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scan0004Interested persons who wish to respond to this Solicitation can obtain the complete Solicitation 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-11www .south miamifl.gov1 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 Solicitation Package, including all documents listed in the Solicitation. A public opening will take place at 10:00 a.m. on the same date in the City Commission Chambers located at City Hall, 6130 Sunset Drive, South Miami 33143. Any Proposal received after 10:00 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. Maria M. Menendez, CMC City Clerk City of South Miami ??+f2 +2522 ?:2r<:n7<?b«C962 +2? +LC22 "Purchase , w,£« the «a C«za >, , ©x« «« «w< *» » «« «« m >G4w«fw>2 Community RFP \fk<*:«Ir Thomas RPepe ;t,pG5 SCHEDULE OF EVENTS "Purchase and Installation of Fitness Center Equipment at the Gibson- Bethel Community Center" RFP #PR2016-4 S No I ( Event Date* Time* EST) Thomas F. Pepe, 12/10120 15 END OF SECTION 11 INSTRUCTIONS for RESPONDENT RIFP I . Purpose of Solicitation. The City of South Miami is requesting proposals for the lowest and most responsive price for the Project. The City reserves the right to award the contract to the Respondent whose proposal is found u,bem the best interests of the City, l Qualification of Proposing Firm. Response submittals to this Solicitation will be considered from firms normally engaged in providing the services requested. The proposing firm must demonstrate adequate cxpr,i,nce, orgon/zction, offices, equipment and personnel toensure prompt and efficient service m,the City of South Miami. The City reserves the right, before recommending any uward, 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 Solicitation where evidence submitted, or investigation and evaluation, indicates inability of a firm to perform. ]. Deviations from Specifications. The awarded firm shall clearly indicate, as applicable, all areas in which the services proposed Ju not fully comply with the requirements of this Solicitation. The decision as to whether an item fully complies with the stated requirements rests solely with the City ofSouth Miami, 4. Desiinnted Contact. The awarded firm ahx|| appoint a person to act as u primary contact with the City of South Miami. This person or back-up shall be readily available during normal work hours by phone, emaU, or in persun, and shall be knowledgeable of the terms of the contract. S 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 responxc, 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 appiy, unless clearly contrary to the specific terms of the Contract or General Conditions to the Contract: a) Addenda toSolicitation b) Attach mencx/Exhi bits uo c} Solicitation d) Attach mendExhibuo to Supplementary Conditions e) Supplementary Conditions to Contract, if any f) AttachmendExhi bits t* Contract g) Contract h) General Conditions to Contract, if any i) Respondent's Proposal 6� Response Withdrawal. After Proposals are mpened, corrections or modifications to Proposals are not permiuzd, but the City may xUo* the proposing firm to withdraw an erroneous Proposal prior to [he confirmation of the proposal award by City Commission, if all of the following in established: a) The proposing firm acted i^ good faith /n submitting the response; 6) 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 Arm submits an explanation in wridng, signed under penalty ofperjury, stating how the error was made and delivers adequate documentation to the City to support the explanation and ro oho* 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. |f there ioa conflict bumvccn the Cover Letter and throe instructions, or any other provision of this Solicitation, the Cover Letter shall govern and take precedence over the conflicting provmon(s) in the Solicitation. 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 u propuma|, qualifications, a letter of interest or u bid concerning any contract for the provision of goods or services for a period of one year, ContacahaUmn|ybemoded`rough regularly scheduled Commission mceun8,, or meetings scheduled through the Purchasing Qwsion, which are for the purposes nf obtaining additional or clarifying information. 13. Lobbying, All firms and their agents who intend to submit, or who mbmkzmd' bids or responses for this 3dicitudon, 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 Solicitation. Contact ,hd| only be made through regularly scheduled Commission meoUngp, or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or clarifying information. 14. Reservation of Right. The City anticipates awarding one contract for services as : result of this Solicitation 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, cudo any of the following: a) to reject any and all submitted Responses and tm further define orlimit the scope of the award, b) to waive minor irregularities in the responses nrinthe procedure required by the Solicitation documents. c) to request additional information from firms an 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 Proposal 6e completed in all respects, e) to negotiate modifications tothe Proposal that itdeems 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. @) To modify the Contract Documents, The terms of the Contract Documents are general and not necessarily specific tothe Solicitation. !ciu therefore mnt|dpiued 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 vubr 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, 8 to award the Project, and execute a contract with a Respondent or Respondents, other than rvone 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. /S, 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 per-son, company, corporation, individual or firm other than a bona fide employee, contractor or sub-consultant, working in its ernploy, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of a contract with the City. !6. Public Entity Crimes. A person or affiliate of the Respondent who has been placed on the convicted vendor list pursuant to Chapter 287 following aconviction for public entity crime may not submit n Proposal on a contract to provide any goods or services, ora contract for construction or repair nfa 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. 17. Respondents shall use the Proposal Form(s) furnished by the City. Ail erasures and corrections must have the initials of the Respondent's authorized representative in blue ink, at the location u[ each and every erasure and correction. Proposals shall be signed using blue ink; all quotations shall betypewritten, or printed with blue ink. All spaces shall be filled in with the requested information or the phrase "not npp|icab|e" or "NA". The proposal skuU be delivered on or before the date and dme, 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 o/ the Proposal Forms may invalidate the Proposal. RespQndentsha8 deliver to the C1ty, as part of its Propmxu|, the following documents: a) The Invitation for Proposal and Instructions coRespondents, b) A copy pf all issued addenda. c) The completed Proposal Form fully executed. d) Propo5al/Bid Bond, (Bond or cashier's check-), if nz,.quired, attached to the Proposal Form. TxmrommpPepe MIUMIS 9 Thm"as F. Pepe 12110/2015 END OF SECTION Proposal Submittal Checklist For "Purchase and Installation of Fitness Center Equipment at the Gibson- Bethel Community Center" RFP #PR2016-05 This checklist indicates bg by the deadline set for within the solicitation. Fulfillment • 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 Solicitation. The response shall include the following items: X One (1) Original Unbound Proposal, Five (5) Additional Copies and One (1) Digital Copy x Indemnification and Insurance Documents EXHIBIT 2 x Bid Form, EXHIBIT 3 x Respondents Cost and Technical Proposal, EXHIBIT 4 x Signed Contract Documents (All — including General Conditions — and Supplementary Conditions if attached) EXHIBITS x Respondents Qualification Statement x List of Proposed Subcontractors and Principal Suppliers Submit this checklist along with your proposal indicating the completion and submission of each required forms and/or documents. Thomas R Pepe 12110/2015 END OF5ECTION I U" DATE (MM /DD /YYYY) AC40REO CERTIFICATE OF L I I I 3/29/2016 COVERAGES GERI IFIGA It NUMbtK:la /10 ugaacea mr- VIJIUlm lNuivli3G@C: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iNSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY YYYY POOLICY(YEXP LTR LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 100 , 000 A j CLAIMS -MADE � OCCUR PREMISES Ea occu ence $ IDESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) FRIMTWE CPP00205691 6/5/2015 6/5/2016 MED EXP (Any one person) $ 5,000 PERSONAL& ADV INJURY $ 1,000,000 - � L GEN -L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO � JECT � LOC PRODUCTS - COMP /OP AGO $ 2,000,000 — $ OTHER: ( AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 � X ANY AUTO BODILY INJURY (Per person) BODILY INJURY (Per accident) $ $ ALL OWNED SCHEDULED TPP117594500 11/9/2015 11/9/2016 L___ AUTOS AUTOS NON -OWNED PROPERTY DAMAGE Per accident - - -- $ _ HIRED AUTOS AUTOS I I Medical payments $ 5,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1, 000,000_ 1 AGGREGATE $ C EXCESS LIAB CLAIMS -MADE DED X RETENTION$ 10 000 j$ UMB0021671 8/12/2015 8/12/2016 WORKERS COMPENSATION STATUTE I EERH AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR /PARTNER /EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 A (Mandatory in H) EXCLUDED? ❑ N/A A 001WC15A73806 6/26/2015 6/26/2016 E.L. DISEASE - EA EMPLOYE $ 1,000,000 .� E.L. DISEASE - POLICY LIMIT _ I $ 1,000 000 If yes, describe under If yes, and DESCRIPTION OF OPERATIONS below I I D Employment Practices Llab G27106080003 11/12/2015 11/12/2016 Aggregate Limit of Liability $1,000,000 IDESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) FRIMTWE RESPONDENT QUALIFICATION STATEMENT RFP #PR2016-05 The response to this questionnaire shall be utilized as part of the CITY'S overall Proposal Evaluation and RESPONDENT selection, I. Number of similar projects completed, a) In the past 5 years b) In the past 10 years 2. List the last three (3) completed similar projects, 13 IE a] Thurnwi F. Pepe 12"! 0!20 15 Project Name: Owner Name: Owner Address: Owner Telephone: Actual Final Contract Completion Date: Original Contract Price: Project Name: Owner Name: Owner Address: Owner Telephone: Actual Final Contract Completion Date: Original Contract Price: 1, 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-Government Agencies for which you have done business within the past five (5) years, ffim� 13 Name of Agency: kin, lz Sr Contact Person: TAIA. (L'�5`P A; U) -Z-;O - -- f 'k Type of Project: -T , I I /,S,� or, - rf F, C, M M RFP 1 1 W STATE OF FLORIDA COUNTY [FMIAM|-DA0E UL_4on _3lf� .— being first duly sworn, deposes and states that: (|) He/She/They is/are the (Owner, Partner, Officer, Representative or Agent) of �ee Respondent that has submitted the attached Proposal; (8 He/She/They islare 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 in not m collusive vr sham Proposal; (4) Neither the said Respondent nor any of its officers, pnrtners, mwnem, agents, representatives, employees or parties in interest including this affiant, have in any way colluded, conspire6, connived or agreed, directly or indirectly, with any other Respondent, 8rm, or person to submit acollusive 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 /nd/recdy, sought by agreement or collusion, or communicatiun, or conference with any Respondent, Mrm, or person on fix any n,erhead, profit, or cost elements of the F+opnsal or of any other Respondent, or to fix any ovcrheod, prn0c, or coot elements of the Proposal Price or the Proposal Price of any other Respondent, or to secure through any collusion, cunopiracy, oou^ivancc, or unlawful agreement any advantage against (Rcdpiend. 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 tzmoad 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 thivaffianc before me, the undersigned Notary Public ofd,�State mr'nnna,persomnlyuppearau(mmne(s)cxmu/wdum(s) who appeared before notary) 16 11 1j — — and whose name(s) is/are Subscribed to the within -1 LIC H"--) L EL—�2 �C? C 1� instrument, and he/she/they acknowledge that helshelthey executed it./7 WITNESS my hand and official seal, NOTARY PUBLIC: SEAL OF OFFlCE: V M� � MIXUPI., M State of Florida t (Name of Notary Public: Print, Stamp or type as commissioned.) Personally known to me, or Personal identification: Type of Identification Produced Did take an oath, or Did Not take an oath, Pursuant to the provisions of Paragraph CU (a) of Section 207 1]3. 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 sanjos to u public entity, may not submit uBid 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 end`y, may not be awarded to perform Work as a RESPON[}ENT. Sub-contractor, supplier, Sub-consultant, or Consultant under o 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 The award of any contract hereunder is subject to the provisions of Chapter 112_ 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. This sworn,statement is submitted to —' [print name of the public entity] name [print name of entity submitting sworn statement] Z | understand that a "public entity c,kne' as defined in Paragraph 287.133 (|)(g), Florida Statutes, means a violation of any state or federal |o* by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to , any bid, 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, brihery, coUumon, mcketcering, con,pirzcy, or material misrepresentation. ]. | understand that "convicted" or "conviction" as 6cfinc6 in Paragraph 287.133 (|) (b). Florid/ Statutes, means a finding of guilt oru conviction nfo public entity crime, with or without onadjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July |. 1989. as a result of u jury vcr6i,t, non-jury trial, or entry of a plea of guilty or no!vcontendepc. 4` | understand that nn'-affi|bte^oo defined in Paragraph 287,133 ({)(a). Florida Statutes, means: (a) A predecessor or successor ofa person convicted ofa public entity crime; or y4 An entity under the control of any natural person who is active in the management of the entity undvvhohasbeonconvi,todofapubKcendtycrime.Theterm^affi|ime^inc|udesthoxeofficem. 6irectoo, axecuci,ox, partners, shareholders, emp|oyces, members, and agents who are active in Thomas F. Pepe H 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 incorne among persons when, not for fair market value under an arm's length agreement, shall • 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 crinne in Florida during the preceding 36 months shall be considered an affiliate. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. --The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a, public entity crime subsequent to July 1, 1989. Personally known �� M (Type of identification) Form PUR. 7068 (Rev.06/11/92) Notary Public — State of My commission expires Ll Wrinted, typed or stamped commissioned name of notary public), 1C i,1 ANNORA FOREMANU` ES Jan EXPIRES January 27, 2017 Whenever two or more Bids or Pro •osals which are e ual with rpsgert to trice. u2litv _Uj7dI_rF►• •"• ♦lllb IU[ LIM [►I ULV_ I CITIUM Of CURMTRIMes Mor 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 clrur!�-free workwilace t7xogram. In order to have a dru -free work�_,Ltbe__ program, a business shall: 20 FAWIN, NZIPM 5,411112, 7 F11 TO THE cry OF SOUTH MIAMI to comply with such act or regulation, CONTR CTOR BY: �)b s NU-C�UL I' I 'am, —Gt--D -- Title W� 21 V"ness 'L�A YLt-a 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. DISCRIM11U==E�_ �T- RMW 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: ended discrimiaajo[X_comp[a��� ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF MIAMI-DADE )n this the r, day of IAOBC�_%, 20-1(0 the undersigned authority, persor ally who is personally know to me or who provided the g nd who took an oath or affirmed that that, he/shelthey executed the foregoing Affidavit as the Declarant. WITNESS my hand and official seal. 22 (it necessary, use a separate sheet u, supply additional in6znnmd mn zb �� will not cm dh b o�ne;h—ow—c—v-e—r - -- you must make refe,*mce, on the above |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 soun behalf nfa firm whose stock is publicly traded, the statement in this section (4) shall be based solely on the signatory's personal know|edgcund he/she is not required to make an independent investigation as to the financial interest in the Firm of city cmpmycc,, appointed officials or the immediate family members of elected and/or appointed officiul or employee.] (5)! and the Firm further agree not to use or attempt 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)|and the Firm hereby acknowledge that we have not contracted or transacted any business with the City mr any person or agency acting for the City, and that °m have not appeared i" rep,escntadnnof any third pur� before any board, commi,dvnpr�encymfthe City °/�binthe p�mtwo ycm��hertbanan Thomas F.Pepe M follows:- (if necessary, use a separate sheet to supply additional information that will riot 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,asu spouse, son, daughter, parent, brother or sister) is related by blood ormarriage to: Wany member of the City Commission; (ii) any city employee; or(iii) any member nf any board qrogcncyofthe City other than osfollows: (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 officias 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 mernber of those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) nor any of my immediate family members (hereinafter referred to as "Related Parties") has responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial interest greater than 5% in the Firm, or any member of those persons' immediate farnily (i.e. spouse, parents, children, brothers and sisters) have also responded, other than the following: (if necessa.ry, 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 w. their any member onthose persons' immediate family] (9) 1 and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties ,pmn and the Firm. (|8)Aviolation of the C|q''u Ethics Code, the giving 9Y any false information wr the failure cm supplement this Verification Form, may subject me or the Firm to immediate termination of any agreernent 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 tn action by the Miami-Dade County Commission mn Ethics. Under penalty ofperjury, I declare that | have made a diligent effort tminvestigate the matters oo which |nm attesting hcrzinabove and that the statements mad=hcrcinabo,e are true and correct on the best ofmy knowledge, information and belief. Print Name & Title rm\ e, Thomas F. Pepe E Sec. SA~l,~ Conflict mfinterest 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 cfEthics [Jndmancc.^ This section shall be applicable to all city personnel as defined be|ow, and shall also constitute 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)Defiv/t/ons. For the purposes n/ this section the following definitions shall beeffective: (1) The term "commission members" shall refer to the mayor and the members of the city commission. (2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies, such as the city community redevelopment agency and the health facilities authority. (3) The term "quosi-|udicia1 personnel" shall refer »p 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 os 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 "compcnsuzion" shall refer cn any money, gift, favor, thing of value ur financial benefit conferred, or tobe conferred, in return for services rendered urcuberendered. (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, parcncsh(p, or other business entity ct the time mf transacting business with the city. (9) Tile 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 Solicitation, a staternent of qualifications in response to a request by the city, or entering into contract negotiations for tile provision on any goods or services, whichever first Occurs. (c) Prohibition ontransacting business with the city. No pprxpo included in the terms defined in paragraphs (b)(()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 mfthis 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 vr make illegal: (1) The payment of taxes, special assessments or fees for services provided by the city government; (2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through underwriters or directly from time ootime. Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four affirmative votes of the city commission after public hearing upon finding that: (1) An. open-to-all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2), (3) and (4); (V 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 city person defined in paragraphs (6)(2), (3) and (4); (3) The property cr 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 buin the best >ntereot o/ the city, This subsection shall be applicable only tuprospective transactions, and the city commission may mnn case ratify u transaction entered mviolation of this subsection. Provisions cumulative. This subsection o6a|| be taken tm be cumulative and o6*|} not be construed to amend or repeal any other law pertaining to the same subject matter, (d) Further prohibition on transacting business with the cfty� Thomas F.Pepe 25 . ` r E (i) Conflicting emptoyment prohibited No person included in the terms defined ioparagraphs b)(|) through (6) shall accept other employment which would impair independence ofjudgment in the performance of any public duties, (j) Prohibition on outside employment. (!)Nm person included iwthe 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 tobe performed on city time. b. When permitted. /\ full-time city employee may accept incidental ormccooimnW outside employment uo long ay 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 emp1qymanthy any full-time city employee must first bo approved in writing by the employee's department head who shaH maintain a complete record of such mmploymenc d, Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in section I ii uf the Code ofMiami-Dade County and, !n addition shall be subject oo 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 6y the city. (2) All full-time city employees engaged in any outside employment for any person, firm, corporation or entity other than the city, or any of its agencies or ins crumental 'shall fUc' under oath, an annual report indicating the source of the outside employment, the nature of the work being done and any amount of money urother 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 ernployees for good cause. (k) Prohibited investments. No person included in the terms defined in paragraphs (b)(1) zhrough (6) or a member of the immediate family shall have pnrmmnu| investments in any enterprise which will create asubstantial conflict between private interests ,and the public interest. (8) Certain appearances and payment prohibited. (|)Wo person included in the terms defined in paragraphs (b)(1), (5) and (6) shall appear before any aty board or, agency and make v presentation vnbehalf ofo third person with respect tm 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) sha|l 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 bythe third person. Nor shall such person receive any compensation or gift, directly or indirectly, for services rendereal 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 6y the third party. Nor shall the person appear in any court pr before any administrative tribunal as counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such person serves through the suit in qvenc/*^ (mm) Actions prohibited when financial interests involved. No person included in the terms JeHnc6 in paragraphs (W (|)zhrnugh (6) shall participate in any official action directly or indirectly affecting a business in which that person orwnymemberofthmimmedimtcfami|yhxoa financial interest. Afinancial interest isdefined in this subsacdpn to include, but not bolimited to, any direct or ind|rectintereotiounyinvestmcncequiry.mrde6c. (n) Acquiring financial interests. No person included (n the terms defined |n paragraphs (b)(/) through (6) shall acquire a financial |ncerestinp project, business entity orprope�7acadme when the person he8aves or has reaopncobd|mva�hnt the financial interest may be directly affected 6y official actions qrbyoffidui actions hy the city mr city agency u/ which the person is an official, officer ^remployee. (0) Recommending professional services. 27