each project (I) the client, (2) description of work, (3) total dollar value of the contract, (4) contract duration, (5) customer contact person and phone number of reference, (6) statement or notation of whether Respondent is/was 41 the prime Cansultant .or subcantractar .or sub-cansultant, and (7) the results .of the praJect. 4. Organization Chart: a. Pravide an .organization chart shawing all key individuals (including the Praject/Client Manager) assigned ta their area .of respansibility, including their company, title, years .of experience and years emplayed in current title at present or former firms. This chart must clearly identify the Respandent's emplayees and those .of the sub- consultants. Provide professional licenses an pertinent key personnel (including sub-cansultants) ta be assigned far the services .of this RFQ. 5. Fulfillment of All Solicitation Documents: a. Respondents shall submit all farms and documents listed in the "Proposal Checklist. Submittal Form." This checklist indicates the farms and documents required to be submitted for this solicitation and ta be presented by the deadline set far within the solicitation. Fulfillment of all solicitation requirements listed is mandatory far consideratian .of respanse ta the solicitatian. Note: Confidential and Proprietary Informatian. Trade secrets .or proprietary information submitted by Respandents in connectian with this pre-qualificatian process may be subject ta the disclosure under Chapter I 19, F.S., unless such information is specifically exempted .or categorized as confidential in that Chapter or another section .of the Florida Statutes. Hawever, respondents must invoke the protections of any such sectlan(s) within 24 haurs of notice that a public recards request for such informatian has been made and if Respondent invokes an alleged right to an exemption or declares the informatian to be confidential, Respondent shall pravide written justification including a citation to the specific statutory authority relied upon and the reasans why it applies ta the records being requested. Failure ta abide by this pracedure may result in disclosure of the Respondent's infarmation and Respandent agrees that the City shall nat be liable ta Respandent for disclasure under such circumstances. Furthermare, if a Respondent objects ta praduction .of the dacuments, Respondent agrees ta indemnify and hald the City harmless from any and all costs and expense incurred by the City, including City's attorney fees, in defending an action filed to .obtain said recards,as well as any damage award against the City, including the attarney fees .of any .of the parties In such suit and appeal. Thomas F. Pepe 10/1312016 END OF SECTiON 42 EXHIBIT #4 INSURANCE & INDEMNIFICATION REQUIREMENTS Community Rating System Program Services RFQ #PL2016-23 INSURANCE & INDEMNIFICATION REQUIREMENTS 1.0 I Insurance A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub-contractor, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. B. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The FIRM shall purchase insurance from and shall maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving co_ntractual liability insurance applicable to the FIRM's obligations under the Contract. 1.02 Firm's Insurance Generally .. The FIRM shall provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: 1.03 Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida including Chapter Thomas F. Pepe 10/13/2016 44 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. In addition, the policies must include: Employers' Liability at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. 1.04 Commercial Comprehensive General Liability insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal Injury and property damage liability with limits of $1 ,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: • Personal Injury: $1,000,000; • Medical Insurance: $5,000 per person; • Property Damage: $500,000 each occurrence; 1.05 Umbrella Commercial Comprehensive General Liability insurance shall be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1 ,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive Genera:! Liability polley, without restrictive endorsements, as filed by the Insurance Services Office, and must include: (a) Premises and Operation (b) Independent Contractors (c) Products and/or Completed Operations Hazard (d) ExplOSion, Collapse and Underground Hazard Coverage (e) Broad Form Property Damage (t) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. (g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 1.06 Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Millfon Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state ·of Florida, and must include: (a) Owned Vehicles. (b) Hired and Non-Owned Vehicles (c) Employers' Non-Ownership 1.07 SUBCONTRACTS: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract shall contain the same insurance provision as required by of the Firm, other than the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM and substituting the word FIRM for CITY where applicable. 1.08 Fire and Extended Coverage Insurance (Builders' Risk). IF APPLICABLE: A. In the event that this contract involves the construction of a structure, the FIRM shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of construction, including foundations, Thomas F. Pepe 10113/2016 45 additions, attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies shall also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located In a building that is being renovated by reason of this contract. The amount of Insurance must, at all times, be at least equal to the replacement and actual cash value of the insured property. The policy shall be in the name of the CITY and the Firm, as their interest may appear, and shall also cover the interests of all Subcontractors performing Work. B.· All of the provisions set forth In Miscellaneous section herein below shall apply to this coverage unless it would be clearly not applicable. 1.09 Miscellaneous: A If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM shall be responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, ina form satisfactory to the CITY covering the same. C. The policies shall contain waiver of subrogation against CITY where applicable, shall expressly provide that such policy or policies are primary over any other collectible insurance that CITY may have. The CITY reserves the right at any time to request a copy of the required policies for review. All policies shall contafn a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY as well as contractual liability provision covering the FIRM'S duty to indemnify the City as provided in this Agreement. D. Before starting the Work, the FIRM shall deliver to the CITY certificates of such insurance, acceptable to the CITY, as well as the insurance binder, If one is issued, the insurance pollcy, including the declaration page and all applicable endorsements and prOVide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer shall be rated AVII or better per AM. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to proVide a "certified copy" of the Policy (as defined in Article I of this document) which shall include the declaration page and all required endorsements. In addition, the FIRM shall deliver, at the time of delivery of the insurance certificate, the following endorsements: (I) a policy provision or an endorsement with substantially similar provisions as follows: Thomas F. Pep a 10/13/2016 "The City of South Miami is an additional insured. The insurer shall pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily injury", 'property damage' , or "personal and advertising injury" and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B"; 46 (2) a policy provision or an endorsement with substantially similar provisions as follows: "This policy shall not be cancelled (including cancellation for non"payment of premium), terminated or materially modified without first giving the City of South Miami ten (10) days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification shall be delivered to the City by certifled mail, with proof of delivery to the City." E. If the FIRM is providing professional services, such as would be provided by an architect, engineer, attorney, or accountant, to name a few, then in such event and in addition to the above requirements, the FIRM shall also provide Professional Liability Insurance on a Florida approved form in the amount of $1 ,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the FIRM shall become legally obligated to pay as damages for claims arising out of the services or work performed by the FIRM its agents, representatives, Sub Contractors or assigns, or by any person employed or retained by him in connection with this Agreement. This insurance shall be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement. However, the FIRM may purchase Specific Project Professional liability Insurance, in the amount and under the terms specified above, which is also acceptable. No insurance shall be issued by a surplus lines carrier unless authorized in writing by the city at the city's sole, absolute and unfettered discretion. Indemnification Requirement A. The Firm accepts and voluntarily incurs an 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 oron behalf of the Firm. B. The Firm shan indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or folloWing any litigation, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of 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 contractorlsubcontractor or any of their officers, directors, agents, representatives, employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement, incident to it, or resulting from the performance or non"performance of the Firm's obligations under this AGREEMENT. C. The Firm shall pay all claims, losses and expenses of any kind or nature whatsoever, in connection therewith, including the expense or loss of the CITY and/or its affected Thomas F. Pepe 10/13/2016 47 officers, affiliates, employees, successors and assigns, including their attorney's fees, in the defense of any action In law or equity brought against them and arising from the negligent error, omission, or act of the Firm,its Sub-Contractor or any of their agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident tc lOr resulting from the performance or non-performance of the Firm's obligations under this AGREEMENT. D. The Firm agrees and recognizes that neither the CITY nor its officers,affiliates, employees, successors and assigns shall be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the Firm, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through oron behalf of the them,and arising out of or concerning the work or event that Is occurring on the CITY's property. In reviewing, approving or rejecting any submissions or acts of the Firm, CITY In no way assumes or shares responsibility or liability for the acts or omissions of the Firm, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. E. The firm has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld. F. However, as to design professional contracts, and pursuant to Section 725.08 (I), Florida Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph shall apply and this subparagraph shall set forth the sole responsibility of the design professional concerning indemnification. Thus, the design profeSSional's obligations as to the City and its agenci:es, as well as to its officers and employees, is to indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. Thomas F. Pepe 10113/2016 THIS IS INCLUDED IN THE GENERAL CONDITIONS END OF SECTION 48 EXHIBIT #6 PROFESSIONAL SERVICE AGREEMENT Community Rating System Program Services RFQ #PL10 16-23 THIS AGREEMENT made and entered into this day of ,20_ by and between the City of South Miami, a municipal corporation (hereinafter referred to as Owner or CITY) by and through its City Manager (hereinafter referred to as CITY or City Manager) and AM£. C G~1t?t. \eJ ~ who is authorized to do business in the State of Florida, (hereinafter referred to as the "CONSULTANT"). In consideration of the premises and the mutual covenants contained in this AGREEMENT, the parties agree to the following terms and conditions: 1.0 General Provisions 1.1 A Notice to Proceed will be issued by the City Manager, or his designee, following the signing of this AGREEMENT. This AGREEMENT does not confer on the CONSULTANT any exclusive rights to perform work on behalf of the Owner other than the work described in one or more Notice to Proceed (hereinafter referred to as the "WORK"), nor does it obligate the Owner In any manner to guarantee work for the CONSULTANT. 1.2 The CITY agrees that it will furnish to the CONSULTANT available data and documents in the CITY possession pertaining to the WORK to be performed under this AGREEMENT promptly after the issuance of the Notice to Proceed and upon written request of the CONSULTANT. 2.0 Scope of Services. The CONSULTANT shall perform the work as set forth in the Scope of Services as described in the Notice to Proceed. 3.0 Time for Completion 3.1 The services to be rendered by the CONSULTANT for any WORK shall be commenced upon receipt of a written Notice to Proceed from the CITY subsequent to the execution of this AGREEMENT and shall be completed within the time set forth in the Notice to Proceed or other document signed by the City Manager, or designee. 3.2A reasonable extension of time will be granted in the event there is a delay on the part of the CITY in fulfilling its part of the AGREEMENT, change of scope of work or should any other events beyond the control of the CONSULTANT render performance of his duties impossible. 4.0 Basis of Compensation: The fees for services of the CONSULTANT shall be determined by one of the following methods or a combination thereof, as mutually agreed upon by the CITY and the CONSULTANT. 4.1 A fixed sum: The fee for a task or a scope of work may be a fixed sum as mutually agreed upon by the CITY and the CONSULTANT and if such an agreement is reached, it shall be in writing, signed by the CONSULTANT and the City Manager and attached hereto as ATTACHME.NT A: 4.2 Hourly rate fee: If there is no fixed sum or if additional work is requested without an agreement as to a fixed sum, the CITY agrees to pay, and the CONSULTANT agrees to accept, for the services rendered pursuant to this Thomas F. Pepa 10113/2016 50 AGREEMENT, fees in accordance with the hourly rates that shall include all wages, benefits, overhead and profit and that shall be in writing, signed by the CONSULTANT and the City Manager and attached hereto as ATTACHMENT A. 5.0 Payment and Partial Payments. The CITY will make monthly payments or partial payments to the CONSULTANT for all authorized WORK performed during the previous calendar month as set forth in the .schedule of payment as set forth In ATTACHMENT A or, if no schedule of payment exhibit is attached to this AGREEMENT then payment will be made 30 days following the receipt of CONSULTANT's invoice as the work progresses but only for the work actually performed and approved in writing by the City Manager. 6.0 Right of Decisions. All services shall be performed by the CONSULTANT to the satisfaction of the CITY's representative, who shall decide all questions, difficulties and disputes of whatever nature· which may arise under or by reason of this AGREEMENT, the. prosecution and fulfillment of the services, and the character, quality, amount and value. The representative's decisions upon all claims, questions, and disputes shall be final, conclusive and binding upon the parties unless such determination is clearly arbitrary or unreasonable. In the event that the CONSULTANT does not concur in the judgment of the representative as to any decisions made by him, CONSULTANT shall present his written objections to the City Manager and shall abide by the decision of the City Manager. . 7.0 Ownership of Documents. All reports and reproducible plans, and other data developed by the CONSULTANT for the purpose of thIs AGREEMENT shall become the property of the CITY without restriction or Ifmitatlon. 8.0 Audit Rights. The CITY reserves the right to audit the records of the CONSULTANT related to this AGREEMENT at any time during the execution of the WORK and for a period of one year after final payment is made. This provision Is applicable only to projects that are on a time and cost basis; 9.0 Truth-in. Negotiations: If the contract amount exceeds the threshold amount provided in s. 287.017 for category four, the CONSULTANT shall execute a truth-in- negotiation certificate stating that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of contracting. In such event, the original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the City determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments must be made within one year following the end of the contract. 10.OSubletting. The CONSULTANT shall not assign or transfer its rights under· this AGREEMENT without the express written consent of the CITY. The CITY will not unreasonably withhold and/or delay its consent to the assignment of the CONSULTANT's rights. The CITY may, in its sole discretion, allow the CONSULTANT to assign its duties, obligations and responsibilities provided the assignee meets all of the CITY's requirements to the CITY's sole satisfaction. The CONSULTANT shall not subcontract this AGREEMENT or any of the services to be provided by it without prior written consent of the CITY. Any assignment or subcontracting in violation hereof shall be void and unenforceable Thomas F. Pepe 10113/2016 51 11.0 Unauthorized Aliens: The employment of unauthorized aliens by the CONSULTANT is considered a violation of Federal Law. If the CONSULTANT knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this AGREEMENT. This appli.es to any sub-CONSULTANTs used by the CONSULTANT as well. The CITY reserves the uright at its discretion, but does not assume the- obligation, to require proof of valid citizenship or, in the alternative, proof of a valid green card for each person employed in the performance of work or providing the goods and/or services for or on behalf of the CITY including persons employed by any independent contractor. By reserving this right, the CITY does not assume any obligation or responsibility to enforce or ensure compliance with the applicable laws and/or regulations. 12.0 Warranty. The CONSULTANT warrants that it has not employed or retained any· company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract and that he has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage fee, gifts or any other considerations contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability. 13.0 Termination. It is expressly understood and agreed that the CITY may terminate this AGREEEMENT for any reason or no reason and without penalty by either declining to issue Notice to Proceed authorizing WORK, or, if a Notice to Proceed is issued, CITY may terminate this AGREEMENT by written notice to CONSULTANT, and in either event the CITY's sole obligation to the CONSULTANT shall be payment for the work. previously authorized and performed in accordance with the provisions of this AGREEMENT. Payment shall be determined on the basis of the work performed by the CONSULTANT up to the time of termination. Upon termination, the CITY shall be entitled to a refund of any monies paid for any period of time for which no work was performed. 14.0 Term. This AGREEMENT shall remain in force until the end of the term, which includes all authorized renewals, or unless otherwise terminated by the CITY. The term of this agreement is three (3) years from the issuance of the Notice to Proceed and one two-year option-to renew. The option to renew is at the discretion of the City Manager. The CITY may terminate the contract Without cause following 30 days advanced notice to the CONSULTANT. However, in no event shall the term exceed five (5) years following the issuance of the Notice to Proceed. 15.0 Default. In the event either party fails to comply with the prOVisions of this AGREEMENT, the aggrieved party may dec/are the other party in default and notify the defaulting party in writing. If CITY is in default, the CONSULTANT will only be compensated for any completed professional services and CONSULTANT shall not be entitled to any consequential or delay damages. In the event that partial payment has been made for such professional services not completed, the CONSULTANT shall return such sums to the CITY within ten (10) days after notice that said sums are due. In the event of any litigation between the parties arising out of or relating in any way to this AGREEMENT or a breach thereof. each party shall bear its own costs and legal fees. 16.0 Insurance and Indemnification. The CONSULTANT agrees to comply with CITY's Thomas F. Pepe 10/13/2016 52 Insurance and Indemnification requirements that are set forth in ATTACHMENT B to this AGREEMENT. 17.0 Agreement Not Exclusive. Nothing in this AGREEMENT shall prevent the CITY from ~mploying other CONSULTANTS to perform the same or similar services. 18.0 Codes. Ordinances and Laws. The CONSULTANT agrees to abide and be· governed by all duly promulgated and published municipal, county, state and federal codes, ordinances, rules, regulations and laws which have a direct bearing on the WORK involved on this project. The CONSULTANT is required to complete and sign all affidavits, including Public Entity Crimes Affidavit form (attached) pursuant to FS 287.133(3) (a), as required by the CITY's solicitation, if any, applicable to this AGREEMENT. 19.0 Taxes. CONSULTANT shall be responsible for payment of all federal, state, and/or local taxes related to the Work, inclusive of sales tax if applicable. 20.0 Drug Free Workplace.> CONSULTANT shall comply with CITY's Drug Free Workplace policy which is made a part of this AGREEMENT by reference. 21.0 Independent Contractor. CONSULTANT is an Independent entity under this AGREEMENT and nothing contained herein shall be construed to create a partnership, joint venture, or agency relationship between the parties. 22.0 Duties and Responsibilities. CONSULTANT agrees to provide Its services during the term of this AGREEMENT in accordance with all applicable laws, rules, regulations, and health and safety standards of the federal, state, and CITY, which may be applicable to the service being provided. 23.0 Licenses and Certifications. CONSULTANT shall secure all necessary business and profeSSional licenses at Its sole expense prior to executing the AGREEMENT. 24.0 Entire Agreement. Modification. and Binding Effect: This AGREEMENT constitutes the entire agreement of the parties, incorporates all the understandings of the parties and supersedes any prior agreements, understandings, representation or negotiation, written or oral. This AGREEMENT may not be modified or amended except in writing, signed by both parties hereto. This AGREEMENT shall be binding upon and inure to the benefit of the City of South Miami and CONSULTANT and to their respective heirs, successors and assigns. No modification or amendment of any terms or provisions of this AGREEMENT shall be valid or binding unless It complies with this paragraph. This AGREEMENT, in general, and this paragraph, in particular, shall not be modified or amended by acts or omissions of the parties. If this AGREEMENT was approved by written resolution of the City Commission, or if such approval is required by ordinance or the City Charter, no amendment to this AGREEMENT shall be valid unless approved by written resolution of the City Commission. 25.0 Jury Trial. CITY and CONSULTANT knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any actton, proceeding, lawsuit or counterclaim arising out of this AGREEMENT or the performance of the Work thereunder. 26.0 Validity of Executed Copies. This AGREEMENT may be executed in several counterparts, each of which shall be construed as an original. 27.0 Rules of Interpretation: Throughout this AGREEMENT the pronouns that are used may be substituted for male, female or neuter, whenever applicable and the singular words substituted for plural and plural words substituted for singular wherever applicable. Thomas F. Pepe 10113/2016 53 28.0 Severability.. If any term or provision of this AGREEMENT or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this AGREEMENT, or the application of such term or provision to persons or circumstances other than those to which it is held invalid or ------unenfor-ceabl0,--shall.-not-be--affected-thereby and-each-and-eve~y---othe~--term-and provision of this AGREEMENT shall be valid and enforceable to the fullest extent permitted by law. 29.0 Cumulative Remedies: The duties and obligations imposed by the contract documents, if any, and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONSULTANT by the Contract Documents, if any, and this AGREEMENT and the rights and remedies available to the CITY hereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available at law or in equity,by special guarantee or by other provisions of the Contract Documents, if any, or this AGREEMENT. In order to entitle any party to exercise any remedy reserved to it in this AGREEMENT, or existing in law or in equity, it shall not be necessary to give notice, other than such notice as maybe herein expressly required. No remedy conferred upon or reserved to any party hereto, or existing at law or in equity, shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this AGREEMENT or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time as often as may be deemed expedient. 30.0 Non-Waiver. CITY and CONSULTANT agree that no failure to exercise and no delay in exercising any right, power or privilege under this AGREEMENT on the part of either party shall operate as a waiver of any right, power, or privilege under this AGREEMENT. No waiver of this AGREEMENT, in whole or part, including the provisions of this paragraph, may be implied by any act or omission and will only be valid and enforceable if in writing and duly executed by each of the parties to this AGREEMENT. Any waiver of any term, condition or provision of this AGREEMENT will not constitute a waiver of any other term, condition or provision hereof, nor will a waiver of any breach of any term, condition or provision constitute a waiver of any subsequent or succeeding breach. The failure to enforce this AGREEMENT as to any particular breach or default shall not act as a waiver of any subsequent breach or default. 31.0 No Discrimination and Equal Employment: No action shall be taken by the CONSULTANT, nor will it permit any acts or omissions which result in discrimination against any person, including employee or appliCant for employment on the basis of race, creed, color, ethnicity, national origin, religion, age, sex, familial status, marital status, ethnicity, sexual orientation or physical or mental disability as proscribed by law and that it will take affirmative action to ensure that such discrimination does not take place. The CONSULTANT shall comply with the Americans with Disabilities Act and it will take affirmative action to ensure that such discrimination does not take place. The City of South Miami's hiring practices strive to comply with all applicable federal regulations regarding employment eligibility and employment practices in general. Thus, all Individuals and entitles seeking to do work for the CITY are Thomas F. Pepe 10113/2016 54 expected to comply with all applicable laws, governmental requirements and regulations, including the regulations of the United States Department of Justice pertaining to employment eligibility and employment practices. By signing this AGREEMENT, the CONSULTANT hereby certifies under penalty of perjury, to the CITY,·that· CONSULTANTis·in compliance withall-applicable-regulatioAs-and-laws governing employment practices. 32.0 Governing Laws. This AGREEMENT and the performance of services hereunder will be governed by the laws of the State of Florida, with exclusive venue for the resolution of any dispute being a court of competent jurisdiction in Miami-Dade County, Florida. 33.0 Effective Date. This AGREEMENT shall not become effective and binding until it has been executed by both parties hereto, and approved by the City Commission if such approval is required by City's Charter, and the effective date shall be the date of its execution by the last party so executing it or if City Commission approval is required by the City's Charter, then the date of approval by City Commission, whichever is later. 34.0 Third Party Beneficiary. It is specifically understood and agreed that no other person or entity shall be a third-party beneficiary hereunder, and that none of prOVisions of this AGREEMENT shall be for .the benefit of or be enforceable by anyone other than the parties hereto, and that only the parties hereto shall have any rights hereunder. 35.0 Further Assurances. The parties hereto agree to execute any and all other and further documents as might be reasonably necessary in order to ratify, confirm, and effectuate the intent and purposes of this AGREEMENT. 36.0 Time of Essence. Time is ofthe essence of this AGREEMENT. 37.0 Interpretation. This AGREEMENT shall not be construed more strongly against either party hereto, regardless of who was more responsible for its preparation. 38.0 Force Majeure. Neither party hereto shall be in default of its failure to perform its obligations under this AGREEMENT If caused by acts of God, civil commotion, strikes, labo.r disputes, or governmental demands or requirements that could not be reasonably anticipated and the effects avoided or mitigated. Each party shall notify the other of any such occurrence. 39.0 Subcontracting: If allowed by this AGREEMENT, the CONSULTANT shall be as fully responsible to the CITY for the acts and omissions of its subcontractors/subconsultants as it is for the acts and omissions of people directly employed by it. All subcontractors/subconsultants and their agreements, if allowed by this AGREEMENT, must be approved by the CITY. The CONSULTANT shall require each subcontractor, who is approved by the CITY, to agree in the subcontract to observe and be bound by all obligations and conditions of this AGREEMENT to which CONSULTANT is bound. 40.0 Public Records: CONSULTANT and all of its subcontractors are required to comply with the public records law (s.119.070 I) while providing goods and/or services on behalf of the CITY and the CONSULTANT, under such conditions, shall incorporate this paragraph in all of its subcontracts for this Project. Under such condition, CONSULTANT and its subcontractors are specifically reqUired to: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency's custodian of public records, provide the public Thomas F. Pepe 10/13/2016 55 agency with a copy of the requested records or allow the records to .be inspected or copied within a reasonable time at a cost that does not exceed the cost provided In this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed·except asauthGrized-.by.law fGr-the. .duratiGn. ofthe..contract term and following completion of the contract if the contractor does not transfer the records to the public agency; and (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from pUblic records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that Is compatible with the information technology systems of the public agency. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: mmenendez@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL 33143. 41.0 Notices. Whenever notice shall be required or permitted herein, it shall be delivered by hand delivery, e~mail (or similar electronic transmission), facsimile transmission or certified mail, with return receipt requested and shall be deemed delivered on the date shown on the e~mail or delivery confirmation for any facsimile transmission or, if by certified mail, the date on the return receIpt or the date shown as the date same was refused or unclaimed. If hand delivered to the CITY, a copy must be stamped with the official City receipt stamp showing the date of deliver; otherwise the document shall not be considered to have been delivered. Notices shall be delivered to the following individuals or entities at the addresses (including e~mail) or facsimile transmission numbers set forth below: To CITY: Withco'pies to: Thomas F. Pepe 10/13/2016 City Manager, 6130 Sunset Dr. South Miami, FL 33143 Tel: (305) 668~25 10 Fax: (305) 663~6345 E~mail: salexander@southmiamifl.gov City Attorney 6130 Sunset Dr. South Miami, FL 33143 Tel: (305) 667~2564 Fax: (305) 341 ~0584 E~mail: tpepe@southmiamifl,gov 56 To CONSULTANT: 42.0 Corporate Authority: The CONSULTANT and its representative who signs this AGREEMENT hereby certifies under penalty of perjury that the CONSULTANT and its representative have, and have exercised, the required corporate power and that they have complied with all app,licable legal requirements necessary to adopt, execute and deliver this AGREEMENT and to assume the responsibilities and obligations created hereunder; and that this AGREEMENT is duly executed and delivered by an authorized corporate officer, in accordance with such officer's powers to bind the CONSULTANT hereunder, and constitutes a valid and binding obligation enforceable in accordance with its terms, conditions and provisions. IN WITNESS WHEREOF, this AGREEMENT was signed on or before the date first above written subject to the terms and conditions set forth herein. ArrESTED: By: __________________ __ MariaM. Menendez, CMC City Clerk Read and Approved as to Form, Language, Legality and Execution thereof: By: __________________ __ Thomas F. Pepa, Esq. City Attorney Thomas F. Pepe 10113/2016 City of South Miami By: ________________ __ Steven Alexander City Manager 57 State of Florida Department of State I certify from the records of this office that AMEC FOSTER WHEELER ENVIRONMENT & INFRASTRUCTURE, INC. is a Nevada corporation authorized to transact business in the State of Florida, qualified on August 3, 2000. The document number of this corporation is F000000043 89. I further certify that said corporation has paid all fees due this office through DeceJ;llber 31, 2016, that its most recent annual report/uniform business report was filed on January 15,2016, and that its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. Given under my Itand and tlte Great Seal of the State of Florida at Tallaltassee, tlte Capital, tltis the Fifteenth day of January, 2016 ~()+ Secretary.o/State Tracldng Number: CC0720614363 To authenticate this certificate,visit the following site,entel' this number, and then follow the instl'Uctions displayed. https://sel'Vices.suubiz.org/Filings/CertificateOfStatus/CertificateAutheuticatiou State of Florida Board of ProfessIonal Enslneer. ~639 North MonroG Stract, Sulto B-112 Tallahasscc. l'l 32303-5268 Amec Foster Wheeler Environment & Infrasttucture, Inc. 2000 E. Edgewood Drive Suite 215 Lakeland, FL 33803 Each licensee Is solely responsible for notifying the Florida Board of Professional Engineers In writing the licensee's current address. Name changes require legal documentation showing name change. An original, a certified copy, or a duplicate of an original or certified copy of a document which shows the legal name change will be accepted unless there is a question about the authenticity ofthe document raised on its face, or because the genuineness of the document is uncertain, or because of another matter related to the application. At least 90 days prior to the expiration date shown on this license, a notice ohenewal will be sent to your last known address. If you have not yet received your notice 60 days prior to the expiration date, please call (850) 521-0500, or write, Florida Board of Professional Engineers, 2639 North Monroe Street, Suite B~112,Tallahassee, FL 32303-5268 or e-mail: board@fbpe.org. Our website address is http://www.fbpe.org. S tat Lr--_1. Atnec Foster is authorized under the nrnVIl:tMnl: to the public through a Expiration: 2/28/2017 Audit No: 228201704970 NC rida ~PE ~lil~~?c~Ut~~\!I~Wfs 91~'U~'i'I, to offer engineering services .fl.dc:t(£~h pter 471, Florida Statutes. CALico No: 5392 Each licensee is solely responsible for notifying the Florida Board of Professional Engineers in writing of the licensee's current address. Name changes require legal documentation showing name change. An original, a certified copy, or a duplicate copy of an original or certified copy of a document which shows the legal name change will be accepted unless there is a question about the authenticity of the document raised on its face, 01' because the genuineness of the document is uncertain, or because of another matter related to the application. At least 90 days prior to the expiration date shown on this license, a notice of renewal will be sent to your last known address, If you have not yet received your notice 60 days prior to the expiration date, please call (850) 521~0500, or write, Florida Board of Professional Engineers, 2639 North Monroe Street, Suite B~112, Tallahassee, Florida 32303 or email board@ibpe.org. Our website address is http://www.ibpe.org. RESPONDENT QUALIFICATION STATEMENT "Community Rating System Program Services RFQ" RFQ #PL20 16·23 The response to this questionnaire shall be utilized as part of the CITY'S overall Proposal Evaluation and RESPONDENT selection. I. Number of CRS Flood Plain Mitigation service contracts executed, a) In the past 5 years b) In the past 10 years 2. List the last three (3) CRS Flood Plain' Mitigation service contracts executed. 9,) b) c) Thomas F. Pepe 10/13/2016 CRS/Flood Plain Mitigation Services: . Entity Name: Entity Address: Entity Telephone: CRS/Flood Plain Mitigation Services: Entity Name: Entity Address: En~ity Telephone: CRS/Flood Plain Mitigation Services: Entity Name: Entity Address: Entity Telephone: 15 TO\t.J4 O~ M\etM\ L.A~tFL CtJk 0 \ MAn'" ~ ~1 '(Y\ ,AM, LA~S \ fL 33 ~ Oy 30£ -~1....'] -10lS "-(:;."J\..l d I-rnO~ C \Tj t N·C. 7 () <0 ALe: H Oe,J.L S'l1ta1 (Y\ 0.<.6 ~AO c \1/ I f't (. Z. ~ 66~ 1PS 2. 52 -72 (g-l,~ f6 tCQUf, ,t!o C,11 ~~ C\-\~tu~ \ S~ , Z. 6ti)(lCt~S~ C\~'tt>W, S C-'Z.~L.lO' <by~-'2.1Y -3111 3. CurrentWO"ldoad 4. The following il'\formatlon shall be attached to the proposal. a) RESPONDENT's home office organization chart. b) RESPONDENT's proposed project organizational chart. c) Resumes of proposed key project personnel, including on"site Superintendent. S. list and describe any: a) b) c) Bankruptcy petitions filed by or against the Respondent. or any predecessor organizations, Any arbitration or civil or criminal proceedings, or Suspension of contracts or debarring from Bidding or Responding by any public agency brought against the Respondent in the last five (5) years 6. Government References: List other Government Agencies or Quasi.Governmental Agencies for which you have done business within the past five (5) years. Name of Agency: 0,," 0(,-MI~,,-FL- Address: \~<la ef)V\WA\~ ~ I\3LO~~ ti\\'/tANWL I fi.. ~ ;2302. )' Telephone No.: O,t6LQ ef>3 .... t,~f S- Contact Person: &:.~ &."ta~ .:r~rr~* Type of Project: C(,~ fwUc. (/AtI/\. ';'~t t-e.') Thomas F. Pepe 10/13/2016 16 Name of Agency: Address! Telephone No.: Contact Person: Type of Project: Name of Agency: Address: Telephone No.: Contact Person: Type of Project: Thomas F. Pepe 10113/2016 c<Z..-~ ftLoCt-~ S6YLV\c.G<> Cd kL.'~ CAlJlJrr ,t'L- 2.2aO ~\. \~1t,g ()(lw£ S\Vrp.6 \ 6.... :5 t..t ll\ y . 2.'b9 -2.,52.-G?;M z... 17 LIST OF PROPOSED SUB CONSUL TANTSI SUBCONTRACTORS AND PRINCIPAL SUPPLIERS «Community Rating System Program Services" RFQ #PL20 16·23 Respondent shall list all proposed sub-consultants/subcontractors, assuming sub-consultants/subcontractors are allowed by the terms of 'this RFQ to be used on this project if they are awarded the Contract. Classification ofWol"I< I Subcontractor Name I Address I Telephone, Fax & I Email I General Engineering "JA- Roadway and Drainage N III Design I ·General Civil Design ~jA· Structural ~ IA- . I Environmental Engineering f{ IA- I Architectural Services \J /k Landscape. Architecture \j\A Certified Arborists ~',A, Services Surveying & Mapping ~ /+ Mechanical, Electrical ~, .k Plumbing (MEP) Construction Management & Construction ~iA-Engineering Inspection Services (eEl) Other: . . . . . Respondents to thiS soliCitation shall provide and mclude thiS listmg With their Proposal • Thomas F. Pepe 10/13/2016 END OF SECTION ~\()~\':, C(j~<.uL.'r ~ <H'L ~~'ff(":IQ"t-) 18 NON COLLUSION AFFIDAVIT STATE OF FLORIDA ) ) ) COUNTY OF MIAMI-DADE ____ M_i_ch_a_e_I_D_. _Ph_e_l .... p_s ___________ being first duly sworn, deposes and states that: (I> HeJShelThey islare the . Representative (Owner, Partner, Officer, Representative or Agent) of ...::;A=rn=.::.,.ec::...;F::...o;::.;:s:..;:;te=r...;W'-'-=h;,;;,.ee=l=er:.....-____________ the Respondent that has submitted the attached Proposal; (2) HelShe/They is/are fully informed concerning the preparation and contents of the attached Proposal and of all pertinent circumstances concerning such Proposal; (3) Such Proposal is genuine and is not a collusive or sham Proposal: (4) Neither the said Respondent nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from Bidding or proposing in connection with such Work: or have in any manner, . directly or indirectly, sought by agreement or collusion, or communication, or conference with any Respondent, firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any other Respondent, or to fix any overhead, profit, or cost elements of the Proposal Price or the Proposal Price of any other Respondent, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (ReCipient), or any person interested in the proposed Work: (5) The price or prices quoted in the attached Proposal are fair and proper and are not Witness tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any other of its agents, representatives, owners, employees or parties of interest, including this affiant. B;lU,/t1 !de Signature Michael D. Phelps, Office Manager Print Name and Title December 14,2016 Date ACKNOWLEDGEMENT Thomas F. Pepe 10/13/2016 19 STATE OF FLORIDA COUNTY OF MIAMI-DADE ) ) ) On this the 14th dayof December, 20 16 , before me, the undersigned Notary Public of the State of Florida, personally appeared (Name(s) of individual(s) who appeared before notary) Michael D. Phelps and whose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS seal. NOTARY PUBLIC: SEALOF OFFICE: ~t1oV PIhb. IAlU6DAINIJ!U .:P •• h .. _~ tII\nIQ W\I.LInm .. Janis Baldwin official "'~' 'It MY COMMISSION IFF 174725 EXPIRES: July 19.2018 """~op~~" aondad Thru Budget Notary Servl«$ (Name of Notary Public: Print, Stamp or type as commissioned.) Thomas F. Pepe 10113/2016 20 --X-Personally known to me, or Personal identification: Type of Identification Produced Did take an oath, or x Did Not take an oath. PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes -"A person or affiliate who has been placed on the-convicted vendor list foHowing a conviction for a public entity crime may not submit a Proposal or bid ona Contract to provide any goods or services to a public entity, may not submit a Bid or proposal for a Contract with a public entity for the construction of repair of a public building or public work, may not submit bids or proposals on leases or real property to a public entity, may not be awarded to perform Work as a RESPONDENT, Sub-contractor, supplier, Sub-consultant, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017, Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list". The award of any contract hereunder is subject to the provisions of Chapter I 12, Florida State Statutes. Respondents must disclose with their Proposals, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of South Miami or its agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. I. _ [print name of the public entity] [print individual's name and title] for_--=-Awt..J..L-:-l,C:fl=-C --=--hh--=--=-kN~{;J_Vt.w....::.:::.=-..'ev-=--______ _ [print name of entity submitting sworn statement] whose business address isYC/t ( St: f IV(! ~ O~ S u ~ {e l GO DLlVVltAVr} ,lJG '2 7 ( o-S and (if applicable) its Federal-Employer Identification Number (FEIN) is 3l-\ ~L\ ,'1"L (If the entity has no FEIN, include the Social Security Number of the . individual signing this sworn statement: ------------------_.) 2. I understand that a "public entity crime" as defined in Paragraph 287.133 (I ) (g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an Thomas F. Pepe 1011312016 21 agency or political subdivision of any other state or of the United States, including, but not limited to , any bid, proposal or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or -material-misrepresentation, -------- 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I) (b), Florida Statutes, means a finding of gUilt or a conviction of a public entity crime, with or without an adjudication of guilt, In any federal or state trial court of record relating to charges brought by indictment or information after July I, 1989, as a result of a jury verdict, non~jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133 (I) (a), Florida Statutes, means: (a) A predecessor or successor of a person convicted of a public entity crime; or (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers,directors, executives, partners, shareholders, employees, members, and agents who are active in 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 affi liate. 5. ,I understand that a "person" as defined in Paragraph 287.133 (I) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or proposal or applies to bid or proposal on contracts for the prOVision of goods or services let by a public entity, or which otherwise transacts· or applies to transact business with a public entity. The term "person" includes. those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, tbe statement which 'I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] ll1dt1. Neither the ~ntity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, ora,gents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. ~ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are Thomas F. Pepe 10/13/2016 22 active in the management of the entity, or an aff1liate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. ~I J The entity submitting this sworn statement, or one or more of its officers, Mrs, executives l partnerSj .shareholders,employeesJmembers, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public Interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO F ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Sworn to and subscribed before 'i>c.u ... '011" 20· ,., ------------------------" ~ . ..... Personally known ~ +'-"c, w..,Ij&.,~ OR Produced identification ---- me this My commissionexpires ___ -::r---":.:..:I\.;;..: .... ::.:..r+~ __ ..:.;;;).-<.'.1-1 __ .:1._0';1,_0 __________ _ \ (Type of identification) JuanltaF. Collins (Printed, typed or Stamped com miss onedCou::'b~~h~:. NO Name of notary public d~ ~. ~ :s ...... ,~... ~. CD\U'" Thomas F. Pepe 10113/2016 Form PUR 7068 (Rev.06/ I 1/92) 23 day of DRUG FREE WORKPLACE Whenever two or more Bids or Proposals which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities orcontractual-servicesia Bid or Proposal received from a business that -certifies that it has implemented a drug~free workplace program shall be given preference in the award process. Established procedures for processing tie Bids or Proposals shall be followed if none of the tied vendors have a drug~free workplace program. In order to have a drug~free workplace program, a business shall: I) 2) 3) 4) 5) 6) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use -of a controlled substance is prohibited in the workplace and specifying the actions that shall be taken against employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug~free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodIties or contractual services that are under Bid a copy of the statement specified in Subsection (I). In the statement specified in Subsection (I), notify the employees, that, as a condition of working of the commodities or contractual services that are under Bid, he employee shall abide by the terms of the statement and shall notify the employee ofany 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) business days after such conviction. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. Make a good faith effort toc::ontinue 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. ,iJ _ - RESPONDENT's Signature: --I'/f#t=,--+_ .pL-_i-\.L~_--. _________ _ Print Name: --,-.L-\-~~s1o£.JL:..~~H..l..-Ct-d~-=--.I( 1 __ _ Date: _,--Z--I---l--,---l rt-+-\.:..-=b'-----'------_____ _ Thomas F. Pepe 10/13/2016- 24 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS rOTHE-CITY OF--SOtlTF-rM1AMI---- We, "ma... ~~~,(Name of CONSULTANT), hereby acknowledge and agree that as CONSULTANT for the "Community Rating System Program Services" project as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South Mian'li and N/A (Consultant) against any and all liability, claims, damages, losses and expenses they may incur due to the failure of (Sub-contractor's names): to comply with such act or regulation. CONSULJANT Title - Thomas F. Pepe '10/13/2016 aJl~Q Witness 25 AFFIDAVIT CONCERNING FEDERAL AND STATE VENDOR LISTINGS The person, or entity, who is responding to the City's solicitation, hereinafter referred to as "Respondent", must certify that the Respondent's name Does Not appear on the State of Florida, . Department of Management Services, "CONVICTED, SUSPENDED, DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR LISTINGS". If the Respondent's name Does appear on one or all the "Listings" summarized below, Respondents must "Check if Applies" next to the applicable "Listing." The "Listings" can be accessed through the following link to the Florida Department of Management Services website: http://www.dms.myflorida.com/business operations/state purchasing/vendor informati on/convicted suspended discriminatorx complaints vendor lists DECLARATION UNDER PENALTY OF PERJURY I, Michael D. Phelps (hereinafter referred to as the "Declarant") state, under penalty of perjury, that the following statements are true and correct: (I) I rCi!present the Respondent whose name is Amec" Foster Wheeler (2) I have the following relationship with the Respondent _Office Manager_ (Owner (if Respondent is a sole proprietor), President (if Respondent is a corporation) Partner (if Respondent Is a partnership), General Partner (if Respondent is a Limited Partnership) or Managing Member (if Respondent is a Limited Liability Company). (3) I have reviewed the Florida Department of Management Services website at the following URL address: http://www.dms.myflorida.com/business_operations/stateyurchasing/vendor _information/convi cted_suspended_ discrim inatory _complaints_vendor _lists (4) I have entered an "x" ora check mark beside each listing/category set forth below if the Respondent'S name appears in the list found on the Florida Department of Management Services website for that category or listing. (f I did not enter a mark beside a listing/category it means that I am attesting to the fact that the Respondent's name does not appear on the listing for that category in the Florida Department of Management Services website as of the date of this affidavit. Check if Applicable Convicted Vendor List Suspended Vendor List Discriminatory Vendor List Federal Excluded Parties list Vendor Complaint List FURTHER DECLARANT SAYETH NOT. Thomas F. Pepe 10/13/2016 Michael D. Phelps (Print name of Declarant) BY7kU2lidZ - (Signature of Declarant) 26 ACKNOWLEDGEMENT STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) On this the 14th day of December, 20 16 ,before me, the undersigned authority, personally appeared Michael D. Phelps who is personally know to me or who provided the following identification personally known and who took an oath or affirmed that that he/she/they execut d the foregoing Affidavit as the Declarant. WITNESS my hand and official seal. NOTARY PUBLIC: SEAL "'''~,!.:~4(1o JANIS BALDWIN lit ~ oj( MY COMMISSION. FF 174725 . EXPIRES: July 19, 2018 ~ilpOlf ,~V Bonded Thru BUdget NotalY SelV~" Thomas F. Pepe 10/13/2016 27 Janis Baldwin (Name of Notary Public: Print, Stamp or type as commissioned.) RELATED PARTY TRANSACTION VERIFICATION FORM 1 Attd~ l~Ct~~l individually and on behalf of Ame<.-:g;~ -kv whwkw ("Firm") have Name of Representative Company/VendorlEntity read the City of South Miami (HCity")'s Code of Ethics, Section SA-I of the City's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my knowledge, information and belief: (I) neither I nor the Firm have any conflict of interest (as defined in section 8A~ I) with regard to the contract or business that I, and10r the Firm, am(are) about to perform for, or to transact with, the City, and (2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in section 8A~ I, who is an employee of the City or who is.(are) an appointed or elected official of the City, or who is(are) a member of any public body created by the City Commission, i.e., a board or committee of the City, [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of employees or those who have a financial interest in the Firm.]; and (3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of those persons' immediate family (i.e., spouse, parents,chlldren, brothers and sisters) has transacted or entered into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted with the city, or with any person or agency acting for the city, other than as follows: _______ (use (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing soon behalf of a firm whose stock is publicly traded, the statement in this section (3) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship of those who have a financial interest in the Firm.]; and (4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family members (i.e., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the contract between you and/or your Firm and the City other than the following individuals whose interest is set forth following their use a separate names: __________________________________________ ___ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). The names of all City employees and that of all elected and/or appointed city officials or board members, who own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm are as Thomas F. Pepe 10113/2016 28 follows: (if necessary, use a separate sheet to supply additional Information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethIcs code still applies, if the person- executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (4) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or appointed official or employee.] (5) I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general publiC, for our personal gain or benefltor for the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. (6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting for the City, and that we have not appeared in representation of any third party before any board, commission or agency of the City within the past two years other than as follows: ---------------------------------------------------------------(if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). X:\Purchasing\Vendor Registration\ 12.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx (7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a spouse, son, daughter, parent, brother or sister) is related by blood or marrJage to:. (I) any member of the City Commission; (ii) any city employee; or (iii) any member of any board .or agency of the City other than as follows: _______________________________ (,if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members]. (8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5% in that Other Firm, nor any member of those persons' immediate family (i.e., spouse, parents, children, brothers and Sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has responded to a solicitation by Thomas F. Pepe 10113/2016 29 the City in which I or the Firm that I represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons' immediate family (Le. spouse, parents, children, brothers and sisters) have also responded, other than the following: (if necessary, use a separate-sheet to supplyadditiQr.Jal-informatior.Jthat-will-not-fit-on-this.line;-however, you must make reference, on the above I.ine, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement In this section (8) shall be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation into the Other Firm, or the Firm he/she represents, as to their officers, directors or anyone having a financial interest in those Firms or any of their any member of those persons' immediate family.] (9) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same.solicitatlon and to disclose the relationship of those parties to me 'and the Firm, (10) A violatIon of the City's Ethics Code, the giving of any false information or the failure to supplement this Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the imposition of the maximum fineand/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 hereinaboeare rue and correct to the best of my knowledge, information and belief. Signature: _#-'''''''-_________ _ Print Name & Title: ~ Jtr;v (,[ Q~~ II ; dA ~ 1M OIhCtJV Date: J z./ 12'/t B Thomas F. Pepe 10/13/2016 30 PRESENTATION TEAM DECLARA TION/AFFIDVAIT OF REPRESENTATION This affidavit is not required for compliance with the City's Solicitation; however, it may be . used to avoid the need-to register members -of your presentatlon-team as lobbyists. Pursuant to City Ordinance 28~ 14~2206 (c)(9), any person who appears as a representative for an Individual or firm for an oral presentation before a City certification, evaluation, selection, technical review or similar committee, shall list on an affidavit provided by the City staff, all individuals who may make a presentation. The affidavit shall be filed by staff with the Clerk's office at the time the committee's proposal is submitted to the City Manager. For the purpose of this subsection only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, shall not be required to pay any registration fees. No person shall appear before any committee on behalf of an anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the City Clerkfs office as a lobbyist and has paid all applicable lobbyist registration fees. Pursuant to '92.525(2), Florida Statutes, the undersigned, ~c::na~ \k~ makes the following declaration under penalty of perjury: Listed below are all indiViduals who may make a presentation on behalf of the entity that the affiant represents. Please note; No person shall appear before any committee on behalf of anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the Clerl('s office as a lobbyist and has paid all applicable lobbyist registration fees. NAME TITLE For the purpose of this Affidavit of Representation only, the listed members of the presentation team, with the exception of any person otherwise reqUired to register as a lobbyist, shall not be required to pay any registration fees. The Affidavit of Representation shall be filed with the City Clerk's office at the time the committee's proposal is submitted to the City as part ofthe procurement process. Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated in it are true and specifically that the persons listed above are the members of the presentation team of the entity listed below Ex;r;;;;;lt 1 S 1\\ day of ~C@b.\tJ2l'L ,20 k . Si~ature of RePresentative 'L, All 11 .r::. tlVl dV'eW f:1.Q dX Y (}1/?J L VV(~'70j (/ lq Mte: c..-L d ~rtXkW ~ Print Name and Title ' Print name of entity being represented Thomas F. Pep a 10/13/2016 END OF SECTION 37 R.FQ~·Title: RFQ'No,: Evaluation Scoring Sheet Procurement Division' "(,.1'30 SunsetDri\t~; .. South .Miami, Floridai3·1!43;. ...•..••. (3()S) 663 .. 6~339;: •. ' ~,southmial)iif);goyi .. ,-' ' COMMUNITY RATING SYSTEM PROGRAM SERVICES " .. ,. ".,,',--.. " .. _. ',-.',-' . PW2016 .. 2;J '. '. ~ECTIONS: PI~asescoreea.chfirm. for eachspedfic criteria provided, .~~~~d',!!,'''·~''',"-,=~~~~~~~~~ I. 2. 3. 4. q;~alifibltiOh$ •. ' coMpetency and technical e~pettisepfthElfjrrn and personnel to p~rf()rm the services in accordance with th~Scope of Services: M aXlin urn Points: 40 Qualifiqltions of the Project Manager and Project Team: MaxhnumPoints:30 Related Projects/Past Experience: Maximum Points: 20 Overall quality and completeness of the submitt:al: . Maximum Points: 10 Page 1 of 1 r \0 \0 Date: III'lI,,- I. 2. 3. 4. Evaluation Scoring Sheet Procuremellt Divi~ion 6130 Sunset Drj\,/e South Miami;Flpfida33143 " ' , "(3()~j663~6~39> WWwtsouthmiamlfJ;gov':' COMMUNITY RATING SYSTEM PRO(;AAM SERVICES, PW2016·23 Qualifications, 'competency and, technical expertise 'of the firm and p~rsonnelto perform the services h'l accordahCe With the Scope of Services: Qualifications of the Project Manager and Project Team: ' Maximum Points: 30 Related Projects/Past Experience: Maximum Points: 20 Overall quality and completeness of the submittal: 'MaXimum Points: 10 Page 1 of 1 30 I~ /0 Evaluation Scoring Sheet Procurement Division ',' ; ,'"', " .,. 6130 SunsetPriv¢ c South Miami,FloHc;la33143 (30$)6~3"6339 www.southn,iani,fLgov· RFQ Title: COMMUNITY RATING SYSTEM PROGRAM SERVICES. RFQ No.: PW2016·23 DIRECTIONS: Please score each firm, for each !:nPlritir . -'. qllalifkations, competency and technical e~pertise of the firm and personnel to I. perform the servi<:esina<:(;ordahCe with . the ScoPe of Services: 2. 3. 4. . Maxirnum Points: 40 Qualifications of the Project Manager and Project Team: Maximum Points: 30 Related Projects/Past Experience: Maximum Points: 20 . Overall quality and completeness of the submittal: ... M~hnum Points: I 0 Page 1 of 1 26 IS J6 16 EXHIBIT #6 PROFESSIONAL SERVICE AGREEMENT Community Rating System Program Services RFQ #PL20 16·23 THIS AGREEMENT made and entered into this __ day of , 20_ by and between the City of South Miami, a municipal corporation (hereinafter referred to as Owner or CITY) by and through its City Manager (hereinafter referred to as CITY or City Manager) and AME C Eism;n \rJ\o\eEl.Ql.. who is authorized to do business in the State of FI.orida, (hereinafter referred to as the "CONSUL TANT"). In consideration of the premises and the mutual covenants contained In this AGREEMENT, the parties agree to the following terms and conditions: 1.0 General Provisions 1.1 A Notice to Proceed will be issued by the City Manager, or his designee, following the signing of this AGREEMENT. This AGREEMENT does 'not confer on the CONSULTANT any exclusive rights to perform work on behalf of the Owner other than the work described in one or more Notice to Proceed (hereinafter referred to as the "WORK"). nor does it obligate the Owner In any manner to guarantee work for the ,CONSULTANT. 1.2 The CITY agrees that it will furnish to the CONSULTANT available data and documents In the CITY possession pertaining to the WORK to be performed under this AGREEMENT promptly after the Issuance of the Notice to Proceed and upon written request of the CONSULTANT. 2.0 Scope of Services. The CONSULTANT shall perform the work as set forth in the Scope of Services as described In the Notice to Proceed. 3.0 Time for Completion 3.1 The services to be rendered by the CONSULTANT for any WORK shall be commenced upon receipt of a written Notice to Proceed from the CITY subsequent to the execution of this AGREEMENT and shall be completed within the time set forth in the Notice to Proceed or other document Signed by the City Manager, or designee. 3.2A reasonable extension of time will be granted in the event there is a delay on the part of the CITY in fulfilling Its part of the AGREEMENT, change of scope of work or should any other events beyond the control of the CONSULTANT render performance of his duties impossible. 4.0 'Basis of Compensation: The fees for services of the CONSULTANT shall be determ'ined by one of the following methods or a combination thereof, as mutually agreed upon by the CITY and the CONSULTANT. 4.1 A fixed sum: The fee for a task or a scope of work may be a fixed sum as mutually agreed upon by the CITY and the CONSULTANT and If such an agreement is reached, it shall be in writing, signed by the CONSULTANT and the City Manager and attached hereto as ATTACHMENT A: 4.2 Hourly rate fee: If there is no fixed sum or if additional work Is requested without an agreement as to a fixed sum, the CITY agrees to pay, and the CONSULTANT agrees to accept, for the services rendered pursuant to this Thomas F. Pope IO/llnOl6 50 AGREEMENT, fees In accordance with the hourly rates that shall include all wages, benefits, overhead and profit and that shall be in writing, signed by the CONSULTANT and the City Manager and attached hereto as ATTACHMENT A. 5.0 Payment and Partial Payments. The CITY will make monthly payments or partial payments to the CONSULTANT for all authorized WORK performed during the previous calendar month as set forth In the .schedule of payment as set forth In A TTACHMfNT A or, If no schedule of payment exhibit is attached to this AGREEMENT then payment will be made 30 days following. the receipt of CONSULTANT's Invoice as the work progresses but only for the work actually performed and approved in writing by the City Manager. 6.0 Right of Decisions. All services shall be performed by the CONSULTANT to the . satisfaction of the CITY's representative, who shall decide all questions, difficulties and disputes of whatever nature which may arise under or by reason of this AGREEMENT, the. prosecution and fulfillment of the services, and the character, quality, amount and value. The representative's· decisions upon aU claims. questions, and disputes shall be final, conclusive and binding upon the parties unless such determination Is clearly arbitrary or unreasonable. In the event that the CONSULTANT does not concur in the judgment of the representative as to any decisions made by him, CONSULTANT shall present his written objections to the City Manager and shall abide by the decision of the City Manager. . 7.0 Ownership of Documents. All reports and reproducible plans, and other data developed by the CONSULTANT for the purpose of this AGREEMENT shall become the property of the CITY without restriction or limitation. 8.0 Audit Rights. The CITY reserves the right to audit the records of the CONSULTANT related to this AGREEMENT at any time during the execution of the WORK and for a period of one year after final payment is made. This provision Is applicable only to projects that are on a time and cost basts; 9.0 Truth-in, Negotiations: If the contract amount exceeds the threshold amount provided in s. 287.017 for category four, the CONSULTANT shall execute a truth-in- negotiation certificate stating that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of contracting. In such event, the original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the City determines the contract price was increased due to inaccurate. incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments must be made within one 'Year following the end of the contract. IO.OSublettlng. The CONSULTANT shall not assign or transfer its rights under this AGREEMENT without the express written consent of the CITY. The CITY will not unreasonably withhold and/or delay its consent to the assignment of the CONSULTANT's rights. The CITY may. i~ its sole discretion, allow the CONSULTANT to assign its duties, obligations and responsibilities provided the assignee meets all of the CITY's requirements to the CITY's sole satisfaction. The CONSULTANT shall not subcontract this AGREEMENT or any ofthe services to be provided by it without prior written consent of the CITY. Any assignment or subcontracting in violation hereof shall be void and unenforceable Thomas F. Pepe 10/13/2016 SI 11.0 Unauthorized Aliens: The employment of unauthorized aliens by the CONSULTANT is considered a violation of Federal Law. If the CONSULTANT knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this AGREEMENT. This applies to any sub-CONSULTANTs used by the CONSULTANT as well. The CITY reserves the --right at its discretlon, but does not assume the- obligation, to require proof of valid citizenship or, in the alternative, proof of a valid green card for each person employed in the performance of work or providing the goods and/or services for or on behalf of the CITY including persons -employed by any independent contractor. By reserving this right, the ClTY does not assume any obligation or responsibility to -enforce or ensure compliance with the applicable laws and/or regulations. 12.0 Warranty. The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract and that he has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage fee, gifts or any otherc:onsiderations contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract wfthout liability. 13.0 Termination. It is expressly understood and agreed that the CITY may terminate this AGREEEMENT for any reason or no reason and without penalty by either declining to issue Notice to Proceed authorizing WORK, or, if a Notice to Proceed Is Issued, CITY may terminate this AGREEMENT by written notice to CONSULTANT, and in either event the CITY's sole obligation to the CONSULTANT shall be payment for the work previously authorized and performed In accordance with the provisions of this AGREEMENT. Payment shall be determihed on the basis of the work performed by the CONSULTANT up to the time of termination. Upon termination, the CITY shall be entitled to a refund of a~y monies paid for any period of time for which no work was performed. 14.0 Term. This AGREEMENT shall remain In force until the end of the term, which includes all authorized renewals, or unless otherwise terminated by the CITY. The term of this agreement is three (3) years from the issuance of the Notice to Proceed and one two-year option-to renew. The option to renew Is at the discretion of the City Manager. Th.e CITY may terminate the contract Without cause following 30 days advanced notice to the CONSULTANT. However, in no event shall the term exceed flve (5) years following the issuance of the NotICe to Proceed. 15.0 Default. In the event either party falls to comply with the prOVisions of this AGREEMENT, the aggrieved party may declare the other party In default and notify the defaulting party in writing. If CITY is in default, the CONSULTANT will only be compensated for any completed professional servlc~s and CONSULTANT shall not be entitled to any consequential or delay damages. In the event that partial payment - has been made for such professional services not completed. the CONSULTANT shall return such sums to the CITY within ten (10) days after notice that said sums are due. In the-event of any litigation between the parties ariSing out of or relating in any way to this AGREEMENT or a breach thereof, each party shall bear its own costs and legal fees. 16.0 Insurance and Indemnification. The CONSULTANT agrees to comply with CITY's Thomas F. Pepe 10/1312016 52 Insurance and Indemnification requirements that are set forth In ATTACHMENT 8 to this AGREEMENT. 17.0 Agreement Not Exclusive. Nothing in this AGREEMENT shall prevent the CITY from employing other CONSULTANTS to perform the same or similar services. 18.0 Codes. Ordinances and Laws. The CONSULTANT agrees to abide and be gQverned by all duly promulgated and published municipal, county, state and federal codes, ordinances, rules, regulations and laws which have a direct bearing on the WORK involved on this project. The CONSULTANT is required to complete and sign all affidavits, Including Public Entity Crimes Affidavit form (attached) pursuant to FS 287.133(3) (a), as required by the CITY's solicitation, if any, applicable to this AGREEMENT. . 19.0 Taxes. CONSULTANT shall be responsible for payment of all federal, state, and/or local taxes related to the Work, inclusive of sales tax if applicable. 20.0 Drug Free Workplace. CONSULTANT shall comply with CITY's Drug Free Workplace policy which Is made a part of this AGREEMENT by reference. 21.0 Independent Contractor. CONSULTANT Is an Independent entity under this· AGREEMENT and nothing contained herein shall be construed to create a partnership, joint venture, or agency relationship between the parties. 22.0 Duties and Responsibilities. CONSULTANT agrees to provide Its services during the term of this AGREEMENT in accordance With all applicable laws, rules. regulations, and health and safety standards of the federal, state, and CITY, which may be appllcabl.e to the service being provided. 23.0 Licenses and Certifications. CONSULTANT shall secure ·all necessary business and professional licenses at Its sole expense prior to executing the AGREEMENT. 24.0 Entire Agreement. Modification. and Binding Effect: This AGREEMENT constitutes the entire agreement of the parties, Incorporates all the understandings of the parties and supersedes any prior agreements, understandings, representation or negotiation, written or oral. This AGREEMENT may not be modified or amended except in writing, signed by both parties hereto. This AGREEMENT shall be. binding upon and inure to the benefit of the City of South Miami and CONSULTANT and to their respective heirs, successors and assigns. No modiflcation or amendment of any terms or provisions of this AGREEMENT shall be valid or binding unless It complies with this paragraph. This AGREEMENT, in general. and this paragraph, in particular. shall not be modified or amended by acts or omissions of the parties. If this AGREEMENT was approved by written resolution of the City Commission, or if such approval is required by ordinance or the City Charter, no· amendment to this AGREEMENT shall be valid unless approved by written resolution of the City Commission. 25.0 lury Trial. CITY and CONSULTANT knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out ofthls AGREEMENT or the performance ofthe Work thereunder. 26.0 Validity of Executed Copies. This AGREEMENT may be executed in several counterparts, each of which shall be construed as an original. 27.0 Rules of Interpretation: Throughout this AGREEMENT the pronouns that are used may be substituted for male, female or neuter, whenever applrcable and the singular words substituted for plural and plural words substituted for singular wherever applicable. Thomas F. Pepe 10113/2016 53 28.0 Severability.. If any term or provision of this AGREEMENT or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this AGREEMENT, or the application of such term or provision to persons or circumstances other than those to which it Is held Invalid or ... ------urlenfor-Geable,s!:lall·.rlot -be..-affected-.thereby and ... eaGh-and-ever-y ... -other---term-ancl provision of this AGREEMENT shall be valid and enforceable to the fullest extent permitted by law. 29.0 Cumulative Remedies: The duties and obligations Imposed by the contract documents, if any, and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations Imposed upon CONSULTANT by the Contract Documents, if any, and this AGREEMENT and the rights and remedl.es available to the CITY hereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available at law or in equity, by special guarantee or by other provisions of the Contract Documents, if any, or this AGREEMENT. In order to entitle any party to exercise any remedy reserved to It In this AGREEMENT, or existing in law or in equity, it shall not be necessary to give notice, other than such notice as maybe herein expressly required. No remedy conferred upon or reserved to any party hereto, or existing at law or in equity, shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be In addition to every other remedy given under this AGREEMENT or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time as often as may be deemed expedient. 30.0 Non-Waiver. CITY and CONSULTANT agree that no failure to exercise and no delay In exercising any right. power or privilege under this AGREEMENT on the part of either party shall operate as a waiver of any right, power, or privilege under this AGREEMENT. No waiver of this AGREEMENT, in whole or part, Including the provisions of this paragraph, may be Implled by any act or omission and will only be valid and enforceable if in writing and duly executed by each of the parties to this AGREEMENT. Any waiver of any term, condition or provision of this AGREEMENT will not constitute a waiver of any other term, condition or provision hereof, n'or will a waiver of any breach of any term, condition' or provision constitute a waiver of any subsequent or succeeding breach. The failure to enforce this AGREEMENT as to any particular breach or default shall not act as a waiver of any subsequent .breach or default. 31,0 No Discrimination and Equal Employment: No action shall be taken by the CONSULTANT, nor will it permit any acts or omissions which result in discrimination against any person, ineludlng employee or applicant for employment on the basis of race, creed, color, ethnlclty, national origin, religion, age, sex, familial status, marital status, ethnicity, sexual orientation or physical or mental disability as proscribed by law and that it will take affirmative action to ensure that such discrimination does not take place. The CONSULTANT shall comply with the Americans with Disabilities Act and It will take affirmative action to ensure that such discrimination does not take place. The City of South Miami's hiring practices strive to comply with all applicable federal reg.ulations regarding employment eligibility and employment practices in general. Thus, all Individuals and entitles seeking to do work for the CITY are Thomas F. Pape 10/1312016 54 expected to comply with all applicable laws, governmental requirements and regulations, including the regulations of the United States Department of Justice pertaining to employment el1glblllty and employment practices. By signing this AGREEMENT, the CONSULTANT hereby certifies under penalty of perjury, to the ·GITY,.-that-CONSULTANT-is-·in GGmpliance· with-all-applicable-r-egulatiGRS-andlaws .. _. governing employment practices. 32.0 Governjni Laws. This AGREEMENT and the performance of services hereunder will be governed by the laws of the State of Florida, with exclusive venue for the resolution of any dispute being a court of competent Jurisdiction In Miami-Dade County, Florida, 33.0 Effective Date. This AGREEMENT shall not become effective and binding until it has been executed by both parties hereto, and approved by the City Commission if such approval is required by City's Charter, and the effective date shall be the date of its execution by the last. party so executing It or if City Commission approval is required by the City's Charter, then the date of approval by City Commission, whichever is later. 34.0 Third Party Beneficiary. It Is specifically understood and agreed that no other person or entity shall be a third-party beneficiary hereunder, and that none of provisions of this AGREEMENT shall be for the benefit of or be enforceable. by anyone other than the parties hereto, and that only the parties hereto shall have any rights hereunder. 35.0 Further Assurances. The parties hereto agree to execute any and all other and further documents as might be reasonably necessary in order to ratify, confirm, and effectuate the jntenta!'ld purposes of thts AGREEMENT. 36.0 Time of Essence. Time is of the essence of this AGREEMENT. 37.0 InterRretation. This AGREEMENT shall not be construed more strongly against either party hereto, regardless of who was more responsible for its preparation. 38.0 Force Majeure. Neither party hereto shall be in default of its failure to perform Its obligations under this AGREEMENT If caused by acts of God, civil commotion, strikes, labor disputes, or governmental demands or requirements that could not be reasonably anticipated and the effects avoided or mitigated. Each party .shall notify the other of any such occurrence. 39.0 Subcontracting: If allowed by this AGREEMENT, the CONSULTANT shall be as fully responsible to the CITY for the acts and omissions of its subcontractors/subconsultants as it is for the acts and omissions of people directly employed by ft. All subcontractors/subconsultants and their agreements, if allowed by this AGREEMENT, must be approved by the CITY. The CONSULTANT shall require each subcontractor, who Is approved by the CITY, to agree in the subcontract to observe and be bound by all obligations and conditions of this AGREEMENT to which CONSULTANT is bound., 40.0 Public Records: CONSULTANT and all of its subcontractors are required to comply with the public records law (5.119.0701) while providing goods andlor services on behalf of the CITY and the CONSULTANT, under such conditions, shall incorporate this paragraph in all of its subcontracts for this Project. Under such condition, CONSULTANT and its subcontractors are specifically required to: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency's custodian of pUblic records, provide the pUblic Thomas F. Pepe 10/13/2.016 55 agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided In this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confide,ntlal and exempt from public records disclosure requirements are not disclosed except as ,authQ r-Iz.ed-.by .. law· for--th 6 ·duratlon., of the--contr.act term· an cI following completion of the contract if the contractor does not transfer the records to the public agency; and (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records In possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable" reqUirements for retaining public records. All records stored electronically must be provided to the public agency. upon request from the public agency~s custodian of public records, in a format that Is compatible with the information technology systems of the public agency. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF· CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: mmenendez@southmiamlfl.gov; 6130 Sunset Drive. South Miami, FL 3l14J. 41.0 Notices. Whenever notice shall be required or permitted herein, It shall be delivered by hand delivery, e-mail (or similar electronic transmission), facsimile transmission or certified mail, with return receipt requested and shall be deemed delivered on the date shown on the e-mail or delivery confirmation for any facsimile transmission or, if by certified mail, the date on the return receipt or the date shown as the date same was refused or unclaimed. If hand deUvered to the CITY, a cQPY must be stamped with the offlclal City receipt stamp shOWing the date of deliver; otherwise the document shall not be considered to have been delivered. Notices shall be delivered to· the following Individuals or entities at the addresses (including e-mail) or facsimile transmission numbers set forth below: To CITY: With copies to: Thomas F. Pepe 10/13/2016 City Manager. 6130 Sunset Dr. South Miami, FL 33143 Tel: (305) 668-2510 Fax: (30S) 663-6345 E-mail: salexander@southmlamlfl.gov City Attorney 6130 Sunset Dr. South Miami, FL 33143 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmlamlfl.gov 56 To CONSULTANT: Andrew Hodsell, Unit Manager, for AMEC Foster Wheeler 42.0 Corporate AuthoritY: The CONSULTANT and its representative who signs this AGREEMENT hereby certifies under penalty of perjury that the CONSULTANT and Its representative have, and have exercised, the required corporate power and that they have complied with all applicable legal requirements necessary to adopt, execute and deliver this AGREEMENT and to assume the responsibilities and obligations created hereunder; and that this AGREEMENT is duly executed and delivered by an authorized corporate" officer, in accordance with such officer's powers to bind the CONSULTANT hereunder. and constitutes a valid and binding obligation enforceable in accordance with its terms, conditions and provisions. IN WITNESS WHEREOF", this AGREEMENT was signed on or before the date first above written subject to the terms and conditions set forth herein. ATTESTED: By: ________________ __ MariaM. Menendez, CMC City Clerk Read and Approved as to Form, Language, Legality and Execution thereof: By: __________________ _ Thomas F. Pepe, Esq. City Attorney Thomas F. Pepe 1011312016 City of South Miami By: __ -:-:-__________ _ Steven Alexander City Manager 57 Thomas F. Pepe 10113/2016 ATTACHMENT A "COMPENSATION" PROFESSIONAL SERVICE AGREEMENT Community Rating System Program Services RFQ #PL20 16·23 Proposal for Community Rating System Program Services ~. arner:. I~' fOliter wh.~eler Amec Foster Wheeler is prepared to assist the City of South Miami in their desire to lower their CRS classification from a Class 7 to a Class 6 or better under the guidance of the 201312017 CRS Coordinator's Manuals. Amec Foster Wheeler is extremely familiar with the changes to the 2013/2017 CRS Coordinator's Manuals and the impact these changes have on local programs. The following steps provide an overview of Amec Foster Wheeler's approach for the project tasks to be performed under this RFQ (This proposal follows the four items listed under the Scope of Work on pages 38 and 39 in RFQ PL2016-23): 1. Provide an assessment of the City's current CRS program and assisUhe Town in looking ~or ways to improve the current CRS rating (Improve from a CRS Classification 7 to a CRS Classification 6 or better). Amec Foster Wheeler will hold an initial "kickoff meeting" to explain ways in which the City can improve its rating which may include implementing elements in eXisting activities or undertaking new activities under the 2013/2017 CRS Coordinator's Manuals. Amec Foster Wheeler will provide the City a report (assessment) which outlines the best strategies for South Miami to implement for a class improvement. Below is a listing of CRS credits under the 2007 CRS Coordinator's Manual that the City received for their previous Classification 7. Amec Foster Wheeler will provide realistic recommendations on ways to lower the City's classification that provide a positive cost-benefit or return on investment -number of credit points versus effort. Based on FEMA's Community Information System (CISI), South Miami was last verified by ISO in 2012; therefore, a Cycle Verification Visit -a complete review of the City CRS program -should be conducted in 2017 based on a five-year cycle period. Based on the above scoring guide of credits under the previous Verification Visit, the City of South Miami received 1,542 credits or a Classification 7. There are certain activities of credit which changed from the 2007 to 2013 CRS Coordinator's Manuals. As a result. a few activities have fewer points Proposal: Community Rating System Program Assistance Amec Foster Wheeler I City of South Miami, Florida available under the 2013/2017 Schedules including: Activity 310 -Elevation Certificates: 56 points to 38 points; Activity 320 -Map Information Service: 140 points to 90 points; and ~~~ amec ~?c faster wh~eler Activity 720 -Dam Safety: 71 to 15 pOints (but only if community is impacted by a dam upstream). Therefore, the City of South Miami will need approximately 138 points to keep its Classification 7 and another 450 points to reach a Classification 6. Below is a description of efforts which can help to lower the City's classification to 6 or 20% discount on insurance premiums: 2. Activity 330 -Outreach Projects: Development of a Comprehensive Program for Public Information (PPI). The CRSencourages communities to think "outside the box" and to leverage other partners and stakeholders in getting flood protection messages out to the public. The PPI is the only way many communities can regain points that are lost under the 300 Series of Activities. The benefit of completing a PPI is that a community gets to direct its own outreach messages and dissemination methods (what works best for your community). Additionally, there is a 40% multiplier attached to Activity 330 credits and additional credits in other activities in the CRS Program. The· development of a PPI would require that a committee be formed which must include outside stakeholders not attached to local government. but must also include at a minimUm, those persons responsible for floodplain management in the City and the office responsible for public information (PIO) if that exists. Half of the membership of this committee must be from outside of the community, either citizens or stakeholders. A minimum of two committee meetings must be held to work through the planning process. The process will assess the community's public information needs by identifying target areas of a community to concentrate messages on such as repetitive loss areas, floodplain areas or the entire community. It is also important to identify target audiences such as bi-lingual populations, elderly, disadvantaged, etc. The messages must be formulated to meet the target areas and audiences. Identification of specific outreach projects to convey those messages and to examine other outreach and public information initiatives such as enhancements to the City's website among other CRS activities would also be factored into the process. 3. Activity 510 -Floodplain Management Planning: Development of a Repetitive Loss Area Analysis (RLAA) which includes a study and evaluation of the events leading to flooding of its repetitive loss properties. The City should consider implementing a Repetitive Loss Area Analysis (RLAA) under activity 510 since the credit for this element has increased from 50 points under the 2007 CRS Schedule to 140 points under the 2013 CRS Schedule. Since the City has a manageable number of repetitive loss properties (eight properties) as shown below, this could bring additional CRS credits and push the City closer to a Classification 6 or better. The objective is to look at these eight properties and any nearby or adjacent properties which may have the same or similar flood condition along with any "historical" properties -those with only one current flood insurance claim. The historical properties are important as they may become a community's next repetitive loss properties. Proposal: Community Rating System Program Assistance Amec Foster Wheeler I City of South Miami, Florida Cc)qj;J1'1I111Y Rtptllilve LOsa l..:wWi~V'~I~Ii~io:~~j'lll . B~~~~~nT~;'.'~!lF'Ki~~11\;,*~iF':Tr7::'-;-::~~Yf-':,:"-:"'~/T'":~·~'If'W.~;'"::;;-::-"'·.r ;.~;::'::;HiAt~: "'" ..... 'l :~lli.'!::t~ '~~: ff: ~'~~r.~i~:'~~l ·SJ~~t.Jili: ,eli, ·"t;;.~·H.rlj, jJ~j~JA r,"1"9 ""'''1'; 1~1 j'iiii<~:~' 'i,iis,flJ l!.nrrt. . "ii';.iz..A4'j' "00\ SJ~.11~1li ili,ii,61 N.:~;;'.':~'I.,.,,"t' IM~)hj: ,'oj:i' .. ,00: ·.~s·itilc ·,~i.U(Q' " '.,. ir.;cf t~1 iI;t: ~.I~.j?~~l .,~~,~~~' t,ti?~~,; :'~I»: ,~(i~ th ('J.~;~' l"/oII:.,u·..,·.~u' ..... Additionally, developing a RLAA may become a requirement in the upcoming 2020 CRS Coordinator's Manual. If South Miami prepares a RLAA, the City will be ahead of the rest of the country when this becomes a requirement. 4. Prepare for the Modification Visit including development of documentation to support credit for each CRS Activity and develop a verification manual (Achieve maximum number of credit points in each CRS activity). Amec Foster Wheeler will assist City departments in the preparation of documentation to support credit for each CRS activity. This includes working with the CRS Coordinator and various department representatives. Cooperation will be required from each department that is providing supporting documentation. Amec Foster Wheeler will prepare a verification manual"electronic file" organized by CRS activity which provides every piece of documentation required to support credit. such as community statements, forms, pages from regulations, maps, etc. Amec Foster Wheeler will mark up the documentation to show the element of credit that is being applied and provide the appropriate acronym in the margin as required by ISO. During the Verification Visit. Amec Foster Wheeler will be engaged and will speak up if/when the ISO/CRS Specialist requires something that is not explicitly spelled out in the documentation requirements or the Manual. Additionally, Amec Foster Wheeler will answer any questions in support of documentation, procedures or calculations on behalf of South Miami. Amec Foster Wheeler will provide modification visit,guidance in the following areas (even those credits already verified by ISO) so that we look comprehensively at all of the City's potential credits under the CRS Program. Amec Foster Wheeler will perform all functions listed under the preparation for a modification visit and will take the lead in those activities from a programmatic standpoint. It will be necessary for the City of South Miami to provide some documentation and resources to support the effort. Amec Foster W~eeler will ensure that the CRS Coordinator is involved in all functions of the . project. Additionally, Amec Foster Wheeler will prepare all GIS-related and impact adjustment mapping to support the various CRS activities. In addition to attending the Modification/Verification Visit. Amec Foster Wheeler will help prepare any follow-up documentation required in response to the ISO 30-Day Letter. We understand the potential Proposal: Community Rating System Program Assistance Amec Foster Wheeler I City of South Miami, Florida am!'"" foster ~ wh$eler missing documentation that may result from the Modification or Verification Visits and can help to quickly assemble it for submittal to ISO. Completion of Project -Timetable Kickoff Meeting 330 PPI 510RLAA CRS Activity Evaluation dependent on ISO/CRS Specialist Schedule Project Price Amec Foster Wheeler will assist the City of South Miami to help lower its CRS Classification from 7 to 6 for a lump sum cost of $14,775.00. This price includes evaluating all activities for additional CRS credits, development of a Program for Public Information (PPI) under CRS Activity 330 and for development of Repetitive Loss Area Analysis (RLAA) under Activity 510. Closing Amec Foster Wheeler looks forward to further discussion regarding our approach to the four identified items outlined in the Scope of Work along with the project schedule and/or price. Proposal: Community Rating System Program Assistance Amec Foster Wheeler I City of South Miami, Florida ATTACHMENT B INSURANCE & INDEMNIFICATION REQUIREMENTS PROFESSIONAL SERVICE AGREEMENT Community Rating System Program Services RFQ #PL20 I 6-23 1.0 I Insurance A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub-contractor, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. B. No insurance required by the CITY shall be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization shall be at the CITY's sole and absolute discretion. The FIRM shall purchase insurance from and shall maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability . coverage; (e) claims for damages. other than to the Work itself. because of injury to or destruction of tangible property, including loss of use resulting there from; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership. maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage ariSing out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. 1.02 Firm's Insurance Generally. The FIRM shall provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: 1.03 Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the 'Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. Thomas F. Pepe 1011312016 In addition, the policies must include: Employers' Liability at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. 1.04 Commercial Comprehensive General Liability insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: • Personal Injury: $1,000,000; • Medical Insurance: $5,000 per person; • Property Damage: $500,000 each occurrence; 1.05 Umbrella Commercial Comprehensive General Liability insurance shall be written on a Florida approved form with the same coverage as the primary insurance policy but in the . amount of $1 ,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: (a) Premises and Operation (b) Independent Contractors (c) Products and/or Completed Operations Hazard (d) Explosion, Collapse and Underground Hazard Coverage (e) Broad Form Property Damage (f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. (g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 1.06 Business Automobile Liability with minimum limits of One Million Dollars ($1 ,000,000.00) plus an additional One Million Dollar ($1 ,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of Florida, and must include: (a) Owned Vehicles. (b) Hired and Non-Owned Vehicles (c) Employers' Non-Ownership 1.07 SUBCONTRACTS: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract shall contain the same insurance provision as required by of the Firm, other than the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM and substituting the word FIRM for CITY where applicable. 1.08 Fire and Extended Coverage Insurance (Builders' Risk). IF APPLICABLE: A. In the event that this contract involves the construction of a structure, the FIRM shall maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of construction, including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of said buildings Thomas F. Pepe 1011 312016 or structures. The policy or policies shall also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of the insured property. The policy shall be in the name of the CITY and the Firm, as their interest may appear, and shall also cover the interests of all Subcontractors performing Work. B. All of the provisions set forth in Miscellaneous section herein below shall apply to this coverage unless it would be clearly not applicable. 1.09 Miscellaneous: A. If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should apy insurance have an expiration date that will occur during the period of this contract, the FIRM shall be responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM shall eliminate or reduce such deductible or the FIRM shall procure a Bond, in a form satisfactory to the CITY covering the same. C. The poliCies shall contain waiver of subrogation against CITY where applicable, shall expressly provide that such policy or policies are primary over any other collectible insurance that CITY may have. The CITY reserves the right at any time to request a copy of the required policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY as well as contractual liability provision covering the FIRM'S duty to indemnify the City as provided in this Agreement. D. Before starting the Work, the FIRM shall deliver to the CITY certificates of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy, including the declaration page and all applicable endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer shall be rated A.VII or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as defined in Article I of this document) which shall include the declaration page and all required endorsements. In addition, the FIRM shall deliver, at the time of delivery of the insurance certificate, the following endorsements: . a. a policy provision or an endorsement with substantially similar provisions as follows: "The City of South Miami is an additional insured. The insurer shall pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily injury", 'property damage' , or "personal and advertising injury" and it will provide to the City all of the coverage that is typically prOVided under the standard Florida approved forms for commercial general liability coverage A and coverage B"; b. a policy provision or an endorsement with substantially similar provisions as follows: Thomas F. Pepe 10113/2016 "This policy shall not be cancelled (including cancellation for non-payment of premium), terminated or materially modified without first giving the City of South Miami ten (10) days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification shall be delivered to the City by certified mail, with proof of delivery to the City." E. If the FIRM is providing professional services, such as would be provided by an architect, engineer, attorney, or accountant, to name a few, then in such event and in addition to the above requirements, the FIRM shall also provide Professional Liability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the FIRM shall become legally obligated to pay as damages for claims arising out of the services or work performed by the FIRM its agents, representatives, Sub Contractors or assigns, or by any person employed or retained by him in connection with this Agreement. This insurance shall be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement. However, the FIRM may purchase Specific Project Professional Liability Insurance, in the amount and under the terms specified above, which is also acceptable. No insurance shall be issued by a surplus lines carrier unless authorized in writing by the city at the city's sole, . absolute and unfettered discretion. Indemnification Requirement A. The Firm accepts and voluntarily incurs all risks of any injuries, damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of the Firm or anyone acting through or on behalf of the Firm. B. The Firm shall indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of the Firm, its contractor/subcontractor or any of their officers, directors, agents, representatives, employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement, incident to it, or resulting from the performance or non-performance of the Firm's obligations under this AGREEMENT. C. The Firm shall pay all claims, losses and expenses of any kind or nature whatsoever, in connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates, employees. successors and assigns, including their attorney's fees. in the defense of any action in law or equity brought against them and arising from the negligent error, omission, or act of the Firm, its Sub-Contractor or any of their agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, Thomas F. Pepe 10/13/2016 or incident to or resulting from the performance or non-performance of the Firm's obligations under this AGREEMENT. D. The Firm agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns shall be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the Firm, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing, approving or rejecting any submissions or acts of the Firm, CITY in no way assumes or shares responsibility or liability for the acts or omissions of the Firm, its contractor/subcontractor or any of their agents, representatives, employees, or aSSigns. or anyone acting through or on behalf of them. E. The Firm has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld. F. However. as to design professional contracts, and pursuant to Section 725.08 (I). Florida Statutes. none of the provisions set forth herein above that are in conflict with this subparagraph shall. apply and this subparagraph shall set forth the sole responsibility of the design professional concerning indemnification. Thus, the design professional's obligations as to the City and its agencies, as well as to its officers and employees. is to indemnify and hold them harmless from liabilities, damages, losses. and costs. including, but not limited to. reasonable attorneys' fees. to the extent caused by the negligence. recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the' design professional in the performance of the contract. Thomas F. Pepe 10/13/2016 THIS IS INCLUDED IN THE GENERAL CONDITIONS END OF SECTION 12121/2016 ,\ '1 r--... , .,.-: -cf I A c/jjl)£l~.org ----/ ", "...---~ Detail by Entity Name lJ j '/ r :';j~J! ; of ('j , (, i.l ~ ( J ~ I : r f' r ( J! f r, ,J,j ___ ,./ _____ "./_ .,J Department of State I Division of Corporations I Search Records I Detail By Document Number I Detail by Entity Name Foreign Profit Corporation AMEC FOSTER WHEELER ENVIRONMENT & INFRASTRUCTURE, INC. Filing Information Document Number FEIIEIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date Principal Address F00000004389 91-1641772 08/03/2000 NV ACTIVE NAME CHANGE AMENDMENT 01/07/2015 NONE 1105 LAKEWOOD PARKWAY SUITE 300 ALPHARETTA, GA 30009 Changed: 12/21/2011 Mailing Address 2020 WINSTON PARK DRIVE SUITE 700 OAKVILLE, ON L6H6X-7 CA Changed: 10101/2010 Registered Agent Name & Address C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION, FL 33324 Officer/Director Detail Name & Address Title SA SEMPLE, HERBERT A 511 Congress Street Portland, ME 04101 TitieSVP http://search.sunbiz.orgllnquiry/CorporationSearchiSearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=AMECFOSTERW .. ,1/3 1212112016 lUlL tlLu I • ~~ 1"\1'I.'\IunL r\.C'Vr\ I 0312912011 --ANNUAL REPORT 10101/2010 --ANNUAL REPORT 03/30/2010 --ANNUAL REPORT 04/0312009 --ANNUAL REPORT 0410412008 --ANNUAL REPORT 0411212007 --ANNUAL REPORT 0410712006 --ANNUAL REPORT 0410412005 --ANNUAL REPORT 0210612004 ··ANNUAL REPORT 0312112003 -. ANNUAL REPORT 0211112002·-ANNUAL REPORT 07/0512001 .. ANNUAL REPORT 0911912000 •• Name Change 08/03/2000 --Foreign Profit Detail by Entity Name VI~W 1I11~8t;: HI j"wr IUliliett View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF (annat View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format :" , htlp:/Isearch.sunbiz.orgllnquiry/CorporationSearchfSearchResuItDetail?inqui rytype=EntityN ame&direclionType=lnilial&searchNameOrder=N.AECFOSTERW .. . 3/3 2016 FOREIGN PROFIT CORPORATION AMENDED ANNUAL REPORT DOCUMENT# F00000004389 FILED Oct 06, 2016 Secretary of State CC0424781261 Entity Name: AMEC FOSTER WHEELER ENVIRONMENT & INFRASTRUCTURE, INC. Current Principal Place of Business: 1105 LAKEWOOD PARKWAY SUITE 300 ALPHARETIA, GA 30009 Current Mailing Address: 2020 WINSTON PARK DRIVE SUITE 700 OAKVILLE, ON L6H6X-7 CA FEI Number: 91~1641772 Certificate of Status Desired: No Name and Address of Current Registered Agent: C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION, FL 33324 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Officer/Director Detail : Title SA Title SVP Name SEMPLE, HERBERT A Name TROUTI, LYTLE CJR. Address 511 CONGRESS STREET Address 3800 EZELL RD., SUITE 100 City-State-Zip: PORTLAND ME 04101 City-State-Zip: NASHVILLE TN 37211 Title ACS Title TREASURER Name GERRISH, GREGORY R Name SHERRILL, KENDALL H Address 2020 WINSTON PARK DRIVE, SUITE Address 1105 LAKEWOOD PARKWAY, SUITE 700 300 City-State-Zip: OAKVILLE ON L6H 6-X7 City-State-Zip: ALPHARETIA GA 30009 Title PRESIDENT, DIRECTOR Title SECRETARY Name MASSEY, ANN E Name KNIGHT, BRADLEY J Address 1105 LAKEWOOD PARKWAY Address 1105 LAKEWOOD PARKWAY SUITE 300 SUITE 300 City-State-Zip: ALPHARETI A GA 30009 City-State-Zip: ALPHARETIA GA 30009 I hereby certify that the information indicated on this report or supplementel report Is true and accurate and that my electronic Signature shall have the sama lagal etf90t as If made under oath; that I am an officer or director ofthe corporation or tho racoivBr or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and thai my name appears above, or on an attachment with al/ other like empowered. SIGNATURE: GREGORY R. GERRISH Electronic Signature of Signing Officer/Director Detail ASST. CORP. SECRETARY 10106/2016 Date 16SE I CITY OF SOUTH MIAlVlI COURTESY NOTICE I NEIGHBORS NOTICE IS HEREBY givclJ that thp City CUlIllnis:;.inn of the-City of South Mimni, Florida will (:o1lduet Publk HC<Jl'ing(s) at jg fe-g.ular City Commission meeting scheduled for Tuc-.;day, April IS. 2017, hC'ginning ;11 R:OO p.m., in the City Commission Chamher ..... 6130 Sumc! Drive, 10 l:oosider the folhmring ilem(s): ( A Resolution nulhori/.illg: the City J\!Jamlgcr tu enh~r into Ii multi-year professional St~n'jl'es) agreement with A!vlEC Fosler Wheeler for cOllslIlling s1.~rvices to improve the City's SC{lTe in 11)(' Community Raling System (CRS) progmm. An Ordinance authorizing the City Manager to execute a Third Am('ndml~nt to the lcasl~ i.lgrccment wjlh Miami-Dillh~ County fCIT the U'ie of the City of South Miumi huilding located at (,121 SW "Rth Street. An Ordinancc relating to thc fec s.:hcdl11c: amending: Ordinance 02 M 17-2272 10 remo\'c all appJk:lblc City huilding pcrmit fees rcl.tling 10 the installation oi" ~ol1U panch from thc "SCHEDULE of FEES !lod FINES." An OrdinrllltC! ;unending th(! City of South Mhmli COUl' of Ordinmlt'es, Chilptl'r 11. S('cliol11-11 M4 and 11-2~ to adJ and mnelld tlcflllilioll!o i"md tu revise the r('quirClllcllt~ for trash ~ulll~cti{)n AIl_ inll'n~:\led partie.'i orl' invited 10 attend ami will hl' heard. FIlr further inronnatioll. plca'i!! {';onlacl the CHy Clerk'" OIJir.:l' al: 305-6('3M ('3 f.1lJ. l\'laria M. lvlcnclldcz. CMe C'ityClerk Putsuanl jo Florida Slall11es 2X6.0105. the City here",y ilf.lvi<;(''' the puhlil that iI n pers,'n tlcl:hlc~ 10 appel'll I'lny dc-ci<;jon • made. hy this B\l;ml. AJ!cIlI:Y or Cnmmi~sj()n \\'ith I('spcd 1(' any mallct r.:llllslJercd at iN meeting or hearing. he {II' she will need a fcnlf(i I,j the Jlruc('('dinr~.IUl\llhal Jill such purJl()~I!, affl.'t;leil ]Icrsun may need tn Cllsurc thlll ,I \'erhatimrecord oj Ihe pnJl;ccding~ I~ lllJdc wlJll:h rct:\lrJ indlhlc~ the 1{:~lImllny Ilnlll;'\'I,Jeure upun whith Ihe :JPPc;l1 is ill h(~ bilSC(1. April is National Volunteer month, and at Neighbors 4 Neighbors, we. know that Helping Feels Good and everyone has a talent or skill to share. Join over 1,000 of your neighbors and register on our volunteer matching website www.Helplngfeelsgood.org You'll find lotS cif projects entered by our nonprofit partners. that match your Interests, time and locaUon. You can search for them anytime, onca you register. Ourpopular Singing with the Stars fundraiser is coming to Miami thls'year on June 7th at Ball and Chain. Jotn us for a crazy night of song and performances by some of the finest "Stars· In our communily. last year's Rock star of the Night, Rixys Alfonso, will return to defend her title. Check out our Facebook page, and website for upcoming details. Neighbors 4 Neighbors turns 25 this year. We are. very proud to be partnering with History Miami for their exhibition. Hurricane Andrllw ... 25 Years After, opening June 1. v;;i{·~;.~!~~:~'~~~~:o~~!%,~f:~~~cti&;~:l:fg~'2~~.;; A CommUnityse.vt6eofi:lt,itThuitiH~.I~ fltJltnerslilP ~lli CBS4 HllRBERT \V HOOVllR d.· Chl~";.~ '011"',,,",,,.·10" ~~ ':"'I.<.>~"""<.lo~. I SUNDAY APRIL 9 2017 MIAMIHERALD.COM NOTICE BY THE CITY OF SOUTH MIAMI OF INTENT TO USE THE UNIFORM AD VALOREM METHOD OF COLLECTION OF A NON-AD VALOREM ASSESSMENT Notice is hereby given to all owners of lands located within the boundaries of the City of South Miami that the City of South Miami intends to use the uniform ad valorem method for collecting the Stormwater non-ad valorem assessments levied ~y the City of South Miami as set forth in Section 197.3632. Florida Statutes. and that the City Commission will hold a public hearing on Tuesday, May 2, 2017. at 7:00 p.m. at the 6130 Sunset Drive. Commission Chambers. The purpose of the public hearing is to consider the adoption of a Resolution authorizing the City of South Miami to use the uniform ad valorem method of collecting the Storrnwater non-ad valorem assessments levied by the City of South Miami as provided in Section 197.3632, Florida Statutes. The City of South Miami is considering adopting a non-ad valorem assessment for 2018. for the purpose of collecting the Stormwater User Fees. This non-ad valorem assessment is levied for the first time which was previously charged in the utility bill. Dr. OSURI YAU Dr. LINDSAY RINGDAHL Orthodontic Options'· 8r~ for a.U.;~e.y .,.......- " MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI·DADE: Before the undersigned authority personally appeared MARIA MESA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review flk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of NOTICE OF PUBLIC HEARING' CITY OF SOUTH MIAMI -APR. 18,2017 in the XXXX Court, was published in said newspaper in the issues of 04/07/2017 Affiant funher says that the said Miami Daily Business Review is a newspaper published at Miami, in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida each day (except Saturday, Sunday and Legal Holidays) and has I?een entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for of securing this advertisement for public . (SEAL) MARIA MESA personally known to me . CITY OF SOUTH MIAMI, NOTICE OF PUBLI~HEARING NOTICE IS. HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s) at its regular City Commissio'nmeeting, scheduled for Tuesday, April 18, 2017, beginning at 8:00 p.m., in the City Commission Chambers, 6130Sunset Drive, to c~>nsi.der the follol'ling item(s): ( ' AResoluti~n authorizing .the Ci~ Manager to' enter into a mUlti-year) prefessional services, agreement, with AMEC Fester Wheeler· for consu,ltin g services to Improve tbe City's score in the Cemmunity Rating System (CRS) program. . . " ." . , An Ordinance authorizing ~he City Manager to exe,cute a Third Amendment. I tothe lease ag!eementwith Miahli-D~de.pout.l~ for the, use of the .City of South Miami building located at 6121 'SW 68th Street. ' . An Ordinance relating to the fee schedule; amending .Ordinance 02-17-2272 to remove all applicable City bui.lding permit fees 'relating to' the installation ef selar-panels frem the "SCHEDULE 'ef FEES and FINES." ' . ~ i . . An Ordinance amending the City ef 'South Miami Cede of Orciinances, Chapter 11, Sections 11-4 and 11-22 to add and amend definitiens and to' revise the requirements for trash cellection, . . ALL interested parties are invited to' attend and will be heard. For furlhe; infermatien, please centactthe City Clerk's .Office at: 305-663-6340 .. :'., Maria M. Menendez, CMC ,City Clerk :Pursuant to' Florida Statutes 286.0105, the City hereby advises the public 'that if a' perspn decides to' appeal any decision made by this Board, Agency er Commission with respect to' any matter censidered at its meeting or hearing, he er she will need a recerdef the preceedings, and that for such purpose, affected persen may need to" ensure that a, verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. 417 17 -45/0000214226M