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13THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission FROM: Steven Alexander, City Manager Agenda Item No.: 13 DATE: August 15, 2017 SUBJECT: A Resolution ·authorizing the City Manager to enter into a multi-year agreement with Duff & Phelps, LLC for inventory and valuation services of City assets for a total amount of $31,000 over the S-year contract term. BACKGROUND: The City issued a Request for Proposal to engage a firm for a five (5) year agreement for the proposes of providing inventory and valuation services to conform to the requirements of GASB 34 as it pertains to reporting requirements and depreciation. Two proposals were received: . RESPONDENT 5 -YEAR FEE Duff & Phelps $31,000 (Incumbent) HCAAsset Management $105,000 A selection committee, comprised of Shari Kamali/Deputy City Manager, Quentin Pough/Parks and Recreation Director and Chairperson, Alfredo Riverol/Chief Financial Officer, reviewed, scored and ranked the respondents on May 25, 2017. Based on the final scores and rankings, the selection committee is recommending Duff & Phelps for the award. The combined final rankings are below: Selection Committee: FINAL RANKINGS Evaluator Duff & Phelps HCAAsset Management Shari Kamali 100 60 Quentin Pough 100 60 Alfredo Riverol 100 60 TOTAL 300 180 Both Respondents were viewed as capable by the Selection Committee to provide the services requested by the City in the RFP. The deciding criteria came THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER·OFFICE MEMORANDUM AMOUNT: ACCOUNT: down to the "Proposed Annual and Contract Fee." The Committee could not justify recommending HCA Asset Management given their proposed fee of $105,000 over the 5-year contract period. I Duff & Phelps, formerly American Appraisal, was previously awarded as-year contract by the City as a result of a competitive sealed bid process in August, 2012 to provided inventory and valuation services. The inventory conducted during the fall, 2016 was the final inventory for the 5-year contract. American Appraisal, (Duff & Phelps), has provided the City with timely and accurate service over the contract term and regularly interfaces with the City's auditor during the annual external audit of the City's financial statements American Appraisal was acquired by Duff & Phelps on February 24, 2015. The transition was seamless and Duff & Phelps has kept the same staff servicing the City during and after the acquisition. $6,000 for FY 2017-2018 001-1330-513-4510, Contractual Services ATTACHMENTS: Resolution RFP #FN2017-07 Pre-bid Bid Opening Report Duff & Phelps Proposal Selection Committee Score & Rank Sheets Daily Business Review Advertisement Demand Star Sun Biz 1 RESOLUTION NO: _____ _ 2 A Resolution authorizing the City Manager to enter into a multi-year 3 agreement with Duff & Phelps, LLC for inventory and valuation services 4 of City assets for a total amount of $31,000 over the 5-year contract term. 5 WHEREAS, the City issued a Request for Proposal to engage a firm for a five (5) 6 year agreement for providing annual inventory and valuation services of City's assets; and 7 WHEREAS, the services solicited must conform to the requirements of GASB 34 as 8 it pertains to reporting requirements and depreciation; and 9 WHEREAS, two proposals were received and were reviewed, scored and ranked 10 by a Selection Committee comprised of City staff; and 11 WHEREAS, the Selection Committee scored and ranked Duff & Phelps, LLC as the 12 highest ranked Respondent and subsequently recommended them for the award; and 13 14 WHEREAS, the expenditure Will be charged to account no. 001-1330-513-4510, 15 Contractual Services; and 16 WHEREAS, the agreement shall be for a term not to exceed five (5) consecutive 17 years with a total contract amount over the five (5) year term of $31,000. 18 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 19 THE CITY OF SOUTH MIAMI, FLORIDA; 20 Section 1. The City Manager is authorized to enter into a multi-year agreement 21 with Duff & Phelps, LLC for annual inventory and valuation services of City's assets to 22 conform to the requirements of GASB 34 as it pertains to reporting requirements and 23 depreciation for a contract term not to exceed five (5) consecutive years for a total 24 contract amount of $31,000. A copy of the contract with Duff & Phelps, LLC is attached. 25 Section 2. Severability. If any section, clause, sentence, or phrase of this 26 resolution is for any reason held invalid or unconstitutional by a court of competent 27 jurisdiction, this holding shall not affect the validity of the remaining portions of this 28 resolution. 29 Section 3. Effective Date: This resolution shall take effect immediately upon 30 adoption. 31 32 33 34 35 PASSED AND ADOPTED this _ day of ____ ., 2017. ATTEST: APPROVED: Page 1 of2 1 2 3 4 5 6 7 8 9 10 CITY CLERK . READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION EXECUTION THEREOF CITY ATTORN EY Page 2 of2 MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Welsh: Commissioner Harris: Commissioner Liebman: Commissioner Edmond: ~ Sou[h,Jiami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI INVENTORY AND VALUATION SERVICES RFP #FN20 17-07 Solicitation Cover Letter SUBMITTALS DUE: May 10,2017 AT 10:00 A.M. The City of South Miami, Florida (hereinafter referred to as "CSM") through its chief executive officer (City Manager) hereby solicits sealed proposals responsive to the City's request (hereinafter referred to as "Request for Proposals" or "RFP"). 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 Manager, or the manager's designee, for the City of South Miami unless otherwise specifically defined or unless the context in which the word is used requires it to mean the City of South Miami. The City is hereby requesting sealed proposals in response to this RFP #PR20 17-07, "Inventory and Valuation' Services." The purpose of this Solicitation is to contract for the services necessary for the completion of the project in accordance with the Scope of Services, (Exhibit I, Attachment's A & B) or the plans and/or specifications, if any, described in this Solicitation (hereinafter referred to as "the Project" or "Project"). Interested 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://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 Solicitation Package, including all documents listed in the Solicitation. 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: "Inventory and Valuation Services," RFP #PR20 17-07 and the name of the Respondent (person or, entity responding to the Solicitation. 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 10:00 a.m. local time on May 10, 2017. A public opening will take place at 10:00 a.m. on the same date in the City Corpmission 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. Hand delivery of submittals must be made Monday through Friday from 8 AM to 5 PM to the office of City Clerk. A Non-Mandatory Pre-Proposal Meeting will be conducted at the City Hall in the Commission Chambers, 6130 Sunset Drive, South Miami, FL., 33143 on April 25, 2017 at 10:00 a.m •. 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 Solicitation Package. The City reserves the right to award the Project to the person with the lowest, most responsive, responsible Proposal, as determined by the City, subject to the right of the City, or the City Commission, to reject any and all proposals, and the right of the City to waive any irregularity in the Proposals or Solicitation procedure and subject also to the right of the City to award the Project, and execute a contract with a Respondent or Respondents, other than to one who provided the lowest Proposal Price or, if the Scope of the Work is divided into distinct subdivisions, to award each subdivision to a separate Respondent. Maria M. Menendez, CMC City Clerk, City of South Miami SCOPE OF SERVICES and SCHEDULE OF VALUES INVENTORY AND VALUATION SERVICES RFP #FN2017·07 The Scope of Services and the Schedule of Values, if any, are set forth in the attached EXHIBIT I END OF SECTION 2 No I 2 3 4 5 6 SCHEDULE OF EVENTS INVENTORY AND VALUATION SERVICES RFP #FN20 17 -07 Event Advertisement! Distribution of Solicitation & Cone of Silence begins Non-Mandatorx Pre-RFP Meeting Deadline to Submit Questions Deadline to City Responses to Questions Deadline to Submit RFP Response Projected Announcement of selected Contractor/Cone of Silence ends END OF SECTION 3 Date* Time* (EST) 0411112017 4:00 PM 4/25/2017 10:00 AM 511/2017 10:00 AM 5/5/2017 10:00 AM 5110/2017 10:00 AM 6/6/2017 7:00 PM INSTRUCTIONS for RESPONDENT INVENTORY AND VALUATION SERVICES RFP #FN20 17 -07 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 SOLICITATION FORM. 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 to be in the best interests of the City. 2. 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 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 Solicitation 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 Solicitation. 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) Addenda to Solicitation b) Attachments/Exhibits to the Solicitation c) Solicitation d) Attachment/Exhibits to Supplementary Conditions e) Supplementary Conditions to Contract, if any f) Attachment/Exhibits to Contract g) Contract 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 Solicitation, the Cover Letter shall govern and take precedence over the conflicting provision(s) in the Solicitation. S. Any questions concerning the Solicitation or any required need for clarification must be made in writing, by, 10:00 a.m., May I, 20 17 to the attention of Steven P. Kulick at skulick@southmiamifl.gov or via facsimile at (305) 663-6346. 4 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 Solicitation Package (also known as "Solicitation Specifications" or "Solicitation") 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. II. Cone of Silence: You are hereby advised that this Request for Proposals is subject to the "Cone of Silence," in accordance with Section 8A-7, of the City's Code of Ordinance. 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 and members of the City Commission. The Cone of Silence ordinance, Section 8A-7, has been duplicated at the end of these instructions. 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. "Lobbyist" means all persons (including officers and managers of a legal entity), firms, or legal entities such as a corporation, partnership or limited liability company, employed or retained by a principal (including an officer of the principal or an employee of the principal whose duties include marketing, or soliciting business, for the principal) who seeks to encourage the passage, defeat, or modifications of (I) ordinance, resolution, action or decision of the City Commission; (2) any action, decision, recommendation of the City Manager or any City board or committee; or (3) any action, decision or recommendation of City personnel during the time period of the entire decision-making process on such action, decision or recommendation which foreseeably will be heard or reviewed by the City Commission, or a City board or committee. All firms and their agents who intend to submit, or who submitted, bids or responses for this Solicitation, 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 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 or as otherwise provid~d for in the City's Cone of Silence. Any presentation before a selection committee is considered to be lobbying; however, the presentation team may avoid formal registration by complying with section 8A-5 (c) (9), of the City's Code of Ordinances. A presentation team affidavit is provided with this solicitation that may be used to comply with presentations, if applicable. Anyone who submits a proposal, whether solicited or unsolicited, on behalf of his or her principal or his or her employer is considered to be a lobbyist and must register. An officer or manager of a legal entity who is submitting a proposal, whether solicited or unsolicited, is considered to be a lobbyist. See section 8A-5 of the City's Code of Ordinances for further information and contact the City Clerk to register as a lobbyist. 14. Reservation of Right. The City anticipates awarding one contract for services as a 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, 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 Solicitation 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 Proposal 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. 5 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 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. 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. 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 ofall 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: Ifgoods are to be provided pursuant to this Solicitation 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 thi s Proposal prior to their delivery, it shall be the responsibility of the successful Respondent to notify the 6 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.S.D.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 Solicitation 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 3, 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 Solicitation shall not be responsive unless the Respondent signs the form of contract that is a part of the Solicitation package. The Respondent to this Solicitation 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 Solicitation package. The Respondent agrees that Respondent's signature on the Bid Form and/or the form of contract that is a part of the Solicitation package and/or response to this Solicitation, 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 as the Respondent's signature on the contract, after the appropriate information has been inserted, as well as for any and all purposes, including the enforcement of all of the terms and conditions of the contract. 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 Solicitation 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 7 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 Solicitation 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 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. In addition, if the Respondent's employees will be working in secure or sensitive areas of the City, the City may require that the Respondent provides employee bonding, naming the City of South Miami as the obligee on the bond. 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 years after final completion and acceptance of the Work with the liability equal to one hundred percent (100%) of the Contract Sum. 303. 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 Solicitation 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 who did not attend the mandatory pre-proposal 8 conference. No pleas of ignorance by the Respondent of conditions that exist, or that may hereinafter exist, as a Solicitation result of failure to make the necessary examinations or investigations, or failure to complete any part of the Solicitation 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 include a fully completed Bid Form found on EXHIBIT 4 and, a fully completed Respondents Cost and Technical Proposal. Exhibit 5, included, with the solicitation which is a part of this Solicitation Package. 35. Cancellation of Bid Solicitation: The City reserves the right to cancel, in whole or part, any request for proposal 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 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 8. 39. Evaluation Criteria: If this project is to be evaluated by an Evaluation Committee, the evaluation criteria is attached as EXHIBIT 6. 40. AVAILABILITY OF CONTRACT -Any Governmental or quaSi-governmental entity, in this or in any other state, or any federal governmental agency, may avail itself of this solicitation and the contract that is awarded pursuant to this solicitation and purchase any and all goods/services specified herein from the successful bidder(s)/proposer(s) at the contract price(s) established herein, when any federal, state, and/or local laws, rules, and regulations allows the piggybacking off said contract and provided that the successful bidder(s)/proposer(s) is/are in agreement. Each Governmental or quaSi-governmental entity which uses this formal solicitation and reSUlting bid contract or agreement will establish its own contract/agreement, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its own exemption certificates as required by the successful bidder(s)/proposer(s). 41. NON-APPROPRIATION OF FUNDS. In the event that no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under any contract awarded pursuant to this solicitation, then the City, upon written notice to Successful Bidder or their assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense. No guarantee, warranty or representation is made that any particular project(s) will be awarded to any Respondent(s). 42. MOST FAVORED PUBLIC ENTITY. Respondent represents that the prices charged to City in the proposal do not exceed existing prices to other customers for the same or substantially similar items or services for comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost factors. If respondent's prices decline, or should respondent, at any time during the term of a contract entered into with City, provide the same goods or services with the same comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost factors, Respondent shall immediately extend the same prices to City. 43. Confidential and Proprietary Information. Respondents may assert that some trade secrets, financial records, and proprietary or other confidential information in their unsolicited proposal are confidential information that 9 they claim to be exempt from disclosure under applicable Florida public records laws. Such information may be included in the unsolicited proposal, but submitted in a separate. sealed binder, designated on the cover as CONFIDENTIAL MATERIALS. A Respondent submitting materials claimed to be confidential shall include a cover letter listing all material designated as confidential and clearly mark each page of any material believed to be a trade secret or other confidential information/document in all capital letters and bold font as CONFIDENTIAL ,MATERIALS. If a document is not totally confidential but contains non-confidential and confidential information, the Respondent shall provide a redacted copy of the document and an unredacted copy. In addition, the Respondent shall prepare a list of all the documents claimed to be confidential or containing confidential information and on the next line under the description of each document the Respondent shall cite the statutory provision that provides the basis for the Respondent's claim that the document or a portion of the document is confidential and below the citation the Respondent shall copy and paste the applicable statutory provision (this listing requirement shall hereinafter be referred to as "properly list" or "properly listed" confidential document). The failure to properly list a confidential document or the failure to redact a confidential document that is only partially confidential shall result in the waiver of any claim that the document is confidential or that the unredacted document contains confidential information. If any person or entity requests that the City produce or disclose any of said purported confidential information or documents, the City will advise the Respondent and afford the Respondent an opportunity to protect its assertion that said confidential information is exempt from production. If Respondent fails to timely authorize the production of the information or document and/or fails to timely seek a protective order, and/or is unsuccessful in obtaining a protective order, the City will produce the requested information or document. The City shall not actively contest any request to disclose such alleged confidential information or document and the City cannot guarantee that the alleged confidential document or information may not be disclosed should it ultimately be determined not to be confidential under applicable Florida public records laws. The Respondent shall indemnify the City for any damages and costs the City may incur due to the Respondent's claim that its document or information is confidential. The City can only agree to advise the Respondent of such request and give the Respondent an opportunity, at Respondent's sole and exclusive cost, to defend the request for disclosure of the confidential information or document in a Court of competent jurisdiction or other applicable forum. END OF SECTION 10 CONE OF SILENCE ORDINANCE, SECTION 8A-7 INVENTORY AND VALUATION SERVICES RFP #PR20 17·07 Chapter 8A of the City of South Miami Code of Ordinances is hereby amended in pertinent part to add a new section 8A·7 which is to read as follows: Sec. SA-7. Cone of Silence: (A) Definitions. (I) "Cone of silence", as used herein, means a prohibition of any communication regarding competitive solicitations such as a request for proposal ("RFP"), request for qualification ("RFQ"), request for information ("RFI") or request for bid ("RFB"), between: (a) A potential vendor, service provider, proposer or bidder (hereinafter referred to as the "Potential Bidder"), or agent, representative, lobbyist or consultant for the Potential Bidder; (hereinafter referred to as the "Bidder's Representative") and (i) Members of the City Commission or (ii) City's professional staff or (iii) Any member of the City's selection, evaluation or negotiation committee. (b) Members of the City Commission shall not communicate with professional staff or members of the selection, evaluation and negotiation committees at any point in the competitive process except as provided in paragraph 0 (3) below. (2) "City's professional staff' means City Department Heads and their staff and the City Manager and Deputy City Manager and their staff including consultants involved in the solicitation, evaluation and negotiation process. (B) Restriction; notiCe. A cone of silence shall be imposed upon each competitive solicitation, commencing with the date that the advertisement of said solicitation is published and the requirements of this section shall be included in the solicitation. At the time of imposition of the cone of silence, the City Manager or Manager's designee shall: (a) provide for public notice of the cone of silence by posting a notice at City Hall; (b) issue a written notice thereof to the affected Departments; (c) file a copy of such notice with the City Clerk; and (d) serve a copy thereof on each City Commissioner. (C) Termination of Cone of Silence. The Cone of Silence shall terminate at the beginning of the City Commission meeting at which the City Manager makes his or her written recommendation to the City Commission or at the time that the solicitation process is terminated by the City Manager. However, if the City Commission refers the Manager's recommendation back to the Manager or staff for further review, the cone of silence shall be re·imposed until the beginning of the City Commission meeting at which the City Manager makes a subsequent written recommendation. (D) Exceptions to applicability. The provisions of this section shall not apply to: (I) Communications at a duly noticed pre·bid conferences or at any duly noticed public Selection or Negotiation Committee meeting or duly noticed public City Commission meeting at which the City Manager has placed the subject of the solicitation on the Agenda; (2) Communication regarding the solicitation at recorded contract negotiations, recorded oral presentation or recorded oral question and answer session and recorded contract negotiation strategy sessions in compliance with the exemption in Florida Statutes Section 286.0113; II (3) Briefings made by the City Manager or his designee to the City Commissioners during a meeting following the completion of the Selection or Negotiation Committee meetings; (4) Written communication at any time with any City professional staff (not including selection, evaluation or negotiation committee members), unless specifically prohibited by the applicable competitive solicitation documents. This section shall not be construed to prevent written communication between City professional staff and any City selection, evaluation or negotiation committee. A copy of any written communication made during the cone of silence shall be contemporaneously filed with the City Clerk by the Potential Bidder or Bidder's Representative. The City Clerk shall make copies available to any person upon request; (5) Communication that is strictly limited to matters of those processes or procedures that are contained in the corresponding solicitation document and which communication is between any person and the City's Purchasing Agent or the City employee who is designated as being responsible for administering the procurement process for such solicitation; (6) Communications with the City Attorney and his or her staff; (7) Communications during any duly noticed site visits to determine the competency and responsibleness of bidders regarding a particular bid during the time period between the opening of bids and the time the City Manager makes a written recommendation; (8) Any emergency procurement of goods or services pursuant to City Code; (9) Responses to a request made by the City's Purchasing Agent, or the City employee who is designated as being responsible for administering the procurement process for such solicitation, for clarification or additional information; (10) Communications prior to bid opening between City's professional staff and Potential Bidders and/or Bidder's Representatives to enable City staff to seek and obtain industry comment or perform market research, provided all communications related thereto between a Potential Bidders and/or Bidder's Representatives and any member of the City's profeSSional staff including, but not limited to the City Manager and his or her staff, are in writing or are made at a duly noticed public meeting. (F) Penalties. Violation of this section by a particular bidder or proposer, or their representative, shall render any award to said bidder or proposer voidable by the City Commission and/or City Manager. Any person who violates a provision of this section may be prohibited from serving on a City selection or evaluation committee. In addition to any other penalty provided herein, violation of any provision of this section by a City employee may subject said employee to disciplinary action at the discretion of the City Manager. END OF SECTION 12 Proposal Submittal Checklist Form INVENTORY AND VALUATION SERVICES RFP #FN20 17 -07 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 Solicitation. The response shall include the following items: Attachments and Other Documents described below Check to be Completed x --- x ---- x x ---- x --- IF MARKED WITH AN "X": Completed. 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 Supplemental Instructions for Respondents, EXHIBIT 2 Indemnification and Insurance Documents EXHIBIT 3 Bid Form, EXHIBIT 4 Respondents Cost and Technical Proposal, EXHIBIT 5 X Signed Contract Documents (All -including General Conditions ____ and Supple!l1entary Conditions if attached) EXHIBIT 7 X Respondents Qualification Statement X List of Proposed Subcontractors and Principal Suppliers ---- X Non-Collusion Affidavit X Public Entity Crimes and Conflicts of Interest X Drug Free Workplace X Acknowledgement of Conformance with OSHA Standards --- X Affidavit Concerning Federal & State Vendor Listings ---- X Related Party Transaction Verification Form X Presentation Team Declaration/Affidavit of Representation Submit this checklist along with your proposal indicating the completion and submission of each required forms and/or documents. END OF SECTION 13 RESPONDENT QUALIFICATION STATEMENT INVENTORY AND VALUATION SERVICES RFP #FN2017-07 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 In the past 5 years On Schedule b) In the past 10 years In the past 10 years On Schedule 2. list the last three (3) completed similar projects. a) Project Name: Owner Name: Owner Address: Owner Telephone: Contract Price: b) Project Name: Owner Name: Owner Address: Owner Telephone: Contract Price: c) Project Name: Owner Name: Owner Address: Owner Telephone: Contract Price: 14 3. Current workload: Project Name Owner Name Telephone Number Contract Price 4. The following information shall be attached to the proposal. a) RESPONDENTs home office organization chart. b) RESPONDENTs 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-Government Agencies for which you have done business within the past five (5) years. Name of Agency: Address: Telephone No.: Contact Person: Type of Project: Name of Agency: 15 Address: Telephone No.: Contact Person: Type of Project: Name of Agency: . Address: Telephone No.: Contact Person: Type of Project: END OF SECTION 16 LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS INVENTORY AND VALUATION SERVICES RFP #FN2017-07 Respondent shall list all proposed subcontractors, if subcontractors are allowed by the terms of this Solicitation to be used on this project if they are awarded the Contract. Classification of Worl< Subcontractor Name Address Telephone, Fax & Email Inventory Analysts Accounting Functions General· Consultants Other: This list shall be provided as a part of Respondents submittal to the City of South Miami and in response to this RFP. END OF SECTION 17 NON COLLUSION AFFIDAVIT STATE OF FLORIDA COUNTY OF MIAMI-DADE _____________________ being first duly sworn, deposes and states that: (I) He/SheIThey is/are the _______________________ _ (Owner, Partner, Officer, Representative or Agent) of ____________________ the Respondent that has submitted the attached Proposal; (2) He/SheIThey 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: By: _____________ _ Witness Signature Witness Print Name and Title Date ACKNOWLEDGEMENT 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 my rand and official seal. 18 Notary Public, State of Florida NOTARY PUBLIC: SEAL OF OFFICE: (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. 19 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 address is and (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: ------------------------------------,.) 2. I understand that a "publiC entity crime" as defined in Paragraph 287.133 (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 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 20 convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133 (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 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 Form PUR 7068 (Rev.06/11/92) name of notary public) 21 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: _____________________ __ 22 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS TO THE CITY OF SOUTH MIAMI We. • (Name of CONTRACTOR). hereby acknowledge and agree that as CONTRACTOR for the Inventory and Valuation 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. if any) 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. CONTRACTOR Witness By: __________________________ __ Name Title 23 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.myf!orida.com/business operations/state purchasing/vendor information/convicted susp ended 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/convicted_suspended_di scriminatory _ 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. (Print name of Declarant) By: _____ --,-------,----__ _ (Signature of Declarant) 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/she/they executed the foregoing Affidavit as the Declarant. WITNESS my hand and official seal. NOTARY PUBLIC: SEAL 24 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 CompanyNendorlEntity read the City of South Miami ("City")'s Code of Ethics, Section 8A-1 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, 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 (i.e., spouse, parents, children, brothers and sisters) has transacted or entered into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted with the city, or with any person or agency acting for the city, other than as follows: _ (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 thei·r 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 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 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 25 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\I2.28.12 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 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 (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 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 reprE!se,nts, 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: ___________ _ 26 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 author.ity. (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 Solicitation, 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: (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. 27 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)(l) shall vote on or participate in any way in any matter presented to the city commission if that person has any of the following relationships with any of the persons or entities which would be or might be directly or indirectly affected by any action of the city commission: (I) Officer, 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 ofthe 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. (f) 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: 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 112, Florida Statutes. for "local officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the Florida Secretary of State. (f) Compulsory disclosure by employees of firms doing business with the city. Should any person included in the terms defined in paragraphs (b)( 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)( I) through (6) shall corruptly use or attempt to use an official position to secure special privileges or exemptions for that person or others. (h) Prohibition on use of confidential information. No person included in the terms defined in paragraphs (b)(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. 28 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. (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 subsection shall be punished as provided in section I-II of the Code of Miami-Dade County and, in addition shall be subject to dismissal by the appointing authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation incurred by the city. (2) All full-time city employees engaged in any outside employment for any person, firm, corporation or entity other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the source of the outside employment, the nature of the work being done and any amount of money or other consideration received by the employee from the outside employment. City employee reports shall be filed with the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city manager may require monthly reports from individual employees or groups of employees for good cause. (k) Prohibited investments. No person included in the terms defined in paragraphs (b)( 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 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 29 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)( I) through (6)] in connection with any judicial or other proceeding, application, Solicitation, 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 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. 6-99-1680, § 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. END OF SECTION 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 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 Print name of entity being represented 31 NOTICE OF AWARD INVENTORY AND VALUATION SERVICES RFP #FN2017·07 The City has considered the Proposal submitted by your firm for the Inventory and Valuation Services in response to its advertisement for Request for Proposal and Instructions to R"espondents. You are hereby notified that your Proposal has been accepted for the Inventory and Valuation Services in the lump sum amount of $ , broken down as follows: Year I: Year 2: Year 3: Year 4: Year 5: You are required by the Instructions to Respondents to execute the Contract Documents at the time of submittal of proposal and to furnish any required bonding, including a Performance Bond, Payment Bond, and insurance documents (see Proposal Submittal Checklist Form) within ten (10) day from the date of this notice to you. Notwithstanding the fact that you have agreed, by responding to the Solicitation, to the terms of the contract attached to the Solicitation package, if you fail to execute said Contract and to furnish said bonds, the required insurance documentation within ten (10) calendar days from the date ofthis notice, the CITY shall have the right and be entitled, in its sole and absolute discretion, to disqualify the Proposal, revoke the award and retain the Proposal/Bid Bond/Security. Please be advised that if the contract price exceeds $5,000.00 or if it is a multi-year contract requiring payment out of more than one year's appropriation, the award and the contract must be approved by the City Commission before it is binding on the City. BY: __________________________ ___ Steven Alexander City Manager Dated this __ day of _______ " 20 __ ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by ______________ _ On this the ____ day of ________________ , 20 __ . BY: TITLE: You are required to return an acknowledged copy ofthis Notice of Award to the City Manager. END OF SECTION 32 BACKGROUND: EXHIBIT #1 SCOPE OF SERVICES ATTACHEMENT A INVENTORY AND VALUATION SERVICES RFP #FN2017-07 The City of South Miami wishes to engage a firm for a five (5) year agreement for the proposes of providing inventory and valuation services to conform to the requirements of GASB 34 as it pertains to reporting requirements and depreciation. The appraisal reports and services are to consist of on-site consultation, data collection, inventory, valuation, and cost analysis of the fixed assets of the City of South Miami for the purpose of preparing a tabulated schedule of fixed assets including a depreciation study related to actual or estimated year of acquisition and acquisition cost. In addition, an opinion of the current insurance values of the buildings and equipment will be provided. The fixed assets to be identified and recorded will include, but not limited to land, buildings/structures, fixed and movable equipment. The property locations are located at various sites as identified by the City and, are referenced in Exhibit #1, Scope of Services, Attachment 8; "Fixed Asset Inventory and Reconciliation Reports." Description of Fixed Assets: The identified fixed assets are located at various sites identified by the City in the Property Schedule, referenced in Exhibit # I, Scope of Services, Attachment 8; "Fixed Asset Inventory and Reconciliation Reports.~' The following asset classifications will be included in the scope: I . Land at $1 and above. 2. Land improvements at $25,000 and above. 3. Buildings at $50,000 and above. 4. Machinery and equipment, to include vehicles, at the threshold of $5,000 for GASB 34 purposes. 5. Infrastructure at $250,000 and above. 6. Intangible assets: $25,000 and above; 3 years' life expectancy and above. Items purchased by the City with an individual cost of $ I, 000 or greater are required to be inventoried and tracked as per Florida Statutes. INVENTORY AND APPRAISAL PROVISIONS: The data compiled by the Respondent shall be developed by physical inspection, inventory and cost analysis of all applicable assets. Machinery and Equipment 33 The Respondent shall inspect the City's locations identified in Exhibit #1, Scope of Services, Attachment Bj IIFixed Asset Inventory and Reconciliation Reports," and included into the Property Schedule, to inventory machinery and equipment with a unit cost over $5,000 and apply a barcode tag for GASB 34 purposes. The Respondent shall also list and tag assets at $1,000 and above for property control purposes. Buildings/Structures Buildings/structures in the City shall be valued as a unit-in-place for cost accounting and insurance valuation purposes reflecting specific data elements relating to dates of construction or acquisition, original cost allocation, square footage, useful life, and reproduction cost new. Building component classifications shall be comprised of General Construction, Plumbing, Heating/Air ConditioningNentilating, Electrical, Sprinkler System, Roofing and Fixed Equipment allocations. The Respondent shall identify and quantify construction and measure and photograph the buildings. Land Improvements The Respondent shall inspect and record data regarding the nature of land improvements which will consist of; lighting, fencing, flagpoles, signs, parking lots, sidewalks, curbs, retaining walls, etc. Infrastructure The Respondent shall compile data to provide data, as provided by the City, related to infrastructure assets including asset classes, quantitative measures, descriptions, location, historical costs and date of acquisitions. DELIVERABLES: Each fiscal year and through the term of this five (5) year agreement, the Respondent shall secure all the requested information to perform the appraisal and provide a final report within six (6) weeks from the start date and the start date cannot be any later than November I st of each fiscal year. The City's fiscal year runs from October I st to September 30th • The City shall provide access and cooperate with the Respondent to enable the Respondent to secure the required information in a timely manner. The final report shall be due by no later than December I Sth each fiscal year. The Respondent shall provide one (I) final printed report, one (I) final excel file, and one (I) final pdf digital copy to the City. Only the City is the intended user of the final.report. The City, upon receipt of the final report from the Respondent, may at its discretion disclose the report to its auditors, insurance agent/carrier or financial advisors. END OF SECTION 34 EXHIBIT I SCOPE OF SERVICES ATTACHEMENT B Fixed Asset Inventory and Reconciliation Reports INVENTORY AND VALUATION SERVICES RFP #FN2017-07 Refer to the link to the City's website, (www.southmiamifl.i:0v), for Fixed Asset Inventory and Reconciliation Reports from FY 20 I 0 -20 I I to FY 20 I 5 -20 I 6: ' http://www.southmiamifl.gov/lndex.aspx?NID= 124 35 EXHIBIT #2 SUPPLEMENTAL INSTRUCTIONS AND SUBMITTAL FORMAT FOR RESPONDENTS INVENTORY AND VALUATION SERVICES RFP #FN20 17 -07 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 Exhibit I, Scope of Services, Attachment A & B, 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: 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. 36 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: Itlnventory and Valuation Services," RFP #FN20 17-07. 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 sha!1 consist of subsections (I) through (5), listed below, 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 and affidavits; refer to "Proposal Submittal Checklist Form," in the RFP and #5 below, and 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 RFP 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 descrip~ion 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 the prime 37 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. Respondents may assert that'some trade secrets, financial records, and proprietary or other confidential information in their unsolicited proposal are confidential information that they claim to be exempt from disclosure under applicable Florida public records laws. Such information may be included in the unsolicited proposal, but submitted in a separate, sealed binder, designated on the cover as CONFIDENTIAL MATERIALS. A Respondent submitting materials claimed to be confidential shall include a cover letter listing all material designated as confidential and clearly mark each page of any material believed to be a trade secret or other confidential information/document in all capital letters and bold font as CONFIDENTIAL MATERIALS. If a document is not totally confidential but contains non-confidential and confidential information, the Respondent shall provide a redacted copy of the document and an unredacted copy. In addition, the Respondent shall prepare a list of all the documents claimed to be confidential or containing confidential information and on the next line under the description of each document the Respondent shall cite the statutory provision that provides the basis for the Respondent's claim that the document or a portion of the document is confidential and below the citation the Respondent shall copy and paste the applicable statutory provision (this listing requirement shall hereinafter be referred to as "properly list" or "properly listed" confidential document). The failure to properly list a confidential document or the failure to redact a confidential document that is only partially confidential shall" result in the waiver of any claim that the document is confidential or that the unredacted document contains confidential information. If any person or entity requests that the City produce or disclose any of said purported confidential information or documents, the City will advise the Respondent and afford the Respondent an opportunity to protect its assertion that said confidential information is exempt from production. If Respondent fails to timely 38 authorize the production of the information or document and/or fails to timely seek a protective order, and/or is unsuccessful in obtaining a protective order, the City will produce the requested information or do~ument. The City shall not actively contest any request to disclose such alleged confidential information or document and the City cannot guarantee that the alleged confidential document or information may not be disclosed should it ultimately be determined not to be confidential under applicable Florida public records laws. The Respondent shall indemnify the City for any damages and costs the City may incur due to the Respondent's claim that its document or information is confidential. The City can only agree to advise the Respondent of such request and give the Respondent an opportunity, at Respondent's sole and exclusive cost, to defend the request for disclosure of the confidential information or document in a Court of competent jurisdiction or other applicable forum. END OF SECTION 39 EXHIBIT 3 INSURANCE & INDEMNIFICATION REQUIREMENTS INVENTORY AND VALUATION SERVICES RFP #FN20 17 -07 Insurance Requirements 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. No insurance required by the CITY shall be issued or written by a surplus lines carrier un less 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. 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: 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. In addition, the policy (ies) 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. 40 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; 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. 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 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 the General Contractor, 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. Fire and Extended Coverage Insurance (Builders' Risk), IF APPLICABLE: In the event that this contract involves the construction of a structure, the CONTRACTOR 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 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 41 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 CONTRACTOR, as their interest may appear, and shall also cover the interests of all Subcontractors performing Work. All of the provisions set forth in the Miscellaneous section below shall apply to this coverage unless it would be clearly not applicable. Miscellaneous: 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. 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. 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 Contractors duty to indemnify the City as provided in this Agreement. Before starting the Work, the FIRM shall deliver to the CITY and CONSULTANT, if any, 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 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"; a policy provision or an endorsement with substantially similar provisions as follows: 42 "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." Indemnification Requirement A. The Contractor 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 Contractor or anyone acting through or on behalf of the Contractor. , B. The Contractor 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 Contractor, 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 Contractor's obligations under this AGREEMENT. C. The Contractor 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 Contractor, 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 Contractor's obligations under this AGREEMENT. D. The Contractor 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 Contractor, 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 Contractor, CITY in no way assumes or shares responsibility or liability for the acts or omissions of the Contractor, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. E. The Contractor 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 43 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. END OF SECTION 44 EXHIBIT 4 BID FORM INVENTORY AND VALUATION SERVICES RFP #FN20 17 -07 THIS PROPOSAL IS SUBMITTED TO: Steven Alexander City Manager City of South Miami 6130 Sunset Drive South Miami. FL 33143 I. If this Proposal is accepted. the undersigned Respondent agrees to enter into a Contract with the City of South Miami in the form included in this Solicitation Package and to perform and furnish all work as specified or indicated in this Solicitatiqn. including as set forth in Exhibit I (Scope of Services, Attachment A & B) for the Proposed Price as set forth below. within the Contract Time and in accordance with the other terms and conditions of the Solicitation Package. 2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents. including without limitation those dealing with the disposition of Proposal/Bid Bond. if required. This Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening. The Respondent, by signing and submitting this proposal. agrees to all of the terms and conditions of the form of contract that is a part of the Solicitation package with appropriate changes to conform to the information contained in this Bid Form. Respondent agrees to sign and submit the Bonds. if required by this Solicitation. required insurance documents. and other documents required by the Solicitation. including the Contract if not already submitted. within ten (10) calendar days after the date of the City's Notice of Award. 3. In submitting this Proposal. Respondent represents that: a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda. if any (receipt of all which is hereby acknowledged.) Addendum No. Dated: b. Respondent has familiarized himself with the. nature and extent of the Contract Documents. the proposed work. site. locality. and all local conditions and laws and regulations that in any manner may affect cost, progress. performance or furnishing of the Work. c. Respondent has given the City written notice of all conflicts. errors or discrepancies that it has discovered in the Contract Documents and. if any conflicts. errors or discrepancies have been found and notice given. the Respondent represents. by submitting its proposal to the City. that the Respondent has received sufficient notice of the resolution thereof from the City. that such resolution is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts. errors or discrepancies. d. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person. firm or corporation and is not submitted pursuant to any agreement or rules of any group. association. organization. or corporation; Respondent has not directly or indirectly induced or solicited any other Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person. firm or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to obtain for itself any advantage over any other Respondent or over the CITY. 4. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and install all of the Work complete and in place. The Schedule of Values. if required. is provided for the purpose of Proposal Evaluation and when initiated by the CITY. it shall form the basis for calculating the pricing of change orders. The Contract Price shall not be adjusted in any way so as to result in a deviation from the Schedule of Values. except to the extent that the CITY changes the Scope of the Work after the Contract Date. As such. the Respondent shall furnish all labor. materials. equipment, tools. superintendence and services necessary to provide a complete. in place. Project for the Proposal Price. If this Solicitation requires the completion of a Respondents Cost and Technical Proposal, Exhibit 5. as may be set forth in in an exhibit to this Solicitation, such proposal must be attached to 45 this Bid Form and will take the place of the Lump Sum Price, otherwise, the Contract Price for the completed work is as follows: REFER TO EXHIBIT 5 "Respondents Cost and Technical Proposals" 5. The ENTIRE WORK shall be completed, in full, within N/A days from the commencement date set forth in the NOTICE TO PROCEED. Failure to complete the entire work during the described time period shall result in the assessment of liquidated damages as may be set forth in the Contract. 6. Insert the following information for future communication with you concerning this Proposal: RESPONDENT: Address: Telephone: Facsimile: Coritact Person 7. The terms used in this Proposal which are defined in the Contract shall have the same meaning as is assigned to them in the Contract Documents, unless specifically defined in this Solicitation Package. 8. If a Respondents Cost & Technical Proposal, Exhibit 5, is required by the Solicitation, Respondent hereby certifies that all of the facts and responses to the questions posed in the Respondents Cost & Technical Proposal, Exhibit 5, if such an exhibit is made a part of the Solicitation, are true and correct and are hereby adopted as part of this Bid Form, and are made a part of this proposal, by reference. 9. By submitting this proposal. I, on behalf of the business that I represent, hereby agree to the terms of the form of contract contained in the Solicitation package and I agree to be bound by those terms, with any appropriate blank boxes, if any, checked and any blank lines filled in with the appropriate information contained in the Solicitation Documents and this Proposal, or such information that the City and I have agreed upon in the course of contract negotiations and which have been confirmed by the City in writing, including e-mail confirmation, if any. I hereby certify under penalty of perjury that I am the lawful representative of the business entity referenced in this Bid Form, that I have authority to bid for that entity, that I have authority to sign contracts for that entity and bind it to those contract terms and that all of the information and representations contained herein are true and correct to the best of my knowledge, information and belief. the business entity referenced in this Bid Form, that I have authority to bid for that entity, that I have authority to sign contracts for that entity and bind it to those contract terms and that all of the information and representations contained herein are true and correct to the best of my knowledge, information and belief. SUBMITTED THIS DAY OF 20 __ . ----------------------- PROPOSAL SUBMITTED BY: Company Telephone Number Name of Person Authorized to Submit Proposal Fax Number Signature Email Address Title END OF SECTION 46 EXHIBIT 5 Respondents Cost and Technical Proposal INVENTORY AND VALUATION SERVICES RFP #FN20 17 -07 Respondents to this RFP must complete and include the Respondent's Cost and Technical Proposal, in accordance with Exhibit I, Scope of Services, Attachment A & S, with their submittal. Failure to do so shall render the Proposal non-responsive and the Proposal shall be rejected from further consideration. Proposed Annual Contract Fee Year I $_----- Year 2 $_----- Year 3 $_----- Year 4 $_----- Year 5 $--~--- FIVE YEAR TOTAL: $_----- SUBMITTED THIS DAY OF 20 __ . ------------------ PROPOSAL SUBMITTED BY: Company Telephone Number Name of Person Authorized to Submit Proposal Fax Number Signature Email Address Title END OF SECTION 47 Scoring and Ranking EXHIBIT 6 EVALUATION CRITERIA INVENTORY AND VALUATION SERVICES RFP #FN20 17-07 Phase I -Competitive Selection-Ranking; maximum 100 points per committee member. Respondents 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) Respondents experience, qualifications, and past performance related to the performing inventory and valuation services of a similar nature: Maximum Points 30 2) Relevant experience and qualifications of key personnel, including key personnel of any subcontractors, that will be assigned to this project, and experience and qualifications of subcontractors: Maximum Points 20 3) Respondents development plan, time frame, operation plan, number of qualified staff to be assigned to the project: Maximum Points 10 4) Proposed Annual and Contract term fee: Maximum Points 40 Phase" -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 respondents. 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. Until the successful completion of negotiations and execution of contracts. 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. END OF SECTION 48 EXHIBIT 7 CONTRACT INVENTORY AND VALUATION SERVICES RFP #FN2017-07 THIS CONTRACT, entered into this __ day of , 20-, by the CITY OF SOUTH MIAMI through its Manager, both of whom shall be hereinafter referred to as the "CITY" where applicable; located at 6130 Sunset Drive, South Miami, FL. , E-mail: salexander@southmiamifl.gov and _____________ _ with an office and principal place of business located at , and E-mail address of _______ and Facsimile transmission number of ___ (hereinafter called the "CONTRACTOR"). WITNESSETH: WHEREAS, the CITY is in need of ; and WHEREAS, the CITY desires to retain CONTRACTOR to provide the required goods and/or services based on CONTRACTOR's representations which reflect that CONTRACTOR is qualified and capable of providing said goods and/or services in a professional and timely manner and in accordance with the CITY's goals and requirements; and WHEREAS, CONTRACTOR has agreed to provide the required goods and/or services in accordance with the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: 1) Engagement of Contractor: Based on the representations of CONTRACTOR as set out in the following "checked" documents the CITY hereby retains CONTRACTOR to provide the goods and/or services set forth in said proposal, quote or response to solicitation, whichever is applicable, as modified by the Contract Documents, or as is otherwise set forth in the Contract Documents defined below (all of which is hereinafter referred to as the Work"). (Check the box immediately preceding the document described below to indicate that such document is part of this Contract) V Contractor's response to the CITY's written solicitation; Attachment A, or V Contractor's proposal or quote, or if none, D As described in paragraph 2 below. 2) Contract Documents: The Contract Documents shall include this Contract and the following "checked documents", as well as any attachments or exhibits that are made a part of any of the "checked documents". (Check the box immediately preceding the document described below to indicate that such document is part of this Contract) D General Conditions to Contract, D Supplementary Conditions, V "Other Documents" referring to in this Contract and signed by the parties, D Solicitation documents ("hereinafter referred to as "Bid Documents" including any request for bid, request for proposal or similar request) V Scope of Services; Attachment 8, V Contractor's response to the CITY's Bid Documents; Attachment A, V Contractor's proposal or quote; Attachment A, V CITY's Insurance & Indemnification Requirements, Attachment C, D Bonding of Employees (the term "employee", as used in this Contract, shall include volunteers) -$1,000,000 D Payment Bond, D Performance Bond, This Contract and the General Conditions to Contract, Supplementary Conditions, the Solicitation, Scope of Services and "Other Documents", if any are "checked documents", shall take precedent over the response to the CITY's Bid Documents, if any, or the proposal or the quote, if any. The "checked documents" are attached hereto and made a part hereof by reference. 3) Date of Commencement: CONTRACTOR shall commence the performance of the Work under this Contract on or a date to be specified in a Notice to Proceed, or Purchase Order, (hereinafter referred to as the "Work Commencement Date"), and shall complete the performance hereunder within ____ days or the length of time set forth in the Contract Documents, whichever is the shorter period of time. Time is of the essence. 4) Primary Contacts: The Primary Contact Person in charge of administering this Contract on behalf of the CITY is the City Manager ("Manager"), assistant Manager, or the Manager's designee, who shall be designated 49 in a writing signed by the Manager. The Primary Contact Person for CONTRACTOR and his/her contact information is as follows: Name: e-mail: ; Fax: Street Address: 5) Scope of Services: The goods and/or services to be provided are as set forth in the "checked documents". 6) Compensation: The CONTRACTOR~s compensation for CONTRACTOR's performance under the terms and provisions of this Contract, or CONTRACTOR's payments in the event CONTRACTOR is paying the City for the uses of the CITY's property or services, (hereinafter referred to as the Contract Price) shall be one of the following, as indicated by one of the following checked box, 0 $ or as set forth in 0 CONTRACTOR's response to the CITY's written solicitation, if any, or, if none, then as set out in CONTRACTOR's proposal or quote, the Scope of Services, or as set forth in, or modified by, one of the Contract Documents, whichever is applicable. 7) Hours of Work: In the event that this Contract requires the performance of services, it is presumed that the cost of performing the Work after regular working hours, and on Sunday and legal holidays, is included in the Contract Price. However, nothing contained herein shall authorize work on days and during hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in writing by the City Manager, the Manager's assistant or designee. 8) Time Provisions: The term of this Contract shall commence on the Work Commencement Date and shall continue for three (3) years and one (1) two (2) renewal. solely at the discretion of the City Manager, or unless earlier terminated according to the Contract Documents. Notwithstanding the foregoing, this Contract may be extended by an additional __ period if the extension is in writing and signed by the City Manager. An extension of the term of this Contract is at the CITY's sole and absolute discretion. 9) Termination: This Contract may be terminated without cause by the CITY with 30 days of advanced written notice. This provision supersedes and takes precedence over any contrary provisions for termination contained in the Contract Documents. 10) Applicable Law and Venue: Florida law shall apply to the interpretation and enforcement of this Contract. Venue for all proceedings shall be in Miami-Dade County, Florida. 11) Duties and Responsibilities: CONTRACTOR shall comply with all applicable laws, ordinances, codes, rules, regulations, and health and safety standards of any governmental body having jurisdiction over any matter related to this Contract or the goods and/or services to be performed hereunder, and shall commit no trespass on any private property in performing any of the work embraced by this Contract. Each and every provision and/or clause required by law to be inserted in this Contract shall be deemed to be inserted herein and this Contract shall be read and enforced as though such provisions and/or clauses were included herein. 12) Change Orders: No additional Work or extras shall be done unless the same is duly authorized in writing and in advance of the work by appropriate action by the City Manager and in accordance with the Contract Documents. 13) Licenses and Certifications: Contractor shall secure all necessary business and professional licenses at its sole expense prior to executing this Contract or commencing the Work. 14) Insurance, Indemnification & Bonding: CONTRACTOR shall comply with the insurance, indemnification and bonding requirements set forth in the Contract Documents. 15) Jury Trial Waiver: The parties waive their right to jury trial. 16) Entire Agreement, Modification, and Non-waiver: The Contract Documents constitute the entire agreement of the parties and supersedes any prior agreements, written or oral. The Contract Documents may not be modified or amended except in writing, signed by both parties hereto and if this Contract is required to be approved by the City Commission, all amendments thereto must be approved in the same manner and with the same formality as this Contract. The Contract Documents, in general, and this paragraph, in particular, shall not be modified or amended by any acts or omissions of the parties. No failure to exercise and no delay in exercising any right, power or privilege shall operate as a waiver. No waiver of the Contract Documents, in whole or part, including the provisions of this paragraph, may be implied by any act or omission. 17) Public Records: CONTRACTOR and all of its subcontractors are required to comply with the public records law (s.119.0701) while providing goods and/or services on behalf of the CITY and the CONTRACTOR, under such conditions, shall incorporate this paragraph in all of its subcontracts for this Project and shall: (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 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 CONTRACTOR does not transfer the records to the 50 public agency; and (d) Upon completion of the Contract. transfer, at no cost, to the public agency all public records in possession of CONTRACTOR or keep and maintain public records required by the public agency to perform the service. If CONTRACTOR transfers all public records to the public agency upon completion of the Contract. CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains public records upon completion of the Contract. 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 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. 18) Background Screening. All personnel and volunteers that will provide any service with vulnerable persons, as defined in Section 435.02, Fla. Stat., involving the City or its Agency in such related activity or who may have access to secure or sensitive areas of the City, must be in compliance with Level II Background Screening and fingerprinting requirements as per, Florida Statute Ch. 435 prior to the scheduled start of any employee or volunteer. CONTRACTOR shall prevent any and all of its personnel, including volunteers, from engaging in any such related activities without having passed a background screening to the satisfaction of the City. A violation of this requirement shall constitute a substantial breach of this Contract. 19) Drug Free Workplace. CONTRACTOR shall comply with the Drug Free Workplace policy set forth in the City of South Miami's Personnel Manual which is made a part of this Contract by n~ference. 20) Transfer and Assignment. None of the work or services under this Contract shall be subcontracted or assigned without prior written consent from the CITY which may be denied without cause. 21) Notices. All notices given or required under this Contract shall be deemed sufficient if sent by a method that provides written evidence of delivery, including e-mail and facsimile transmission and delivered to CONTRACTOR or his designated contact person. Return of mail, sent to the address contained herein for the parties or their contact persons, as not deliverable or for failure to claim the mail shall be deemed received on the date that the mail is returned to sender. IN WITNESS WHEREOF, the parties, have executed this Contract, on or before the date first above written, with full knowledge of its content and significance and intending to be legally bound by the terms hereof. Witnessed: By: __________ _ ATTESTED: By: ______ _ Maria Menendez City Clerk Read and Approved as to Form, Language, Legality and Execution Thereof: By: ________ _ City Attorney 51 [Individual or entity's name] By:, _______ _ [name of signatory] CITY OF SOUTH MIAMI By: ________ _ Steven Alexander City Manager INVENTORY AND VALUATION SERVICES RFP #FN20 17-07 Attachment A to Contract CONTRACTOR'S PROPOSAL OR QUOTE 52 INVENTORY AND VALUATION SERVICES RFP #FN20 17-07 Attachment B To Contract SCOPE OF SERVICES 53 INSURANCE & INDEMNIFICATION REQUIREMENTS Attachment C To Contract INVENTORY AND VALUATION SERVICES RFP #FN20 I 7-07 Insurance Requirements 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. 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. 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: 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. In addition, the policy (ies) 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. 54 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; 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. 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 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 the General Contractor, 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. Fire and Extended Coverage Insurance (Builders' Risk), IF APPLICABLE: In the event that this contract involves the construction of a structure, the CONTRACTOR 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 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 55 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 CONTRACTOR, as their interest may appear, and shall also cover the interests of all Subcontractors performing Work. All of the provisions set forth in the Miscellaneous section below shall apply to this coverage unless it would be clearly not applicable. 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 Contractors duty to indemnify the City as provided in this Agreement. D. Before starting the Work, the FIRM shall deliver to the CITY and CONSULTANT 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: (I) 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"; (2) a policy provision or an endorsement with substantially similar provisions as follows: 56 "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 Contractor 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 Contractor or anyone acting through or on behalf of the Contractor. B. The Contractor 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 Contractor, 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 Contractor's obligations under this AGREEMENT. C. The Contractor 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 Contractor, its Sub-Contractor or any of their agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or 57 \ incident to or resulting from the performance or non-performance of the Contractor's obligations under this AGREEMENT. D. The Contractor 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 Contractor, 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 Contractor, CITY in no way assumes or shares responsibility or liability for the acts or omissions of the Contractor, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. E. The Contractor 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. END OF SECTION 58 EXHIBIT #8 INVENTORY AND VALUATION SERVICES RFP #FN20 17 -07 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) Notice of Intent To Protest. 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 the City Commission meeting at which the recommendation is considered for action. 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) Protest of solicitation. 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 intent to file a protest. The Protest Letter is considered filed when the Protest Letter and the required filing fee of $1 ,000 are both timely received by the City Clerk's office. In order for the Protest Letter and filing fee to be considered timely delivered by hand delivery, the date stamp of the Clerk's office must appear on the original Protest Letter and/or a copy of the Protest Letter and the date stamp must also appear on a copy of the check issued for the payment of the filing fee, or, if payment is made in cash, a receipt must be issued by the Clerk's office reflecting the date of receipt of the payment. While the Clerk may accept the Protest Letter by email, the Protest Letter shall not be considered to be timely received until and unless the requked filing fee of $1,000 is received by the City Clerk's office and, if payment is in cash, a receipt is issued with the date of the receipt of payment, or if payment is by check, a copy of the check is stamped by the Clerk with the date stamp of the Clerk's office showing the date 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. 59 (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. (e) 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 a valid Protest Letter. 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 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, proper and valid Protest Letter filed pursuant to the requirements of this section, the City shall not proceed further with the solicitation or with the award or execution of the contract until the protest is resolved by the City Manager or the City Commission as provided in subsection (e) 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. END OF DOCUMENT 60 .. rtn South{'Miami ll-IECITYOF.PlEAsAr'n LIVING Pre-Bid .Conference Sign-In Sheet Date: April,25,2017 RFP Title: Inventpry& Vc.llJation Services RFPNo.: FN2017 .. 07 r '--'-~--, -"", ,... _r -------,~ ----. ~_T_' __ ~ __ --~-----, ---.---------. ---------------~.--------'--,---:--~~--;--~---~---------;- t' T I r • " - : I -• .,' " ' • ~ ;~~L.~_~L:~_':,~·.'_:.·.~= '~,'.:~., .".:~ .. ~ .. '. ~ __ ~.~ ~~'_ ~ ___ . _~ ... __ . ,', . '.... _-. .,,: ,. ~~ .. : .~' .. ,'_.~'.'~~ .',. -'-~ .. __ :,~.: ,~~~~~'. __ ,:J: 5 7 9 X:\Purchasing\Request for Proposals & Qualification (RFPs)\2017 Appraisal Services\Pre'Bid\Pre-Bid Meeting Inventory & Valuation Services 4.25.17 .doc . BID OPENING REPORT Bids were opened on:.. Wednesday, May 10,2017 after: 10:00am Jb For: RFP #,PI(2017-07 Inventory and Valuation Services jF/If ~ANIES THAT SUBMITTED PROPOSALS: 1. DUFF & PHELPS, LLC ................................................. ~t31; t9tJtJ, tJ't} /.91 LI tJa I}, 00 2. RCA ASSET MANAGEMENT LLC ................ ,.... ... .. ...... {/ a , {/ THE ABOVE BIDS HAVE NOT BEEN CHECKED. THE BIDS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED. Maria M. Menendez City Clerk: ___________ _ Print Name Witness: £:+12-<A.b /! J cL Print Name I / Witness: John 1!JJefo.~ ~c Print Name --?s.~ S1gllature --=-- Duff & Phelps, LLC 1201 West Peaohtree Street, Suite 1 700, Atlanta, GA 30309 T +16789162500 Letter of Transmittal May 10, 2017 Mr. Steven Alexander City Manager . City of South Miami 6130 Sunset Drive South Miami, FL 33i43 D(3ar Mr. Alexander: DUFF&PHELPS Duff & Phelps, L.LC C'Duff & Phelps") is.pleal3ed to respond to your request for Inventory and Appraisal Services RFP #FN2017-07~ Our propqsal fbrprofession",,1 Vl:jluation cpnsulting services includes a description and explanation of the scope 9fthe appraisal, pur mE:!tl1o(lQlogy, the deliverables, project timing and professional fees along with Ol!r professional qualifications. . We:diJlly understand the scopeof.serviceJo identify the City's fixed assets located at various sites identified by the City th~tjnclUdEls fllachiheryand eqLJipiTient, buildings,lanct, land improvements; infrashuctureahd hitangible assets, as o!JUi.hedin ~llibJ~ 1 i §cope,ofSt;,~rvice~,Aitachment· A &.B.We·are ;committed to· perform the work and provide,sll deliverables ina tirnely n:1a.r)n~r.andas6Utllrled6i1PQ.34 of tMRPPQitdtheproposal Theprojectteam is made up of three authorized persons to make representations on behalf of Duff. and Phelps, Bradley Schulz Ma:naging Oil'ector, Fixed Asset· Managemerit and Insurance $olutkms ao1 Warrenville Road, Suite 600 . Lisle, IL60532 Phi;>ne: 630 541 4ti56 David Jones Direct<;>r, RxeQAsset ManagE!ment and .Insurance Solutl.on5 120,lVVest: P~achtrE1e $treet; Suite17QO Atlanta:,<3AaOa09 Phone: 678 9162575 Jeffrey lank Vice Pre.sidelnt, Fixed Asset ManaQemeiitand Insurance Solutions 1201 West P~achtree $treet;$U!te 1700 Atlanta, GA 303Q9 Phone: 678 9162523 ShoUld the services as describe(jin !hi$proposal cqrrectly reflect your understanding approv~d of thl;;) project, please contact David Jones at 678 9162575 and we Will iSsue a Letter of Engagement authorizing Duff & Phelps to proceed, RespectfuIlY'submitted, p(j Bradley Schulz Managing Director ...... ----------------OUFF&PHELPS~ .. • Valuation and Cmporate Finance Advisors Statement of Acknowledgement of Addendums Duff and Phelps acknowledges that there were no addendums issuec! by the City of South Miami. Firm and Individual Staff Qualifications Firm Qualifications The clea.rest evidence of our commitmenttb seNe the City of South Miami Is the quality of the team we liave chosen to serve you. The professionals assigned to the engagement have been selected based on their qualifications, technical knoWledge, service orientation; ability to make decisions, and extensive expedemce serving state and loc~lI governments. Ourteamcon15 isfsQf J,efirey Lank, who will act as tlie overall Project Manager and will be responsible for scheduling the Inspection of the facilities, assignihg stafJ;an'CI the dEly-to.day supervision oftheconsultants performirigthe field work. He will also be responsible for directing the physical Inventory anq reconciliation of capitala~sets,as wellastechnolqgy consulting inqlugiog.QeflOing the approach, resolution. of fechriicalissues; and the fine\! revieW6fthe inVentorY. reports. OL!r t(3{:lm will employ comprehensive project plMning and activ~ engag!3ment mafl~g.ementcQl!pled with frequent and thorough communications among members. of the team.and between the Project Manaser and the City.of South Miami to ensure the timely delivery of distinctively high qua.lityservice. QuaJity$erviQeis,alid will continue tpbe; the primary foclIS of Duff & Phelps: We regi:lrC;! our cliehtsas the best Judges of quality service. To understand how we ar$ me~ting their expecta.tions, we SUrveY eVery tlientorganizatiQn to qbtain feedback on OUf performance. QUI' Fixed AssetMa,nagenient & Insurance Solution!) practice has consistently achieved a high"quality rating. Cliemts relyonoursoUd commitment to quality assurance as evidenced by oilr focus on peiformance standards, quality review procedures; ahd the profeSSional development of our consulting staff to ensure the consistent quality of our valuation consulting serVices. The growth.in consulting firms in recent years has resulted in the utilization of some inexperienced and unqualified "co.nsultants·· and nohtraditional. valuation gpproaches and. methodologies in order to d~liiter a iJprofessionaf valuation conclusion" t{)r fees less than true market rates forprofessibnal service firms. Duff & Phelpos c:o.ntinues to be a leader in the indu~try and will not QomprolTlise Its profesSionalism ihorder to corti pete for business. Our internal standards are based on the UnifQrm Standards of Profes$ional Appraisal Practice (USPAP) and include speCific guidance regarding the consistent application of policies and ptoceoures, the management review process, and reporting the resultsofthe project.lnadditibn, our annual operating budget includes a significant emphasis on training of our consulting staff,and we inVest in our Gansulta.nts' pursuit in obtaining their prQfessional certification (ASA, MAl, CpA, etc.). Duff & Phelps is comniitted to providing our clients With quality service at a fair price; Duff & Pl1elps I City of Soutl1 Miami May 10, 2017 2 ...................... -OUFF&PHELPS~ .. • Valuation and Corporate Finance Advisors Staff Qualifications Project Team Professionals assigned to this project will involve severClllevels of management: executive review, project manager, contraCt manager, and the ClPpraisal staff: The~e professional staff Illember$ Will have overaJI responsibility and are key personnel to the successful completion of the assignment.Specifi9 ElPpraisal staff assignme_nts may vary depending upon current availability at the timenf thE:la.l,.lthori~ation to proc:eed with this project. Our Fixed Asset Mgnggerrientand InsurariQe Solutions practice dOes not utilize subcontraQtors and all staff gssignedtothisproJect will be full-time;PE?tmqnently ehiployed mempers'of our firm. This practice ensures accuracy and consistency across al,1 of oUrinSllranCe gpprctisalengagemertts. ResLlmesfor the staff members to be utilized for this erigClgement are provioed in Section 4. ...... ----------------OUFF&PHELPS~ .. • City .of South Mlcl'mI South Miami· Florida .. . . , ....... . Valuation and Corporate Finance Advisors Inventory and Valuation Services -RFP #FN2017-07 May to,.2()1T Duff & Phelps I City of South Miami May 10, 2017 Submitted by David Jones Director DUff & Phelps 1201 W. Peachtree St.,#17Ih Floor Atlanta, GA.30309 tE}l 678 916 2575 david.jones@duffandphelps.com 4 ...................... ·OUFF&PHELPS--- Valuation and Corporate Finance Advisors Table of Contents LETTER'oFTRANsMmAL .•...... ; ....•..... ~ ........ ~ ..•... ; ..•..........•.••.•.•..........................•.........•..............•......... ~ ....... 1 STATEMENT-OF ACKNOWLEDGEMENT .OF ADDENDUMS ................................................................................ 2 FIRM AND INDIVIDUAL STAFF QUALIFICATIONS ............................................................................................. 2 SECTION 1: EXECUTIVE SUMMARY ............................... : .............................................................................. ; 6 SECTION 2: RESPONDENT'S EXPERIENCE.;.~ ................................. ~ ..... , ........................... , ............................ 7 SEcn.ON 3: RESPQNDENT!S~PAST PERFORMANGE .................. ; .................................................................. 8 SECTION 4: CORPORATE AND PR.OJECT ORGANIZATIONAL CHARTS ............................................................ 9 SECTIONS: FULFILLMENtOFAll S.OLlCITATION DOCUMENTS ... ; .............................................................. 14 EXHIBIT-1 -SC.OPE .OF SERVICES FQRM .• · .... ,., .. ~ ......... ;~ .... : .•• ·.; .......... ;· .............. , ....................... ; .................. ; ....... ·15 EXHIsIT2 -SUPPLEMENT INSTRUCTIONS/FoRMAT FOR RESPONDENTS FORM; .................................. ; ....... 16 EXHISi-r3-INSURANcE&.INDEMNIFICATiON REqUiREMENTs .................................................... , ........ ; ...... 17 ExHii3lt4.-:~BID FORM .............. ; .•... ·.;.; ................... , ................. -............................................................... · •••. ·.18· EXHIBIT 5 -:-COST~PROPOSAL ........ ; ..... i ••. ; ................. ; •• ; ...... · ...... , ................................................. · ............ ,.19 EXHIBIT6:-EvAlUATION CRITERIA ............................ ; •• ;.; •• ; .•.. ; ... ~ ..........•........• ; ........................................... .20 EXHIBIT 7 ...,. CONTRACT .• ; ......................................................... ; .. ; ............................................................ 21 ATTACHMENTATOCONTRACT -CONTRAcTCRS PROPOSAL/QUOTE/SCOPE OF SERVICES ........................ 22 EXHIBITS ~ CITY OF S.OUTH MIAMI BiD PROTEST PROCEDURES ..... ; .......................................................... 27 Duff & Phelps I City of South Miami May 10, 2017 5 ValuatiOli and Corpo,rate Finance Advisors Section 1: Executive Summary We understand that the City of South Miami wishes to engage a firm for a five-year agreement for purposes of providing inventory and valuation servicesto,conform with the requirementsof GASG34 as it PElrtainstoreportlng requirements and depreciation. We have provided our Technical Proposal. further outlining our scope and methodologies to perform the services above in Attachment A to Contract within this RFP response. Why Duff & Phelps? Everyone claims to be different, but often the differentiators amount to little more than indistinct references to state-of-the-art methods and world-class expertise. We believe that differentiators must be specific, tliey must be provable, and they must b,e relevant to the City, as evidenced by the very real benefits they Will provide to you. After gaining a further understanding, of your objectives we b€!lieve those advantages are as follows: • Unparalleled property insurance appraisal quaiiflcations and experience • Size of staff: 125 full-time property insurance appraisal consultantsloeated in regional offices throughout the U,S. • No utilization of subcontractors fo ensure CQn~fsteOqy In property IMurance IlPptaisal approach and methodology • PinancialassuranQeandindElpendence • Innovative web-baSi:ld reportingplatform:eRI$K Property Manager • In~houseinf9[matloi1techriology $Y~temsand,$1JPport • soc 1 Audit Compliance/CE3rtffication from .BakerTilly In submitting this prqposal, Duff&: Phelps is committing to provide a clear and accurate valuCltiOflJep6rt that will meet your requirements, We will accomplish this by committing theappropria:te consuitants to your valuation that havetherequired'level of qualifications and experience. Public Sector ExpE!rience Our Fixed Asset Management-and Insurance SQlutionspractice hCiS significante)(perience in serving. large public entity risk pools. and state agencies with numerous rn.ernbers and multiple locationS. Our cOl'\sUMnts work with these pools iltthedesign Cindimplementa,tionof pfOpenyappraisal serviceprogrEims for their members; We are curr~ntly serving more than pO public entity risk pqols whose members range from housing authorities, smaU school districts and municipalities to farge school districts, Cities, counties, public hospitals, lJniversities, state governments, special districts and water and waste water treatmentfacilities. Knowledge of the Property Insurance Industry We complete over 30;0()0 property a,ppraisals for insLiran.ce purposes eVery year. CQnsequeritlYi we understand the complex issues that can arise in estimating insurable values a,nd .the impaot that Qur serviCe has on the underwriting and catastrophe modeling process. We understand that property insurance underwriters are interested in good data and that accuracy and completeness of the property Construction; Occupanoy. Protection, and Exposure (COPE) data provided by the insured is often out of date and unreliable. Therefore, unlikeotherfirms, we place a significant emphasis cnthe inspection of properties and the independent compilation of the relevant COPE data. Extensive Experience in Managing Large, Complex Projects Duff & Phelps has successfully handled some of the largest and most complex valuation engagements of the past decade. As a consequence, although the proposed project for the City is large and complex, it is similar in scope to the kind of engagements we undertake regularly_ The value of this experience is that you will be working with consultants who have the project experience, business acumen and valuation expertise to complete this engagement efficiently and cost-effectively. Duff & Phelps I City of South Miami May 10, 2017 6 ...... ----.. ----------DUFF&PHELPS~--- Valuation and COfporat~ finance Advisors Section 2: Respondent's Experience On February 24, 2015, American Appraisal was purchased by Duff & Phelps. Duff & Phelps is the premier global valuation and corporate finance advisqr with expertise in complex valuation, dispute and legE).1 ma.hagement conSUlting, mergers andacquisitibriS, restructuring Cind governance, clhd regulatory consulting. We have more than 2,000 employees in more than 70 offices globally. Duff & Phelps is Qrganized around five business units: Valuation Advisory, Dispute and Legal Management Consulting, TE).x Seryices, COJPorate Fina.nce, and Cornplianceahd Regulatory Consulting; The Fixed Asset Management & Insurance Solutions practice is included in the Valuation Advisory business unit and is nqw fully operating as "Duff& Phelps". American Appraisal wasfoUrided ih 1896tbprovide ihdependent property valuations for use In insurance . poli9Y plCicernent and related claim settlemehts bEltw~eri insurance companies and property owners. Over the last 120 years,we haVeeVblved into a multi~di$ciplined valuation consulting firm organized onl3,.global basi$' a/iq is the leading pJ6Vid$r ;of fixed S$Set inyentory and reconciliation services, as well as property insurimceinspection and appraisal services. OurFixed Asset Management & Insuranoe Solutions (FArVlIS) practice; includes a $taff of 129 inQivit.lugl~ IQ9at~clthtolJghout the United SfEites and separate health.cars, higher edljc-atiQn and pUblic ~eGtor praGti~es; FtJrthermorEl; Duff &. Phelps hCiS the largestqedicatedfull~ time pr()fe's~ic)nalstafftorrimitted to serviriglhe public seCtor, hicluding consUltants speCialized in perfqrming .im,>urance appraiSEiI$ Cindfixeq gssetinyento.ry, reconcilIation, and appraisal90nsulting services fotstate and local \Joijetrimeritalentities. More Than 70 Offices and Affiliates Worldwide The·Americas; Atlanta Austiri Bosion Calg;.Jy Cayman IslandS Chicago Dallas Denver Detroit Fredericloo HO!JSlon Jal::ksoilville Lo"Aljgeles MeX/wCily. Miami Mil~aukee Montreal Morrisiown New York Phnad~lphia Duff & Phelps I City of South Miami VanCOLNer Washington, DC Abu Dhabj Amsterdam Aihens Barcelona Serlin Bilbao Birmingham BOlogna Chahnel's'ands Dublin - Flank/urt Usbon LofJdorj Lcmgford L~~embourg Madiid Manchester Milan Moscow Munich May 10, 2017 Padua Pari. Pesarn Porto Prague ROme St Fl>tersburg Turin WarsfHl Almaty Bangalo"" ~gkok Beijln9 Guangzhou HongK9ng Mumbai New Deihl '§Rahghai Shenzhen Sing~·pore Tai",,1 Tokyo 7 ...................... -OUFF&PHELPS ... • Valuation and Corporate Finance Advisors Section 3: Respondent's Past Performance Duff & Phelps has significant experience serving public entities and in particular, public school districts. We have a proven track record for the execution of the capital asset inventory project and meeting the expectations of YoUr independentauditor$ and your professional advisors. References 1. City of South Miami Mr. Steven KLJlick Purchasing ManagE;lr 61$0 Sunset Drive South Miami, FL 83143 skulick@s()uthmiamifl.gov 305-663~p:339 SCQP~ of $.~rvice: Updatedfixe.d asset accounting records for internal .accounting cohtrol and financial reportill9 (is.of a current d(ite lind pr9PElrty' insurl3.tice appr~isal$ for the City's USe in connection with it~internal (ina\ysisof i~s in~ura.hc~ neeqs with respe¢t to City,ownedpuildihgs, moveable. equipment, lanqimprovements, land.and infrastructure. . 2. City of Coral Gables Mr. [)ctvid Rulz, JD, OPCU Risk Manager 2801$alzedo, Street 2nd Floor Goral Gabl(3s. FL3313.4 drui~@Goralgable$,c()m. 3Q5-460~!5$28 Sc()pe of Servi.ce: Provided provide the City.a prapertyinsuranoea,ppraisal for the City's use in cQnnection with its Internal analysis of its insUfghce needs with resp.ect to certain City~oWr\ed bLiilgings (including fbllntainsand .pump stations). $. City of Atlanta Mr. Eugene Kirschbgljm Direqtor of FinanGial Reporting 68 Mitchell Street. S.W. SUitea1QO . AUCJ,nta, GA 30303 ekirschba,um@)atlantaga.gov 404·865~8505 Scope of Service: Duff & Phelps (prime contractor) undertook a complete capital asset inventory, reconciliatiqn andappraisal.service completed in20b9 of 28.000a5sets to coVer the following obj(3ctives: Inventory! appraise and reconcile the City's lanc:l, land improvements, buildings, . equipment. and infrastructure assets based on the historical cost premise of value for financial reporting purposes including the application of barcode tags on all movable equipmem with an estimated historical unit cost equal to or greater than $1.000. Performed an appraisal of the insurable values afthe insured assets based on the cost to reproduction new anoCc;st of Reproduction New Les.s Depreciation. Motorized EqlJipmerit: Recc;>rded based on information provided by the City. Asset tag information was consistent with the City's eqUipment numbers as assigned by MotOY Transport .. Records appeared as separate account groups by Department in the accounting detail and summary reports, but was excluded from inslJrance repot1 formats. Infrastructure: City provided information allowing for the recording and valuation of infrastructure assets to include; roads, bridges, sidewalks, curbing, traffic devices, etc. Bridges conformed to HSIF standards. Type of agencies inventoried: Ail. Duff & Phelps I City of South Miami May 10,2017 8 ...................... -DUFF&PHELPS~~--· Valuation and Corporate Finance Advisors Section 4: Corporate and Project Organizational Charts Corporate Organizational Chart 1._ .... ,=" I ......... j.......... .1 Project organizational Chart Below is ol.lrProject Or9ahizational Chart. Staffmember biographies are included on the follolJ:ling pages. D~vid MEfleuwsen Technology Solutions Mgr. Duff & Phelps I City of South Miami City of South !Viianii ·1 May 10. 2017 David~dnes Contract Manager 9 ...................... -OUFF&PHELPS~--- Bradley Schulz Duff & Pl)elpsiLLC Chicago. Lisle +163e-S.4H656 B(ai:fle~.Si;l1iJll~~UffandPhelp~.cOm Duff & Phelps I City of South Miami Valuation and Corporate Finance Advisors lVIanaging Director; Valuation. Advisory Services B.rad isa Managing Direet6rforthe Fixed AssefMariagement and Insurance Solutions pr~ctlce6f Duff &Phelps and p~rt oflhe Valuation Advisory SelVlceS bu~iness unit He is.thenationalleaderof property insurance appraisals for both therellglous·and airport sectors .. He manages staff wiU,in six regional offices Inclu~l;'g Atlanta, Dall8s, <:;Illcago (Lisle), Los ArIgeles, Milwaltl<.~ and Princeton (Newjersey); anc!speclalizedpracticesfor insurancevaluatfon, fixed asset inventorY and reconciliation, h~althcare, government, hIgher education, and property rscQrd ouis6urclng. Br.ad n~s perlormed nU/Tlerous19th-and 20th-century church and cathedral bulidingand.petsonal.pr6pe;1:yvalilati6ns, and,c.utrenllyc66rcJitiates with appr<liS~rs:fr'om sevenDuff&Pnelps~office.1O en~ure.<lc¢urate;c()nslstentand qualltyappraisal$. He.hasalso valuedslMificant intema\ic>nalairpqrt.terminals and [~j~ted~vi~ti~~ ~trlittu;~s1iir~u9t\outtheUnit~d'S~tes.Brad has ~~rtO~ed many Ih~uran¢e, ai:countiljg.tG1'!s.~'M).a~.d .. pI'OP!litY reco~ds'eh9a!1ern~n~forih~ public secio,r; v.llul,n9:as~,e!S sllcha.sIlUlldlngs; .land,land fmprqYem~,nt,s: In,fr .. sfructure and .wateriwastewater .fadllitl~S/$yst(fms; Brad has directed.en~agements for numerous I~ige ¢IIElr\~lnciU(f1ngrl$kp.ool appraisals, l;uclji)sArchdiocese of Los A~ge.I~;.Archdlori.esebfMiatili, ArchdIocese. ofPorH!lf)d InPrEigon, BMS Group (large US religious property portfolio), District of Colunibla office of Risk . Manag/ilmerit, JFKlnterriatjdnal AlrTe'rr:niliid, Miami-Dacfil Aviatioh Department (incltidln9 MiamUnternational Airport), ana. Port pf Seatfle (iilcILidin\j l5ea-Tac Int"rnlltio,nal Airport). Brad Joined Quff& Ph/illps in'2002.He earned his Bac.helorof Arts degree as a double~jorlnboth Finance.~ndEcQnOmiyj;fromthe'U.nlversity of IlIfnois - Urbana.Champalgn.Brad Is an Accredited SeniorAppr<iiserwitliinihe Machinery & Tecihnical $pecialtfesdlscipline:of the American SoCietypf Appraisers .. He also selVes on the National Maghl'1E!1Y &Technical SpeclaltiesOiscjpllriEj Qomrriittee witl1the Americ;JJl Soci.ety of Appraisers, Elradls 3.15.0 an Afflli~te Membe~ of the Stained·GlassAsi;oclilfipn of Amerlcil. Bra~ nas,gfyen,numercius.presentafiolison vaiuingcommercial pmpertyfor r~placement cost, including.at AirportS Coundllnteri1~tiorial-Noilh Alnerica Risk Mai]agerrieritconfer~ri(je, Bishops" PI;:m Insurance. Coni!i<:lny, MidWest Public Risk conference, Sage' Summit. conference, ,State R.isk and Insurance Management Associ~tl9n conferencf,); and The Nation;ll Catholic Risk R.etention Group. May 10, 2017 10 ------... ----OUFF&PHELPS~-- Jeffrey Lank Duff & Phelp~; LLC Atlanta . +1' 678-916-2523 JetrraY.Lank@dutrandphalps,can Duff & Phelps I City of South Miami Valuation and Corporate Finance Advisc,lrs Vice President Jeff is a Vice president in the South Carolina office in th.e Valuation Advisory Services practice. He specializes In the appraisal ofwatetlwastewaterand historical valuations. He has extensive knowfeclge hinsurance valu!\tions Including buiidings, personal property and Improvements for educational facilities. 1'i;ul1icipalifies, heiiltlicaie, higher education, utility facilities.,industrial properties and church.es. Professional Experience.: Jeff has extensive experience Invaluih.g HfstoricaiStruciures thro\lghouhheUnlted States dating backt6 the Revoluticinary War. J~ff hasperforme4 cqmplex appraiSal asslgnmentslncludirj9,water/WasteW<\fer prop9rti9sthroughojJttile lJr"!ited Statesandth~ Carlllbean. JeffjoiriedAmeiii:an App.raisal (now Quff& Phelps) in2014.as'ainanageri''l.the fixed asset management ang insurance practice,with mprethat 10~ye,1(!10f experience. BEifor~ J01ning Duff & Phelps. lie was employed as a manager atCBIZ: PriQr to OBll. he was the ~oUthwe.st region,,1 marti39ElfforMaximus, . Education & CeJ:tifications: Georgia So.u.thEi(O Unil!er~ity, .Bachelor of Arts Professional Associations & Affiliations' Am,eriC<in Society of Appr,,/seis -MTSDesign<jtiCln Ap.praiS"!llns.titute Green (LEEO) BUilding Valuation UnifOrm Standards of Professional Appraisal PractIce (USPAP) May 10. 2017 11 ------------OUFF&PHELPS-- David Meeuwsen Duff & Phelp~, LLC MIIV«I.ukee +1 {1~20a.6504 Oavld,MeauwsentIJdtiffaridllhellls.com Duff & Phelps I City of South Miami Valuation and Corporate Finance Advisors Vice President· David MeeuVvSen is a vice president of technology solutions within the firm's Fixed AssetManagement an.d·1i1surance Solutions practice. In this rcile, David assists With the development of products to perpetuate accurate (lroperty managell)6nt.records and supports, enh.a.noes, and·researchesalterna\ive methods to eXisting processing systems and tools. David lias'slgnificant experience In financial accounting through the establishment of computerltedfixedasset accounting records. He was on the champion commlttee'llnd. wa~ Instrumental In the p.arallel testil)9 and creation of an Innovative In~hoOse fixed aS$etssyS.tem. e·PRAIS. He ha.s successfully managed SAS-70 TYPe II a.ucllts peifoimed on controls and objectives of th.e e·PR,AIS s~tem. David'Jorned "tlul(&:Phelps through the acquisition of American Appraisal Vvtlere he h~ld'i;~v~ralpo~ition$ o,!er thep:;Ist 24 Yeats ini:lu~in9 s.~rvlce b.ur.E!a.u a!1alys~ appliqiltib-n·c~r.drli~tOr, ~nd:flr9perty records outsourojhg serviceJi\lrOup. manager. David eamedni~Ba¢helor'$ (jegree in Liberal Arts from Marquette UniversilYand ali A$sociilt~ in App'iie(j $ci~i1ce -Accounting from Milwaukee Area Technical Gollege~ May 10, 2017 12 ----------------------OUFF&PHELPS,--- David Jones Duff & Phelps, LLC Atlanta +1 678-918-2575 Cavid.Jonil@duf!ajidph ~rps.can· Duff & PI1elps I City of South Miami Valuation and Corporate Rnance Advisors Dire,clor Daiiid.Jones is II dilectofVlilhin the/irm's Fixed Asset Management and Insurance ~qrulions praofi~e of puff & Phelps. Me. Jones has experience in appraising bUildings, moveable equipment, land, and land Improvemen!i; for cities, ,counties, colleges and universities, ,arid hospitals. In addman to hisappniisal experience, he has develope,a business within the public sectof throughout the Southeastern region ()f the United States. Davidjolned quff& Pi1elp'Sthroug~tJ\ea~qulsitloh,of American Appralsah .... here he hi3ldseveral,posilions6ver tile-past 1,6.y!,!ars lilcludiriQasgoclale appiai,ser, valuation consultan~businBss,developmBntmanager, vice president,'and director. J)8'lidearneci his Bachelors detjreein management technology from Southern Polyt!lchnlcStateUni'lers.ltyal:ld Is an Acc.redlte,d SeniorAppralser (,A,SA)w1ththe ArrierjcanSocl~tY6fAppraiserS. ' May 10, 2017 13 ...................... -DUFF&PHELPS .... Valuation and Corporate Finance Advisors Section 5: Fulfillment of All Solicitation Documents Signed forms following this page. Duff & Phelps I City of South Miami May 10, 2017 14 Proposal Submittal Checklist Form !NVENTORY AND VALUATION SERVICES R.FP .#FN20 17-fj7 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 thesolidtation; Additiorialdocuments may be required and, if so, they will be identified inanaddendurllt:oiliisSolidtation. The response shall include thefollowin~ items: Attachments and Other Documents described below Check to be Completed IF MARKED WITH AN "X": Completed. Ptopo$aIPac(q.gesha.I.1 ¢oil"sist of one-( I) originallJil\:)O':.n'rd prQPpsa,l; fiye(S)additioni).1 !'opi¢:s. 3~ring billde,rs ar~ nC)t p~r'"'tte,t.¥Id on~ (I) digital. (or c()rilparable rtll~dium it\c11lding ...... x .... : _ .... Flash Ddvej OVD or CD) copy x x x ---- 5uppiemlilrlQlinstructipi'ls forR~PQndents. EXHIBIT 2 Ind"emnifitatiorLand Insu~nce D~c:umentsE}(H'BIT 3 BiclForm, EJ(~IBIT .. R6$pondents Cost al)dTel;hl'licalProposal .. EXI-IIBIT 5 Sigf!eclC.on~ctQ9ClJ!lietl~ (AII-,rlcludirigGeneral GonditiQris and Supplern(!ritaryGonditiorlS ihtta~hed)EXHI8IT 'i ResponcleJ'lts QuaJificatiohS1;a.tement X ____ --List of Proposed ~ub~orltractorsand Principal Suppliers Non-Collusion Affidavit x ____ P.ublic Entity>Crimes's.nd Conflicts· of Interest x ____ Drug Free Workplace )( ____ Acknowledgement of Conformarice with QSHA Standards x ____ AffiQavit Cc:mcerningFede~1 ~. State Vendor Listings x ----Related Party Tr~nsaction Verificati()n Form x Presentation Team DeclarationlAffidavit of Representation ---- i • x x x Submit this checklist along with your proposal indicating the completion and submission of each required forms and/or documents. END OF SECTION 13 RESPONDENT QUALIFICATION STATEMENT INVENTORY AND VALUATION SERVICES RFP #FN20 17-07 Tbe response to this questionnaire shall be utilized as part of the CITY'S overall Proposal Evaluation and R.ESPONDENT selection. I.. Number of similar projects completed. a) In the past 5 years IbD Iti the past 5 years On Schedule b) In the past 10 years In the past 10 years On Schedule 2. Usttl1e last three (3) completed similar projects. a) Project Name: Owner Name: Me .. s:ku:t0. tuJ,\ ck Owner Address: Owner Telephone: Contract Price: b) Project Name: Owner Namf1!: Owner Address: Owner Telephone: Contract Price: c) Project Name: Owner Name: Owner Address: Owner Telephone: Contract Price; 14 3. Current workload: ~3D DO 4; The followihg iriformationshall be attached to the proposal. see: S-€-oh·&Y1 l{ ll) RESPQNOENT'sllqme of/lce.o.rganizatipn chart. b) RESPONDENT's proposed project or~i:za:tional chart. c) Reslullesof proposed key project persbniiel, including ol'l~s.i:teSuperintendent. 5, Ustand describeany~ Bankruptcy petitions filed byoragairist the Respondent .or any predecessor organizations, n Dn~ Mtarbitl"3.tion or civIl or criminal· proceedings, or rlOhe-~ ~ (Y1aA-eY't~ a) b) Suspension of contracts or debarring from Bidding or Responding by any public agency brought c) against the Respondent in .the last five (5) years n py\ e-, 1fY)~ J..- 6. Government References: List other GoverilmentAgencies.or QUllsj-Government Agencies for' which you have done business within ~_h~~ _. Name of Agency: Qllhj () k nO "oJ Add""" NDI ~h) S"jrd 'i{m u 7 "WoJ I A-3 J I ~ (" Telephone No.: ;3Q>:-. 5)~3~ (p {;L-S- Contact Person: J b b V\ Al", 0....« L-- Type of Project: ~d i$>£t I OVen -b0fr Name of Agency: Q,I ~ t!,f ~V' J. (}7,Jz1 cS 15 Address: ru-D\ ~11 cokSt) 2fl~P1. iC,Ytre GLh/-e\, CC 33/39 Telephone No.: 3c.l5: ~ LIS! In--&'51Ci.) . Contact Person: ])cL vrclfu~ 'L Type of Project: {fz~bq (VliU.r7b-I1UL.. Name of Agency: tl1q.4, Atl6o/\ tv... Address: . lot VV\1~e11 Q-, SW/ *Iro~,. #lM,h; &14-303b.3 Telephone No.: 4D\l--330--CoO·()l.) \ Contact person:euqU) .e.-kd Y'( cJ.... ~a JJ/\0. n Type of Project C'fl{WJ1o>~tlf\V(ll~) rf(.tJYlCl{i'~ <I tAfpr~t~ g.{Yl;l&l J ,. END OF SECTION 16 LIST OF PROPOSED SUBCONTRACTORS AND PRINCIPAL SUPPLIERS INVENTORY AND VALUATION SERVICES RFP #FN20 17 .. 07 Respondent shall list all proposed subcontractors, if subcontractors are allowed by the terms of this SoliCitation to be used on this projectifthey are awarded the Contract. Classification of Work Subcontractor Name Address Telephone, Fax & -Email - hiY~ntoi"y Anillysts Acc()unting Function.s General Consulta,nts Other: This list shall be ptovided as a part QfRespondent;s submittal to the City of South Miami and ill response to this RFP. END OF SECTION 17 NON COLLUSION AFFIDAVIT STATE OF Fl,.ORIDA ) ) COUNTY OF MIAMI-DADE) 13r6\d (.elf S:dhu../ 'Z---beiil~ first duly sworn,deposeS andstlltes that: (I) HelShelTheyisiare the . .~~~ PI ((c::fc r (Owner, Partner. Officer, Representative or A t)of (2) (3) (4) (5) TIutt <t Phi if~iLl c<' ..-; the. Respondent that has submitted the attadted Proposal; . HeJShelfhey is/are fully illformed concerni", the preparntion and contents of the attached Proposal .andof a1lpertinentdrcum~cesconcerJlingsuch Propo~; Such Proposal is genWn~ ilr)d·'s·not,a collusjve Qr sham E'rQposali Neither the said .. ReSpondent· nor any of its. ()fficerS.~et:S. owners, aprits. representatives' employees or parties in interen,indudjJ1~ this affiant, have ii1il~Yway ¢oUuded •. ~onspire(j. connived or agreed. directiyorindirectly •. With .llnyother Respon(jent. firm. orperson.tosubinit a collusive.orsfiam Proposal in (onl)~on with the WorkfQr which the attached ProPO$ldh~·l!een sllbniJ~;().t to reftainftQIn Ejtdding9rptOJ:lo~jnllnGon,,~(:II:1 ~th Sl,lq, WOI"k; orhavelnaJ'Y manner,cilrec:w or Inciireedy, sought. byave.,nen~ ~r c;:oltu$iOll~or«()mmuolcatiQn;. orconfenmce withanyR,~pondent, firm,or person ~.~ any ()y~rtlead, profn; or / cost el8lllents "f tile Prop()5a1 .or of. anyomer Respqndent. Qr toflxlln)'overhea~; profit. or cost efemeot$ of ·the ProposatPd(eore the Proposal Pric:e of any ~er·Respori~~ ortQ·secure through ~n)' collusion, con~pJracy .. connivance;orunlavdol ~ernentan)i'I\ctla.rit:age ~nst (Recipi~t);or-any'pets0i'l inter~~d inthepr~posedWork; Th~ price or pric~ qUQ~c:I in. the a~l:hed PropClsal aref.Ur. ~d. proper andari! not~ntecf by an)' collusion. conspiraq, l:Qnn~rtce. or unlawful agteementon· the·part of the R.~pof'lcfent orallY other ofitS agents; represeiltativeS.owilers.:eJTiployeesor parties of interest, lndudingthis affiant. Signed, sealed and deliverild In the presence of: By,f;/;L Witness STATE OF FI,.QRIDA COUNTY OF MIAMI-DADE Signature ate ACKNOWLEDGEMENT ) ) ) On this the g~ day of too ":\ . 20~. before me, the undersigned Notary Public of the State of Florida. persom.lly appeared (Name(s) of indlviduaJ(s) who appeared before notary) ~\e"I. ~',b }\L,. u.. . . and whose name(s)islare Subscribed to the within instrument. and he/she/they acknoWledge that he/she/they executed It. WITNESS my hand and official seal. .8 NOTARY puauc: StAL OF OFFice: OFFICIAL SEAl. - GINAM QUINTANILLA NOTM\, pua(IC • STAT'; OF ILLINOIS MY COMMISSION EXPIRES PEe. 20, 2020 19 ~\~ .. ( ~ Notary Public:. Print, Scamp or we H coml1liS$ione:d.) Personally known to me; or Perllonal identification; Type of identification Produced [)Id take an oath. or Did Not take an oath. DRUG FREE WORKPLACE Whenever twO or more Bids or Proposals which are equal with respect to price, quality and service are received by the State or by any political subdivisions (or the procurement of commodities or contractual services, a Bid or ProPQulreceived from a business th~t certifiE!$ that It has implemented a drug~free workp'a~e program shall be given preference In the award process. Establfshed procedures for processing tie Bids or Proposals shali be followed if none of the tiedvemfors have. a <!rug.free worfcp'a~ program. In order to have a drug .. free workplace program. a business shall: . I) Publ.ish a 5~tement nQtJfylng ernptoye~ tllatthe unlawful manufac:1:Ure. distribution. dispensing, pos$~fqn; or ~se .of a cOriu()Ued· $ubstan.c:e is prohibited in thewQrkplace and· specifying the ilctiol1stllat.shall be t.aken against employees for Violations ·of SUq; prc>hibitlon. 2) Infohn employees abOut;th Cl dahger1ofdliJgabuse in theworkplac~ the busineSs' policy of 1TI~ln~illlni·a(lrug~ft"Workpl~(~.l!.nyavallab"iI drugC::Qun$eUng. rehabiliQuon, and employee as$\$tlP1(e p~n:!$,ariddlep'i1aftl~ that may belmposiKIl,lpon tmlp'oy~es for drutabuse violations. . 3) Give.udJ employeeengaged.in proViding the commodities or contractual services that are under Bid Ii. copy ofthestatement speofiediil Subsection (I). 4) Inthes~~t $i*ltied inSOb$~cdQn (I). notifyth~ ~mpl()y __ .dlu. au (:dodltion Qf wOrking o'tfI$ CO""iloifiti~Qr ~nO'actUal WVic~ that are under: Bid. hiaerriplClyee shall abidC! by the terinsof·the$tement ai'l('jshiU no.tJ(ythe.etnployee oflny convlc:tion·9f,or plea ofgUiity or nolocontelJcteietoialir ~ol~tloncWCtiapter89l or of any coi,.ttolLegslIbstante law of the United States Qr·aj}ySta~ fqrit.Violati9~:QcciJtrillgih me WotkPla~ei'lo,a~nb~·flvfl (5) bu~I"esSda.ys ilfter ~JlCb~on'li~9~ .. ... . .. . .. .. .. ... . .... .. . .. 5) h;npos~a sail«loo 01), ~"'~"'lr;e tht$iQ$facWi)i parcicipa~onin l ~rug~ abuseassistaf\ce or retuibiUc:ationpri)vam. if'such!savailableiri iliee-mployee'scorilQ;ju~itYi by ariyemployee who is 5Oconviaed; 6) Ma,kea goof:! f.lith.effort.tQ· contin!Je to maintain adr:ug.,f~e wqrkpJa.c::e.throughlmplementation ofthls section: ~ ~~. ~rs()nal1mo~l!od t9.~gnth~: . certify that thisfirmc()mplies fullyw¥l the above requirements. J\ESPONOENT'sSi~atul"e:._. ---+-+t.r::--U.'--.....:.._ c~c-~ .. -.~ ... ~=-~-~--_-_ ~._.=-. _.~._.~. Print Nami3: "&-adk,y Sd£lulz Oilte; . 11 q f IJ 22 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS TO THE CITY OF SOUTH MIAMI We. Drtf 4 Pbe..ie. Ltc... (Name of CONTRACTOR). hereby~ckJiowledg~ and agree that as CONTRACTOR for the Inve"t:Jryand Valu~th:m $~rvif;:Q projea-as sJ*lfl~hJvQ .:he sole ra.poi\Sibilitf for (ompUance with ~" the requirementS of the FederaJOccupatIQnal5afety and Health Act of. I 970 j and aU State and local safety and health regula~ons,andagree to indemnify and hold harmless the City ofSout" Miami and N!A (Con~l:Iltant. if any) against any and all liability, claims, damages, losse$ and e>cpenses they may incur due to the falfureof (Sub-contractor's names): to compJywith such act or regulation. 8Y: •• ~ I • Wei&'. Scl;fvL. .. Name . mtln~ .~ Dirt (joy Title .. 23 AFFIDAVIT CONCERNING FEDERAL AND STATE VENDOR LISTINGS The person, or entiqt, who i$ respan(jing to the City's solicitation, hereinafter referred to as "Respondent", must q!lrtify that the Rf»pQodeot's name Does Not appear an the State of Florida, Department of Managernent Services, "CONVICTED,SUSPENDED, DISCRIMINATORY FEDERAL EXCLUDED pARTIES and COMPLAINTS VENDOR LISTINGS", If the Respondent's name Ooes appear coone or all the "Ustings"summarized below, RespondentS mU$t "Chad< if Applies" next tQ the applicable "Usan;." The "Ustings" can be accessed through the following link to the Rorida Department of Managenlflnt Services website: http;//wytw,dms.mxftorjdJ,com/bysinm, ~tlQnsI~tate purdwin&lvendoc InfprmationlCWti=d SUJR endCd dlscdml~~pmpJlln~~t l{J~ . ,OECLARATIONUNDER PENALTY OF PERJURY I, "Brn.tUt&.. .'Sd: I J k (here!natter .referred to as the "Declarant''). state, vnder penalty of perjury. tf1at.th~/(Jnowing ~ta~m'r:a1:S 'IU'I! tol.a and cofl"8¢ ._ mlrep'r~~ntthe~~p(mdeilt wh()$~ oalT!eisO~f 4. Ph ~,..s ,Ut'... ' .. _ (2) I bav~ tbe f'QUowi"grelatiQ~hip With theR~pondel1t ~ huitbr(Owner (if It~PQndentl$ a soleptQPlietdr). Pr~ident Qf Re1ipondent isacQrpQradcm) Parr:n~r (i~ Qnd$1tis a partnership), .G~neral Partner (if FleSpOildentls li Uinlted Partnership) or Manllglng Member> (lfRespOrideru: isa limited Liability C9mpany)~ m' r.h~ve reVl~w@dthe ,FI¢irtda OepartiritniiQ(MlitlagementSerVices website at tile. (olloWing UItLaddren: http://wwW:dins~mYflorida.comlbusiness....operationslstatEt.purchasingJvendorJli(cirinatioil/convleteQ...;,suspetided.;.;.di scninirtiltOry"-..compla1nu .... vendor _lists . . (<If) I have entered in "x"or a'diecl<miik' be:Slde,eachlistinglcategary set(orm below' ifthe Respand~tfs name appears<lnthe Unfound :on the'Roiida Oepartrilent,ofManagementServices Website far wteate&ory or listing. IHdia notenteramtrk ~ideaU~ligl~ry. it: 'means tha~ I am atteSting to thefact that the - R~ponden~'$ namf;lqQ~nQtapp~r 00 the IiStiogfQI'" tilatcategory in the Florida OepariIrlent of M3nagemefl1; Services ,weosi1;a.as oft"'e date of this affic!aVit. . - Check if Applicable Convl~d YenClar Ust Su~ptuJdiad Vendor Ust Discriminatory Vendor Ust Federal EXcluded Parties Ust Vendor Complaint Ust FUR.THEIl QECLARANT SAYETH NOT. 8y:· __ .s-:~+--____ _ (SIgn ACKNOWLEDGEMENT $T~TEOF Fl-OR,DA ) COUNTY OF "'AMI .. DADE1 ) On .thls theg o+hd.ayof ro Cf'i • 20~, before me, the undersigned authority; persOnally appeared . ~\aN fLhJ \4 . . . '. who is personally know to me or who provided the following identificatiorr:o :t'OMe~L.;s;e"'l!ld who t9akan oath or affirmed that that he/she/they exec:ut~ the foregoing Affid.avit 3,$. th~ Declarant:. . ~. C\.~ ...... _. WITNESS my hand andofflclal seal. _ ~ .. ..... .. .. .. . . . otary Public, State of FIeridr :I:{L,'l)()\ ~ NOTARY PUBLIC; SEAL OFFICIAL SEAL GINA M QUINTANILLA NOTA~V PUBIJC • STATE or; IlliNOIS MY COMMISSION EXPIRES DEC. 20. 2020 Cc;\'C) C) w\<)~Cl.cl\\ct (Name of Notary Public: Print. Stamp or type as commissioned.) ...................... ·OUFF&PHELPS .... Valuation an·d Corporate Finance Advisors Exhibit 1 -Scope of Services Form Duff & Phelps I City of South Miami May 10, 2017 15 BACKGROUNP: EXHIBIT #1 SCOPE OF SERVICES A1TACHEMENT A INVENTORY AND VALUATION SERVICES RFP#fN20 17-07 The City of South Miami wisHes to engage a firm for a five (5) year agreement for the proposes of'providing hWentary alid valuation services to conform to the.requil"ements of GASB 34 as it pe~ins torep,orting. requirements and depredation. The apprais.lIreports.anc! ser'Vites are to c(msi~t of on-site consultation, data c;onection, inventory; valuation, and coSt analysis oftheflxed assets of the Cit)' of South Miami for the purpose of preparing a tabulated sc:heduleofflxeda~s~ts including a,. depreciations~udy r~lat~d to a~tual orestimatedy~ar Qf ar;:quisition andac:qUisitian cpst. 10 aQdition. an opinion of the current iiisurance values. olth~ bufldings andeql,lipment will be provided, The fb(~dassets ta. be identified and recorded wi,lI includ~,put I1Qtlimited ~Q hind. buHdings/strU¢~lJre~,fi~edand movable Elquipment. Th~ propertyl()¢ations<are.19Gat~dllfVariQUli sitesilsi~~ntifi~d by the City a:nd,areref~r'enced in Exhibit #l~$i:ope o(Services"AttDchmenf 8;"flxedAsset inventory and Reconcilia'don Reports. j~ . Des(:riptiQi1 o.ft=i){ed Ass~ts,: Thei(lentifi~1i fjxed assets are lo.ca~ed at various $ites identifie~ by the City in the Property Schedule, re.fe.renced in E.Xhibit#l, $cOf'e ofSelVices~ Attachment 8; "Fixf!d AS$et/nv~ntory allJRecOI'I~iliation Reports." The following asset claSSifications will be induded in the scope: I. Landat$1 and above. 2. land Impravements.at $25.000 and above. 3; al,lildlng$ at $5.0,000 andabQve,. 4. Mach!n'ery and equipment, to include vehicles, at the threshold of $5,000 for GASB 34 purposes. 5. Infrastructure at $250,0.00 andab()ve. 6. Intangible assets: $25,000 and above'; 3 years' life expectancy and above. Iterns purchCised by the City with an individu,al cost of $'.000 or greater are required to be inventoried and tracked as per florida Statutes. . . . . INVENTORY AND APPRAISAL PROVISIONS: The data compiled by the Respondent shall be developed by physical inspection, inventory and cost analYSis of all applicable assets. Machinery and Equipment 33 The Respondent shall inspect the City's locations identified in Exhibit #1. Scope of Services. Attachment 8; "'Fixed Asset Inventory and Reconciliation Reports,'· and included into the Property Schedule, to inventory machinery and equipment with a unit cost over $5,000 and apply a barcode tag for GASB34 purposes. The Respondent shall also list and tag assets at $1,000 and above for property control purposes. Buildings/Structures Builciings/structlJres in the City shall be valued as a unit-tn-place fOr cost accounting and insurance valu.ationpurposes reflecting specific datcl elements relating to dates of construction or acquisition; origirialcostallecatiori,. square footage, lJsefullife, and reproduction cost new. Building compOnent classifications shall be comprised of General Construction, Plumbing, HeatiligtAir ConditionihgNentiiatirig, Electrical, Sprinkler System, Roofing and Fixed Equipment allocations; The Respondent shall identify. and quantifycc)Ostruction and measure and ph9tograph the buildings. . Land Imp .. ov~mfi'nts The Respondent shall· inspettahd<record. data regarding the nature 9f land improvements which wfll.consist of; Hghtil1g,fenciri~i flagpolesislgns, p~rKi6gJBtSisideW.dks, curbs, retainirygwalls, e(c, . The ResponrlE!I1t shaU compile data to provide data,as provided by the City, related to infrastructl1re ass~ts illcJLidiriga$setdasses, q",ahtit'a~ive measures, . descriptions. locatiOn, historical Co.sts and date of acquisitions. DELIVERABLES: Eat;hfiscal year and. through the term. of this five (5) year agreement. the Respondent shall secure a.1I the requested information to perform the appraisal and provide a final report within six (6) weeks from the start date and the start datE! cannotbe.any later than November Isrof each fiscal year; The City's fiscal yeat tuns from October I st to September 30~. The Ci~ sball Rrovide access and cooperate WIth the R.espondent to. enable the Respondent to. Secure the required inftJrmatic)n in atirnely mannE!r. The final report shall be due by no late .. than December JStheach fiscal year. ~ The R.espondent shall provide one (I) final printed repOrt, one ( I) final excel file, . and one (I) final pdf digital copy to the City. . Only the City is the intended user of the final report. The City,upon receipt of the final report from the Respondent, may at its discretiOn discloSe the report to its auditors, insurance agent/carrier or financial advisors. END OF SECTION 34 EXHIBIT I SCOPE OF SERVICES ATTAc:HEMENT B Fixed Asset Inventory and Reconciliation Reports INVENTORVAND VALUATION SERVICES . RFP#FN2.QI7.07· Refer to the link to the City~s website, (www.southmiamifl.gov), for Fixed Asset Inventory and Reconciliation Reports from FV 20rO -20 I 1 toFY 2015 -2016: http://wwwoisouthmiamifl~gov/lndex:.aspx?NID=124 35 ...................... ·OUFF&PHELPS: ... • Valuation and Corporate Finance Advisors Exhibit 2 -Supplement Instructions/Format for Respondents Form Duff & Phelps I City of South Miami May 10, 2017 16 EXHIBIT #2 SUPPLEMENTAL INSTRUCTIONS AND SUBMITTAL FORMAT FOR RESPONDENTS INVENTORY AND V~LUATIONSERVICES RFP#FN10 17 .. 07 SUBMITTAL FORMAi Firins shall prepare their submittals using the following forrnat and should include, but not be limited. to the folloWing: .. . I. Letter of Transmittal a~) This letter will sl!n:\lJ1ariz~in a brief and CQn~ise rnanner, the respondent's unclerstandin$ofExhibit .1, Scope. of Services; JlnQ.chment A & 8, and make. a ppsitive commitment to timelyperfOf'm th~ work. D.) The letter m!.lst nam~.aU Qfthe'persons alJtt:tori~ed1:o make representat!onsfpr the. respor:lc;lerl~iJ)Cluding the titl~s;ad;dre$s~s.ia~l~ .1:eleph-pne numbers ofs).!ch persons. Aiiauthorb:ed agent of the.resp0riOerit mUst sign the Letter of Transmittal i'ndicating., the agent's' title orauthprity. The letters should not exceed t'NQpages in length,' . 2. Statementacknowled~ihg receipt of.eaCii addend.um issued by the City. 3. Quallficationsand elCperi.ence of the firm(~)/individufll(s) who win pr.ovide the serviCes. 4. The submission should in"'lud.e: A. Proposal. Packa~e>and Labelin,/Markina Requirements: All submissions shall consist of QtJe (I) unIJqJind "riginol ant! five (~) COP;~SI 3- ring bindetsate iJotperrnitted. Oil" (I.) digital or comparable medium incllldingFlash Drive, CJ.VD orCll copy i~ At-SO r,eqiiired. Submission pcJt:;Ic.(JgQS~h.dll be t"bbed Q~cording tOd table ofCOtitents. The orjginal and all copies shall beclearlymark¢d ~c~ordil)glyas "original" or '<'copy.'; The digital copy and the five (5) copies rtIlJS~ be exactcluplicates of the original submission. FAILURE. TO PROVIDE EXACT C;OPIE.S SHALL RE.SULT IN .SUBMITTAL QEING DESIGNATED NON-R.ESPONSIVE. 36 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: ('Inventory and Vcduation Serv;ces/'RfP#fN20 17-07. C. Table orContents Include a cl¢a.ridehtificationQfthe material by sectipn and/or by page number. D. Qualification Statement The Qualification Statement shall be written insuffident detail to perniit the City to conduct a meaningful evaluation of the prop()sed services. The Qualification Statement shoul.d be delivered in two parts. The firs·t part is.thet¢chnical submittal that shall consist of subsections (I) through (5,), listed below, where subsections (I ).through (3)shctll be no more than 10 pages single-sid~d.Where (I) through (3) cJ)nt~inmorethCln the 10 pagel limit the Elva.luation committee shaJi be Instructed to disrega.rd all· pa.ges . in excesS of the 'limlta1:i(m~ The.sec()ndpa:rt. is all sta,ndard formsand~ffldavits; refer t() ·~P"opo$~I$.YlJmitt~(~C.heckiist Form,~' in ttie 8:FP artd#S beloW, ~nd fulJ)' executed • by~n'authorizedofficer ·of the Respendent. Tbe technical submi~1 should beQIVidedihto .subsections as described .below. I. I:.xecutive Surrun.ary: a. Provide a brief summary describing the Resp.'Ohdetlt'sapproachto the work c:;alled for by the RFP arid Clbilityt9 perform the w9rl< requested; the R.E!$p(;>I1dent'~ bac~r()und Clnd exp~rierice in providing similar serviCeS. This summary shQuld be brieh.nd c;:(mcisetoac;fvi~ethe reCl.d.er of the basic: sE!rvic~s ()ffer-ed, experience and Propos::!.1 of. the Respondent; staff and any other relevahtlnformatioii. A· Project/Client Manager shQl.lldbe provided a.nd Clssigneqtomanage all aspects of this work. 2. R¢$pol'ldel'lt's Experience: a. Describe the Respondent~s organization; history and background; principals, officers; ownerS, board of directors and/or trUstees; the prim~ry markets served; the total current number of employees; the current number of .professional empioyees by classification; and state the nllmber-of yeats that the Respondent has been itt 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 dient, (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 the prime 37 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 (induding.the Project/Client Manager) assigned to their area of r~sponsibiiity, including their company; title, years Qfexpetience.and years employed iii cutrent title at present or former firms. This chart mllst dearly identify the Respondent's employees and those ofthE! sub-consultants. Provide professional licenses on pertinent key personnel (ihdudihg slJb- consultants) to be a.ssigned for the services of thiS RFQ. 5. FiJlfillri1el\t: QfAIl Sc,Ii.::itatjQn Documel1ts: a.ResPQi1dents shall submit all forms and documents listed in the c'Prc:;posal Checklist Submittal Form/' This .checklist indicates the(~rm$'and doc~m~nt$reqliiredt() be submitted for thissollc;i~tion ~n~ ~Q.be presented by the dea:dlineset for within the' solic;itation~ FOllilhnent of all solicitation requirements listed is mandatory for ~Qn~lqera.tion QfresponsetQ the solicitation . . Note: Confidential and ,Proprietary Information. Respooc!ents may assert; that some trade se~rets, financial records, and proprietary or oehet tonfident.ial i!)formati9nin their unsolicited proposal are c;onfidential information tllat they claimto:heexempdrom.disclosure underapplltable Florida. pUDlicrecords laws. Such infQrmatiQn ma,y be included inthe unsolicited proposal, but submitted in a separate, ~ealed binderjde~ig~a.teclOn the cover as CONFIQENTIAL MATERIAlS. A Respohdel1t submitting materials claimed to be confidential shall indude a cover letter listing aU material designatedas.~onfldential and dearly mark each page of any material believed to be atrac:l~secret ()t>()ther confidential information/do'cument in all c:apitallettersand bold font asCQNFIQENTIALMATERIALS.lf a document .is not totally confidential but .contains non-c6nfidentja:landconfidetitia:1 information, the Respondent shall provide a redacted copy of tlie.documentand an untedacted copy. In addition, the Respondent shall prepare a list of aU the documents claimed to be confid~ntial or containing confidential ihforma.tion·and·on thene~ line urtderthedescription of each document the Respondent shall dtethestatutory provision that' provides the basis for the Respondent'S c::lalm that the document or a portion of the. document is .confidential and below the citation the Resp()nd~nt shall copy and paste theapplicaplestatutory provision (thi!i listing requirement shall hereinafter be referred to as IIproperly list" or "properly listed j, c()nfidential document). The failure to properly list a confidential document or the failure to redact a confidehtial dpcument that is only partia."yconfidential shall result in the waiver of any cla.im that the document is confidential or that the un redacted document contains confidential information. Itany person or entity requests'that the City produce or disclose any of said purported confidential information or documents, the City will advise the Respondent and afford the Respondent an opportunity to protect its assertion that said confidential information is exempt from production. If Respondent fails to timely 38 auth()rize the production of the informationl or document and/or fails to timely s.eek a protective order, and/or is unsuccessful in obtaining a protective order, the City will produce th~ requested information or document. The City shall not actively contest any request to disclose suchaUeged cctlfiaentialinformation or document and the Clty'cannot guarantee that the alleged confidential document or information may not be disclosed shou,ld it ulttmately~e deterp1ined not to be confidenti~1 u-nder applicable Florida public records laws. The Resp.ondel'ltshaU indemnify the City for any damages and costs the City may inellr due to the Respondent's claim that its document or information is conficlential. The City c;:an onl)' agree to advise the Respondent of such request and give the R.espondent an QPP()i1:lJnh:y, at· Respondenes s.ole and exclusive cost, to defend the request for disclosure of Pleconfidefltial information qr document in a Cou.rt of competentjurisdittiorl or .Other applicable forum. ENDOFSECTION 39 ------------DUFF&PHELPS-- Valuation and Corporate Finance Advisors Exhibit 3 -Insurance & Indemnification Requirements See Duff & Phelps' exceptions following pages 40-44. Duff & Phelps I City of South Miami May 10. 2017 17 EXHIBIT 3 INSURANCE & INPEMNIFICATION REQUIREMENTS INVENTORY AND VALUATION SERVICES RFP #FN20 17 M07 Insurance Requirements Without lirnitingits liability, the contractor; consultant or consulting firm (her~inafter referred toa~UFIRMII with regard to Insurance and Indemnification requirernents) shall bereq..,lired to prOcure and maintain at its own eXpense d~ring the life of the Contract, insurance of the types andin the: minimum amounts stated below as will protect the FIRM, from claims which may arise out of Qr result from the contract or the performance of the contract with the Qityof South Mi~mi, whethersuth claihlis ,~gainst the FIRM or any $ubMcontractor, or by anyone direqtly orinditectly employed by any ofthem or by anyone for whose acts any ,of them may be liable. ' NoinsUrcllice,requir:ed by the,ClfY shallbeissuedQr written by aSI.wplu$ JInes (:arrier' unless aUthp'rized in writing ~X the qlT)'anj:l ~iJcEpll~thorization,shall beatth~CITY'ssQleand ab$91ute discretion. 'The Ff£{Mstlall ptitchasEdnsurancefrom a.nd shallm'aihtain the Insurance with:a"company orcompariieslawflJl!yapthoriZedto ,sell insurance in fheStateofFlorida. on fotm~app.r(jv:ed bytheSt.a~e ofFIQrla~{~s Will protect the FiRM, ata mil1itnYl11, frc:)tn ail cJClims, asset forth beloWWhlth may ariseoutoof or result from the FIRM's operations under the Contrac;t andforwhic:h. the FIRM may be legally liable, whethersuth operations b~ by the FI~M C)r bya Subcontractor or byaoyor1~ glrectlyorindirectly employed by any ofthemjor byanyoneJeir wh(:)se acts any oftheiU, O'illY be liabh~: (a) ('!Iaims under workers' ~ol)'lpensation, disability henefitaiid other similar erop I c)yee beriefita,cts Which ate applic~ble to the Work to beperfornieC:l; (~) claims fordamages,'bec:ause of bodily injury, oc::cupatiomll sickness or disease, or death oftheFIRM's employees; (c:) clail)'ls for damages because of bodily injury. $ickries$ ordi~ease;Qr death Qranyp,ersoil other~han the FIRMjsemployees; (d) claims for damage~ irisuredby usual personaUlljury,liability coverage; (e) claims for damages, other than totbe Work itself, because of injlJry to or clestructlC)Il of tangible property; induding,loss of us~ resulting there from; (f) dairn~for'darnages because of bodily injury, death ,6f'a p~rson or property damage ,arising out of oWners hi Pi maintenance Or use of a motor vehicle; (g) claims for bodily injurY or property darnage<arisingout of completed operations;alld (h) cI,li'ms involving c:ontra~",alliabiHtyinsuranceaPpiIcableto the FIRM's obligations under the Contract. Firm's'lnsuranc:e G~nerally. The FIRM shall provide and maintain in force and effect until all the Work to be performed under this Contract has been completed anda~(:epted by CITY (or for such duration as is otherwise speCified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: 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, FloridaStatutes,as presently writtel1 Or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must include: Employers' liability at the statutory coverage amount. The FIRM shall fl.,lrther insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. 40 C()mmercial 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 $2,000,000 aggregate, including: . • Personal Injury;$I,OQQ,QOO; • Medi<:al Insurance: $5,000 J>er person; • Property Damage: $50Q,000 each oCcUrrence; Umbrella CommercialColl1prehensive General Liability insurance shall be written on aF/qrida approved form with the same coverage. as .the primary insurance policy but iii the amount of $ 1,000,000 per claim B,ncl$2,0,OO,OOO Annual Aggre~te.Coverage must be afforded on a form no mOre restrictive than the latest edition of the Comprehen/iive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office; .and must inclucJe: (a) PremiseS and Operation (b) Indepenclen~,tontra¢tors (c) Products and/qf COlt!pletedQperations' H~zard (d) ~!os,ipn:, <:qUapse a~(j LJndE!rgr~ur.td. H$h:l .. qoverage (e) BtoadForm ,Property Dama~e (~.Broad Form Contractual Coverage appllcabletC) this specific Contract,<includitlgailY hQI~ h~rmless and/or indefrlriifi(fationagreernent. . . (g). Personal Injury c:overag~V(ith_ ~rn.ployeeand Contr~ctu.al Exd usionsrerlioved, wlth minimurn lirnits ofcQverage equal to those required for BodiJy InjuryLiabilityahdPr,operty Damage liability. . . Business Automobile. Liability With minimum lilllitsof One Million Dollars ($1,000,000.00) ph.Js.anadditiona:1 Qn~Million p()lIar ($I.OOO;OOO.OO) umbrella per occLJrren~.ec.:omllined single. limit for Bodily Injl.iry Liability and Pr()p¢rtylD~mage Liability. Umb.rella cOY~l1fge rnust be afforded ona form no rnorerestrictive than· the latest edition of the BusinessAutomobile Liability policy, Without restrictive endorsements, as filed by with the state of Florl«:la,.ctncl must inclUde: (a) Owned Vehicles. (b) Hired and Non-Owned Vehicles' (c) Employers' Non-Ownership $ubcont.rac::ts: The FIRM agrees that ifany part of the Work un'derthe Contract is sublet, the subc()ntra~shall cQntain the same illsuranc~ provision as reqlJired by the General Contractor, other than the Fire and Extended Coverage Insurance and substituting the word Subcontractpr for the word FIRM and substituting the word FIRM for CITY whereapplkable. Fire and Extended Coverage Insurance (Builders' Risk), IF APPLICABLE; In the event that this contract involves the constructiOn cta: structure, the CONTRACTOR shall maintain, withem Ins.urance Comp(iny or Insur'lnce Companies acceptable to the CITY, "Broad" form/All Rist< Insurance on bUildings andstructutes, including Vandalism & Malicious Mischief coverage. while in the course of construction, including foundations, additions, attachments and all permaneil~ fixtures .belonging to and constituting a part of said buildings or structures. The policy or policies shall also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by 41 reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of the insured property. The policy shall be in the name of the CITY and the CONTRACTOR, as their interest may appear, and shall also cover the interests of all Subcontractors performing Work. All ohhe provisions set forth in the Miscellaneous section below shall apply to this coverage unless it would be clearly not applicable. . . (IiIiscelianeous: If any notice of cancellation. of insurance or change in coverage IS issued by the InSUrance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM shall be responsible fQr seCi:uriQg· other a(:Ci:eptap/e insurance prior to slJch can(:ellation. change, or expiration so as to provide continuous. coveragl:! as specified in thi$ section and so as to maintain coverage during the life of this Contra~t. AH'd.eductiblesmustbedeclared by the F/R.M and miJstbe ,appr.o¥ed .by the CITY. At the bpti.Qn of the C/TYjeithet the FIRM shall eliminateorreduc:~ such deCluctib,leor the: F1RM shan ,procure a. BOnd, in a form satisfactory t() the CITY c6v~ring:t,h~sC\,*e. Th¢poliCies shall contain waiverof$vbrogation against CITYwhereappHcabie. shall expressly provide that such polity Qr polide$are primary over any other collectible Insuraracethat CITY may have. The CITY reserves the right at any time to request acopyoftherequired policies fo.r r~vieW. All polic:ies shall.cO.ritaina "severability of intertast" or i'crolis liabiIJtyt~ c::/ause Witboutobligationfor premium p~Yltlent:()fth~ C/TY~s. welt as contr.actua/liaililityprovision covering the Contractors .duty to indemnify the. City as provided in thisAgreemeht. eefore starting the Work, the FIRM shall deliver to the CITY and CONSIJLTAI\jT, ihny, certificates o(such insurance, acceptable to thee/TI, as well as the insurance binder, if .one is issue.d,t:he insurance policy, including,the declaration pageClnd all applicable e!1dQr:semen.ts and provide the name, address and telephone number of the insuranteag¢l'1t or broke.rthro~gh whol'J"l the policy was obtained. The insurer shall be rated AVII or better per AM. Best's key ~t:ing GuidEl, latest edition and authorized to issueinslirance in the State of Florida. All . insurance poliCies mUst be Written on formsaPllroved by. ,the State of florida an~. th .. et must remain in full force and effect for the du.ration ofthe contraCi:t 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 req"m"ed endorsements. In addition, the FIRM shall deliver; at:the time of delivery Qfthe insurance certificate, the following endorsements: a policy provision or an endorsement with substantially similar provisions as follows: "The City of S.outh Miami is an additional insured. The insllrershall 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"; a policy provision or an endorsement with substantially similar provisions as follows: 42 "This policy shall not b~ 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." IridelT1nifi~Cltion Requirement A. The Contractor accep~and voluntarily incurs all risks of any injuries, damages, or harm which might arise during the work or event that is occurringo!1 the. CITY's property due to the negligence Qr other fault of the Contractor or anyone acting through or on behalf of the Contractor. . B. The Contractor shall indemnify,defel1d~save and hC)ld CITY,-it$ officers, affiliates, employees, successors and assignsi harmless from any and all damages; claJmsj liability;.!osses, claims, demands, SIJ1ts, fines, judgments .orcostand expenses, including reasonable attQrney's fee!i,paral~gal fee!; ~114 irlYestigative co!;t$'in(Ziden~1 there tc) an~ ihturred prior tQ, during or fol!owihgany lit'~tiOf1,rtu~diatiQn,arbjtration and at all appellate levels, Which may be suffered by, o:r.~ccrue(lagajnsG charged to.or r$c::6:'/era:bleJromti'te'City of South Miami,itsoffi~ers, affiliatesi employees".sutcessorsa:nd assig~s,-byreason ofahy c:~uses ofa.~tiP!1s 9rclaim of any kil'lcf()rnature,I.n~rllding c:1~h:ns;for injQrytQ; '.Qr death of any persOnQf p~r$Qnsand ·for the i()~s or daw~g¢t() any pr9petiYari$lng()~t: ()f'~negUgent error, .omissiQI1, misconduct, or any gross negligence,· intentional act ot harmfLiI.condUct olthe Contractor, itS ' con~c:t()rlsubc:()ntr.lctor pr any of their' officers, directors, Clgents, representatives, ~mRIQyE!~sic>rCls~igrl:;,. ()rClnyon~acting throo,ih gr on. behalf pi any ofthem, arising Qut of this Agreeme'nt; incfdent to it, or tesuh:ingfrotn the performance or non-performance of the Cbntta.t:tor's Qbligations under thIs A~RE!EM~NT. C:, TheCo.ntractol" sha!! pay lillcl;timS, I()s.~res and expenses of any kind or nature whatSoever-iin connection thereWith, incl.udlngthe expense or loss ofthe CITY andlor its aff~cted offict;!rs, affiliates,employees, succ,essors and assigns, including their attorney's fees, in the defense of any action in law or eqUity brolJg~t against them and arising from the negligent errQr, omissic:m, or act of the Contractor, its.Si.Jb .. Contractor or any oftheiragents, representatives,etnployees, or assigns, and/at" arising out of, or incident to, this Agreement, or incident ~o orresultingftom theperfotmance or non-perlormanc;e ofthe Contractor's obligations'lInder this AqREEMENT. 0; The Contractor agrees and recognizes that neithertne CITY nor its officers, affiliates, employees. successotsandassigns shallbe.held liable or responsible for any claims, including the cOsts and expenses of defending such c!aims which may result from or arise out of actions oromissic)Os of the COlltra:c:~br; its cC>ntractorlsubcOntractor 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 r~jecting any submissions or acts of the Contractor, CITY in no way assumes or shares .responsibility or liability for the acts or omissions .of the Contractor, itS contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. E. The Contractor 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 43 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 liabiHties. damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence. recklessness, or intentionally wrongful, conduct ohM design professional and other persons employed or utilized by the designprofes~ional in theperfc>r!n/ince Qf the ~()Iltract. END OF SECTION CITY OF SOUTH MIAMI-INVENTORY AND VALUATION SERVICES Legal Comments to the RFP Duff & Phelps' proposal is submitted notwithstanding contrary or additional terms and conditions contained in the RFP. If we are selected as the successful proposer, we will promptly negotiate in good faith to e.stablish mutually agreeable terms and conditions necessary to complete the services requested. Our proposal shall not establishacQntra,ctual relationship between us. The additional· comments below are with respect to the provided terms. Terms and Brief Explanation of Exception Oonditic)f1s Insuranc~ Our policies and limits are consistent with market norms for professional service providers, We carry the fonowing coverage: Commer(}ial(3en~rC)J Liability Automobile Lial)ility INorkar's Oompenf?ation (Statutory) ~r:npIQyment Pra,ctiqes Li.ability [)irectbrs lllOffic.ers Liapility FiQ!JcjaryLia,bility RrgfElss.iona.1 Errors & Omissions. Liability ¢r,ime PriVlicy& Network LiaQility p'r,operty Excess (UmbrellCJ,) Liability The foUowingare comments on the applicable RFP language: Without Ihnlting its liability. the contractor,consultant orconsultinQ firm (bereinafter referred to a.s "FIRM" with regard to hl$Uranceand hldemnifica.tion reqli.iJern~nts}shali be required to procure and maintain at its own expense duri[i~the Iifeofthe Contract. insurance of the types and in the minimum amourits.'$t~ted below as WUJ.-intended to protect the FIRM. from cla.ims which may arise. out of or resultfrointhecohtract or the performancebf the.contra.ct with the· City of $outhMi;ami, whether such claim is against the FIRM .or any sub- contr~ct9n or by anyone qirectly or indirectly employed by any ofthemor by a.nyone for whose acts any of them may be liable. Ne iA!)"'raAEl~ FeEll:liFeaeytl'-lsGI:J:¥sAali eeissloieEl 91' 'NfiHSA eya Sl:l~!I:lS liME; /;;;:lFFiSf uAless autR9Fi>!!:ee iR'NFitiR€I 8ytl:i9 GI+¥ aAa SI:lGR a!:HA9Rl!:atieA sAall be atlAe GI+¥'$selea.Aaaes9I!:1te EliI~~Feti9A.TheFIRM shall purchase insurance froma:nds~a:1I maintain the insurance with a company Qr companies lawfully authorizedto.sell insurance in theSta.te of Florida, on forms approved by the StatE!. of Florida. as wUhintended.toprotecttheFIRM,'ata minimunl,from all claims as set forth· below which may arise out of or result from the FIRM's ope ratio lis under the COritractand for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone directly orindir'ectly 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 CITY OF SOUTH MIAMI-INVENTORY AND VALUATION SERVICES Legal Comments to the RFP sickness or disease, or dea:th of the FIRM's .employ~es; (9) claims for damages because of bodily injury, sickness or disease, or death of any person otherthan the FIRM's employees; (CI) claims for darnages.ihsuredby usual petsorial injury liability coverage; (e) claims for darhages,6thei"than to theW6rk itself, because· of injury to or destruction of tangible property, including loss of use resulting therefrom; (f) clairnsfor damages be.cause of tmdily injury; tleath of a person or property damage arising out of. ownershipo!)eration, maintenance' or use of .a . . . motor vehicle; (g) claims for bodily injury orprQpertydamage arising out of completed operations; and (h) claill'lsinvolvihg contractual liability irisurance appltcableto the FIRM's obligations under the Contract Firm's Insurance G~nerally~ The FIR.M snail. pr(Wi,deand maintain in fordeand effect untiJalithe Work to be performed under this Contract has been completed and aQcepted by. CITY (orforsucn duration as is ,otherwise specified hereinafter), the insurance qoverage written Qn Floricjci apPrC>vea forms ana a~ set forth . below: Work~rs' Compensationinsur(;lngeattt1~:staWtory arrlO,unt as to all emploY\3es ,incph1pIlMc9INiththe "WQrk~r$' Comp~n$atiQrrL.:a.W" Qfthe .. $tats9f Flot-ioa including Chapter 440, Florida$tatutes,as presently written: or hereafter amended, and aU.applicable'federaJ laWS, IOc;ldcutidn, thepglicy (ies)lTlust inGllld~: Empl()Yer~' Lia~iI!ty atthestatutory.coverage:amourit The FcIRMshall furtber insul".e that all ofits$ubcontrgctorsmaihtain appropriate level$Of Worker'!) Compensation In:Sl,Jta.i'lce. C()mrner~it:lI COlllprehensive General Liability' insurance with broad form endorsement or, its eguivalent,as well as:.autQIJ10bile .. liabiHty,Qompleted OPE!ratiEms;;lnd proch:lot6Iiabillty,contractualliabili~y;sev9r~tiiHty Qf imerest with cross liability provision, a.ndpersbnal injury arid property dahiageliability with limitsof$1;OQO,OQO combiheq single limit. per .occurrenceand .$2,000,000 .aggregate, including: • Personal Injury: $1,000,000; • Medical Insurance: $5,000 perpersoni • Property Damag!'):$500,QOO each OCClmenCE;l; Umbrella Commercial Comprehensive General Liability insurance shall be written on a Florida approvedforrn with the same cpverage as the primary insurance policy but in the a.mount of $1 ,000,QOO per cla.im and $?,QOO,OOO Annual Aggregate. Coverage must 13ea#erdbdona form no inorerestristive than the latest edition of the Comprehensive General Liability polioy, ' .... ithol:lt resttictiveend6rsements, as filed by the InsurariceServicesOffioe, and must inclUde: (a) Premises and Operatien (8) Independent Contractors /,;.\ D~,,.J, ,.~ .... , .,.j/~~ r. ,,.J. CITY OF SOUTH MIAMI-INVENTORY AND VALUATION SERVICES Legal Comments to the RFP (d) Explosion, Collapse and Undorgrpund Hazard Coverage (et Broaa Fo~roFlorty Damage W BrbadForili Contradtblal Cdveragea@plisablstethisspesifio Contract,includingany·.hold·'harmless'and/-c:Jrindemnifit;ation.agreem~nt PersonaHAjury Covemge with Emplbyeeand COlltFactlJalExslusibns removed, 'Nith mir"limlJm,.limit6Qf~E)lJe~go equa.l. to iho.se reqqireqfor Bodily I Ajury LiCibility an~'l Propert}t DaFFl~geLii:lbilityJollow.form oUhe primary policies. Business Automobile Liability with mlhirnurn limits~fOne Milli~n Dollars ($1,000,000.00) plus (:ma<;!qitiqnaIOn~ Million Dollar ($1,000,000.00) umbrella per occurrence cornPinedsinglelimitfot /3od.i1y Injury Liability and Property [)~ma!Je Liability~ Ytnooolla doVeFti~eFRUst be aUorded on a rorilino more FeStfidtivethan thO latest (3diti()oQfthp ~ul'3il1e€l§.<"\)JtomQbilE'): Liability poliQy,' .... itho!:lt r(3!3trictive endQr.soA:'lents"a6filed'bt'Niththostate of Florid~,\ and musfinclude: (al O\\'nedVehiGles. ~(a) .. ·MIr~da,ndNol1"Owned Vehic;:lel:\ W cE~pl~Yer~!NpI1Qwn()~shjp SobcQntra~ts:. The FIRM a.gre~$that'if any p~rtoftheWc>rk under the Contract is sublet, the SiJbcgntr51ctsh~1I c::pnta,in ~hElsalt1e in$ura.nge<proVisionas required by theGehera:lContractor;'othOLthan .tnsPire ahd E-Xtended"Ce'iera§8 In~uranceanOsubstitl.ltingtha won:j Subcontractor for the word FIRM and substituting the WOrd FIRM fQJGITYwhere applicable. Inihe. eYentthat thiscQnt~ctih.v~weis the con¢truotiblJ Qf~ ~lfrlJcture,the CONTRA-CTOR .shsllmsll1taiR, ... ,'ith al'1 IASHfQ:nS~¢OFnpany: ot In$l:Jranco QOlT1paniesa()Gop~blotothe.CITY, "Broad" .form/AII·.Ris.f< ·lnsu~'1ce.·cin buildings andsfructutes, indluding¥anealisrh & Malidibu13 MischiefcDverage, ',\Inile in the QOUI"SEiof oonWuction, incilicling.toun(jati$ns, acj{j~ibns. il!lachments3I1d·a:llpermanaFltfixtlJres-belonging.to.·al'ldoonsfiluting a. part of said buildings.orsttuOfblre-s~ The policYotpelicies shall also Gover maohinery, if tho COElt:()f maQhineryis.h19IuQ()d in the Gont~Gt,Q.riftI:tEl machinery is located iha buildihg~hatisbeing rElA~a~ed byreasOR:.C# thisoowci9~.Thpain(juntof insurance must; 'atalltime.s,be at/east equaJto thateplaoEimef.lt and aotblal qae;hvalIJQ ofthe insuredproporty. the policy shall be inthe name of the CITY and. thoCQNT~AGTORj as their interest may appear, and shall also cover the interests Of all Subcontractors performing'Nork. All of the provisions set forth in the Miscellaneous section below shall apply to this coverage unless it would be clearly not applicaole. CITY OF SOUTH MIAMI-INVENTORY AND VALUATION SERVICES Legal Comments to the RFP Miscellaneous: If any ndticeofcancellation of irisurance or change in coverage is issued by the insurance compt;tny orshould any insurance have an expiration da,te that will occur during the period of this contraGt, the FIRM shall be responsible for secu ring other acceptable insurance prior to $uchcancellation, change, or expiration so as to provide cqntinuous coverage as specified in this section and so as to maintain coverage. during the life of this Contract. All deductibles must be deqlared by the FIRM and rnustbeapproved by tf.le GIJ¥, Althe oPti()Ro.ftno CIT¥,eithElrthe FIRM shalL eliminate or rbdueo sll:OhdedlJotible or the FIRMsha:H PFQSlIrei;lEkmQ,in aforrnsati~Gttiryto thpQITYqli,lveringlh!'.! same. The poliCies shall CbntainWalVerOf subrogation against CITY where applicable, sh~l!expresslyprovidethat such policy orp9liciesare p'rihlary over any oth¢r cbJleptipl~ ihsur,anCe:thiit CITY ma,y have. TMCITY reserves tho. rightataily tillie .tofe"luestaeQ~Y ~t~e teEtfJlred: PQlible~:fpttevii:lw,AII policie~ shall contain a i'severaqilitypf interest"or "cyossUabiliW'$laJjse without obligation fOr pretnium paymentbf the OITY as well as cbritractuaillability provision covering tHe Contractors dutyto Indemnify the Citya,s prqyided in this Agreement. BefQrestiirtinQ the Work, the FIRM shall deliver to the CITY and CONSULTANT, ifanY'dcert(ficates of s.uch insurance.aQbept~blettitREl'-GIYY.a.s wella$ the ·ihsuraAce bil1Por, if ()no iQ..iss.UEiQ, thp'JnsQtando pEilicy,inoludin9.thedeelarmion page and a. II applibablOenddrSemeilts and provide the name, address and tolElPhone nurnberpfthe insuranceagenfor brokerthrough whornthe polioy was obtc:Hned. The iilsurer"shall be ratet;! AVllor better per. A.M. Best's Key Rating Guide; latest editkmand authorized to issue insurance in theState·ofFlorida. All insurance policies must be written on forms approved by thE) StatE)df Florida and th~y must rE;lma:in if] full force and effectfor the durationofthecontract period with the CITY. +he FIRM may berequiredbyth~.tITy,at its 6~le€lisoretienrte prm4doa "certified eopy'ofthe Policy (as defined inP.rticle1ofthis doournent) whi9h sha:!1 inGIUde'thedeela.r:atiet:lpd~eandallrequired· endorsements. In a:dclition,thQ F!RM 6h~QlivQf, ;autjeJirne' ofdgHvery oOhq insura.noecortifica1ej tho following· E)ndots:~.rnem~: ElfJolioyprovislonor a:n end()rsement with substantially similar provisions as fonoll.'s;"t+h~ City of South Miami f&.shall beincluded as anaddi1ional insured. +he insure(shall pay all sums thaUt:le Gity of So lith Miami besomeslega:lly obligated to. pay as damages beoal;lsoqf 'bodily injury", 'property damage', or ';f)ersonaland adVertising injury" anE! it 'Nill provide to the City all of the coverage that is tYf)iGallyprovided under the standard Florida apprQvedforms'fbF ccimmerc.ial general liability eoverage A and Goverage 13"; CITY OF SOUTH MIAMI-INVENTORY AND VALUATION SERVICES Legal Comments to the RFP Illdemnity a policy prOvision or an endorsement wfth sl:lbstantially similar pro'lisionsas follolNS: ~No policy shall not be cancelled (including cancellation for non- payment of premium), terminated or materially modified withoutthe.FIRM first giving the City of South Miami ten (10) days advanced written notice of the intent to materially modify the policyorto cancel or terminatl:} the policy for any reason~ The notification shall be delivered to the City by certified mail. with proof of delivery to the City.~ We will generally indemnify clients for personal injUry or property damage th~t we cause whileonsiteor for our gross negligence orwillful misconduct in performing the services (see comments on the RFP . language). In addition, except where legally prohibited, wetypiQally~eek a return indemnity and limitation of liability from our clients, as jS$tandard and expected inihe market for these types .of s.ervices(sEle. below), The following are cOniments on Hie applicable RFP language: !ndQri'ltiificatic)o Req.,.ifernent 1. The Qontr(lctor(lPQ~pt$and voluntarily incurs all risks of any injuries to persons or, damages tt:Hahqible property, or harm Which might arise during the worK of$ventthatis'ocburring on the crty's property due to the·negligehC60r otherfaultwillful misconduct of the Contractor or afl}l.orieClcting through of on behalf oHhe Contractor, 2. The Contractbtshall indemnify, defend, saVe and hold CITY. its offic~rs, affifiat~s, employee$, $ticcessors and assigns, harmless from any and all damages, claims, liability, losses, clClims, demam:ls,suit$i fines, juqgments or cost and expenses. inqluqlngrl:}asonable attorney's fees, paralegal fees· and investigative costs incidental theretQand incurred prior to, during or folloWing any IitjgatiQn. mediation, arbitration and at all appellate levels. whichinay besuffeted by, ora9c::ruedagc:linst,chf:uged to or recoverable from the City of South Miami, its officers, afflliate~. Elrnployees,8UQCeSSors and assigns, by reason offlnythird Party causeS oJ actions ofolaiFflofanyl<indor nature, Incluclingclaimsfor injLJry tQ, or death' of any person or persons and for the loss or damage to any tangible propettyarising outQf a negligent error, omis!)ion, misconduct, or any gross negligence,intontionAI @!Qrharmfulwillful misconduct of the Contractor, its contractor/subcontractor or any of their officers; directors, agents, representatilies, employees, or assigns, or anyOhe acting through or on behalf of anyofthem, arising Out of tIli!) Agreement, insitientto it. or rssl:lltirig from the p~rformanoe orno.n performance of theGontFClstor's obligationsunderthis AGREEMENt~ 3. The Contractor shall pay all claims, losses and expenses of any kihd or nature whatsoevElr, 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 third party action In law or equity brought against them and arising from the grossly negligent error, omission, or act of the Contractor, its Sub-Contractor or anyof their agents, CITY OF SOUTH MIAMI-INVENTORY AND VALUATION SERVICES Legal Comments to the RFP representatives, employees, or Elssigns, anc:lklr arising aut pf,ar iFioidentto, this ,A.greement, or incident te or resulting from the perforrnance or non-performance of the Contractor's obligations under this AGREEMENT. 1. The Contraotor agrees ahG reoogi'lizes that neither the CITY nor its offioOFS, affiliates, .omployees, 8uopbssoffiand O;ssigns shelll beheldliabloer rospE;msible.fqrany slaims, inslbl~ing 'AOGOStS an.do~pens,os of Gefending such olail'i1swhish may resultfroffi .or Poriso. ()utofastiOl1sot:omissionsoOho Contractor; its Gontmotbrlsuboontraotbror any Of thok agents, represontatives, employees,orassigns, or anyone acting thr()~ghoron bohalfofthe thom, .and arisingoutof or sonoorning the workorovontthi!l-tis OGoufring on tho CITY's property. I n reviewing,~ppro'ling . or rl:ljootin!:FCioy.submisaiOl)s or apts ohAo· COI'1traOtoF, .CITYiRno way as.sutti.els orshaFeistesponslbilityor liabilityJbrthe aQtsor ornissJons $fthaOoFjtraotQF, jtstl()ntl'q;s~r/su~90hlraotoror.anY()fthoir ~g~ntr:;, representativos, employees; ()Ja~sigFis,.I:>r,anY<'n(i)~~oting thr6119h Of an bohalfofthem; 2. TneGontractoJ Aas tho Gutytopro'.'ide,a',def9l'1setWithan attorney cit law firmapPJ'Ovod i byt~o C:itYQf SQuthcMiami; ·\"'~l1iQht(ppr()~L·;vill 'oafbe unroa6ona~lywiUlhOld; . .. .. .. ..... . . :3~ . f.:i!iJWe'Jer"astQ doe;ignpFPWseiElnaf Qtlfltraot$;anOPUF$J.!antte SeQtj$A 725;08. (1),Jflorida Statl:ites,rroheef the,pFb\iisiolls .. setfai1h .noroin abeve'that ate .io Qonflipl' .... ith this subparagraph shall apply anEifhi$ s\;lbparag@ph shaUsc3Horth the sale re.sP9nsibllit)' all,hedeEligll:PFQfo~sionElI:G.ClnO,orning in~ornn~io~ion; Th l:iel , tho oOE!igrr prefflse;iPnalis opligati@hsas :t~:.tAO QiW'aA'~it~f aQOlJoieQ,as well as to its'oflioetsahdElR'lpieyees,is tel iFidemRif)lahaAal~tRef:t1 harinlessJroril liabjlitiEls1c\atna9i38, IOSS9$,aFld Gtlsts,inbludii-rg; b!=1t Flo,t Umited to,reasonable tltt0FAO~' fees,tethe eX-tont OalJ~6d bythenegligeTlG!3i reol<lessness,or intf;lnti~nallyl .... rdn9f·I:JI··Odndu.ot.ofJhegosign.profElSE!iQFlqJc:lnqothprpe!!Ei()F1s employed or utiUioetibythe. design professibnallii theraetfotmanobof tho sontraQt. . . Service -R~lated With all services we provide, therean~ few additional related terms that are T$rms typically incprporate!=! intqtheservice c;:ontract in sQrnemanner. Limited Use and Reliance -Client is the sole intended user of Duff&· Phelps's report or ctherwork produc:t. Clientrhay di$closean i.hforrnatiCitlal copy cUhe report,or other work product to it~audit, tax, legal or inE?uranc;:e professionals acting in an advisory capacity in connection withthe purpose of this. engagement. Nothird party shall have the right of reliance on the report, and neither receipt nor PO$ses~ion of the report tlyanythird party sh~U 9te~teany express or implied third-party beneficiary rights. Engagement Lh'nits -Duff & Phelps's report may only be used for the specific purpose or premise of va.lue sta.ted in this Agreement and the report Client shall not reference Duff & Phelp$ or its Work in any publicfilihg or other ma.teria.ls distriouted to actual or prospective shareholders, investors, financing Parties, or similar third parties without Duff & Phelps's. prior written consent. Information Provided by Client -Duff & Phelps will not independently verify information provided by Client, its advisors, or third parties acting at Client's CITY OF SOUTH MIAMI-INVENTORY AND VALUATION SERVICES Legal Comments to the RFP direction. Duff & Phelps Will assume and rely on the accuracy and c(>mpleteness of all such information. Retention -All files, documents, and wo.rk papEjrs rl3'ce,iv~d, created, or developed during the engagement will be retained for professi6nairElcQrdkeeping and legal/regulatorycompliance purposes, all in accordance with Duff & Phelps's document retention policy. If required by applicable lawt6discloseany.ofthe documents, buff & Phelps will notify Client so it r11ayse~k a protective order, at its discretion. Indemnification -Unless prohibited by law, Client Shall indemnifyanc:l hpld harmless Duff & Phelps and its affiliates, including each of their respective employees, from and against any and aJlliabiUti~s, IQ$se,s, gos~s,an(j reasoliable: expenses, including but-'notlimiteq to,re.asQnable legaLfeesar'ld ~xpense$ancl billable hOurs of clientservica personnel, which are i) incur.rE!~tin responding to subpoenas,dis'C:overy; or other similarin~uiriesass6ciatedwith or arlsihgfrom the engagementQhl)~riEling from (jrreIMjl'\g'tOJhird~party·cl~irfls based on relfanceQr purported reliance ()n[)4H&,pheIP~'$workpr6dt;JCt or bt~er~lIeged loss 61' datriage caused to ol'alle!ll,ed bY~l1yn.on~Qli(;)ntl~ntlty.~risrng'frorT1 u[Jal.JthClrizedaoG9ss:toor reliance updhDUff& Pheips~s work product th~ foregoing Indemnification Ql:iligatiQri~"sIia.H JiotaPi)(Yin theeVentthat8 court of c<)rnp~tentj\.lrisdiction finally d~termine§lthat~l!9~cJairtl$r~s:l!!t~d dir~btlyfrorn the gross negligence, willful miscond.uct; orfral;ldulentacts. ofOllff& phelps, Limitati()fI of Liability -In 1"10 event shaUDuft& Phelps be nabl~to GRant (or any per~()n claiming through Clie.nt)und~t thisAgr$~menti:lJnder any legal theory,for anY9.l)1ountinexGe~S of the total professloh~ltE3es paidpyClientt9 -[jUfh!!! Phelps in connection with this engagement, .exceptio the extentsuQh lic:lpiiityis diregtlygaused by Duff & Phelpsls.gross negligence,.fraud; or Willful rnisconciuct. The toregolng IirnItationof liability shall not apply t91iabilities that arise from person<:\1 ihjury or property damag~ l:esulHngprimarily from Duff ~ Phelps'S negligence orWillful· miscQnduQt.ln .110 event shall Duff' & .phelps I:'>e li~bletQ Client .for any consequential, indirect, lost profit, or similar darn ages r~lating to or aiisirfg from this engagement. . .. Environmental Policy -Duff & Phelps will hQtinvestigate, nor a$sunJe respohsibHityfor; the .eXistence or impactof any contamination or hazardous SUbstance rela.tea to property or assets associated with this en!':1agement. ----------------------OUFF&PHELPS, .... Valuation and Corporate Finance Advisors Exhibit 4 .... Bid Form Duff & Phelps I City of South Miami May 10, 2017 18 EXHIBIT 4 BID FORM INVENTO~Y AND VALUATION SERVICES RFP #FN2017·07 THIS PROPOSAl IS SUBMITTED TO: Steven AleXander City Manager City of SOIM Miami 6fJO.SMn$et Drive South Miami. FLl3143 I. Iftl1is PrQPQsalls accepted. the uhdetsign~ R$$PQ(\dent agrees to enter intaa Coritra« with the· City of So .... ~ Miami In thefqrnl i.n~~cfecUn this Splici~ticin ~tkage and to perform andfumfsh all work as specified or indicated (11 this SoIiC::i~tio". including ~ seHotdiiri Exhibit 1 (ScQpe ofServic:es.Attachment A "8) for the Proposed Prlceasset forth below, Within the Contract TIme and in accordance With the other t~mlsaogcondltionsohheSQlidtltlonPackage. . 2, R_e$poiid(!"~acteptsall of the terms and conditions oftheSQlidtation and InstruCtions .to RespOndents. iodQdingwittlout. nmitatiollth6s8'deallogWithttie dlspOsidoncif Proilosall8idBahd, ifrequii"ect This Ptoposahvill remaJnsubJf!Ctto ;acceptan~_fQ"180 9'lendar~~P01ftert"jt ((ayof the propoUJOpeninj. Th"Responderit, by/Sl~iri,ifid.~4bmittihgthis propQsaI.avees to all of theterm$ and contlitionsof the.fo rm ' of cO'ntra~thali$a,~'ofthe,Solidtation pa,Cl<ageWithappropriat£! .cllaoge$ to 'conform t(5 ilieJnformittlc,i,(:Qlttijoe.t:f· {n this 8i4 Fgtmr . . ReSpond~t agre~ 'to sl~ and sl,J!lmitdte BondlliifreqQiredbythidQlidtaijQfI.requir~(nnsut.artc~ documf.U\ts. aod other dOclJmentsrequired by thEt:Solidauc?"i includll1gtheColltraCtjfnotal~a,c:lystlMljtted, within ten (10) catflndar days after the date9ftlll~ City's Noti¢~9f'AWard. 3. InsulJmittlngd:tls~ Prbposal, RespOn~ent .. eprl!$l!ri~tha~ a. ~~PQnderithas examirjecl cQpie~ of aU the Solfdtatl~n Documents and of the (allowing Addenda. if any (receipi ohl! whiCtl.is Jlereby a,cknowiedge(J:) Addendum No. I\LA. ~ted: b. Rl!Spondem; has familiarized Ilimllelf wlththenattire and extent of the Contract Documents, the proposed work.~e./oc:ality.and all localt~m~itions 1inclhiws30.d regulations ma~ in any manner may affect· cost. prQgre$II, perloriJjar:i~eorrur:riislltng. Qf the Work. - c., ReSpond~nt basgiyen thecC:ity writtennQi!cEr,ofaU conflicts. error$ or dlscrepallciuthat lthas dls(;overed in the Cootra~' Oocuments· and. If any conflicts. errors Qr discrepancies have been fo~nd and notice given. the Respondent reprl!Sents, by liubmltdngits proposal q) the Cityi that the Respondeot has rec.elved suffidentnotice of the rl!lio/utiontltereoHrom the City, that such respll,Jtipo is acceptable to Respondent and~at dle Respondent walVl!SllOyclalrn regarding the cqnfllCts, errors. or diicrepandes. d. This ProPQ~ 1l>gef1ulne. an4 hot made in d1einte~tQf Of'Qn behalf ohny uncllsdosed person. firm or corporatiQriand 1$ nat. submitted pursu~t.to any agreem(!nt or rule.sof any grOt,lp, a5$QCiation. organiUtion, orcorpotadon; Respondent has notdirecdy or indirectly induced or $olicjt~ any other Respondent.to submit a false or sham PrQPosa/; Rl!Spondent has not lIolicited or Indw;:ed any person. firm Qf cOl"PoratiQn,to~frain from responding; and ~esponc;h!flt has not sought by collusion or otherwise to obainfor i~f)/f any advantage over any other RespondeJ:It or over the CITY. 4. Respondent understands and agrees that the Contract PrIce ill the amount that It needs to fumishand install all of the Wor~ complete and in place. The SQtedl,lle of Va/ues~ If required. is provided for the purpose of Proposal Evaluation and when InItiated by the CITY, it shall form the basis for calculating die pricing of change6rae.-$. Th~ Contract f'ri«:eshall not be adjusted in any way sou tp resule ina deviation frorn the ScheduleofValul!S; except to. the extent th~ the CITY changes the Scope.of the Work after the Coritra«. Pitte. As such, the Respondent shall fumish all rab~r. materialll, equipment, tools. superintendence and servicl!S necessary to provide a complete. In prace. Project for the Proposal Price. If this Solidtatlon requires the completion ofa8espondents COlt anq Tet:h"'cal Proposal. ExhIbit 5, as may be set forth in in an exhibit 1;0 this Solldtation, such propollal must be attached to 4S this Bid Form and Will take theplac:e of the Lump Sum Price, otherwise, the Contract Price for the completed work is u follows: 6EFE;RTP eXHIBIT 5 "Respondents Cgst and Technical Proposals" 5; The ENTIRE WORK shall be compli!ted, in full. within MiA days from the commencement date set forth in me. NOTlCe TO PROCeED. failure to complete the entire work during the described time period shall result in the assessment ofnquida~ damages as may be set forth. in the Contract. 6, Insert; the following information for future communication with you concerning this Proposal: RESPONDENT; Address: Telephone: I· . j FacsimUe: C()mactP~n 7. The.~rtn$ used in this PrQPosa' which are defined In the Contrace shall havethesame meaningas.is ~~ign~. • ~ to mem iothE! Contract Oo(uments, unlessspecmcally defined in this,SoliCitition Package;. ~:~,~thi' In ." . . ., . . -, -0h'~j'} '1 . 8. If a. Rupollde~ c:::~ ,&Te~llnlt:al, Proposal, Exhibit 5.,is requir~dby theSQliciratiQf1, ~esP()Jl1Jent I hereilycerti~e1ithata!lcjfthefa¢tsandrt!Sponsesto ~e qllestiOOl! pos~d,ln th.~ Re$pond~uCoit& "'ech'ni~a,profijJ,ql~~I~it.s, Ih""di~ .~Ibit i~ madt;\ a patto(ctljeSolfc::itation.are tr:Qeaod (Oftect arid are herebyadCipte,Ju pai"tofthis lid FOm1, and are mads a part of this p!':()posal. by reference. 9. . 8ysobmittingthis prQPosaJ, f. on behaJ(of the business that I represent, hereby ~~ ~()the.Wtllls ahha form of.cQn.n~4Qnt.a((1E!d'n· theSQI19~do.n pac;kap ~5J I aU" to.be boundb)" thoseter.ms, with ai\y .ppropriate blank boxes, if any,d:1e.dted and any blank lines tilted in with the appropriate iofQrmatj(m contained iff the. SoliCitation OOcuments and thi$ PropoW. or such information th~t the, Cif;)'· and' I have a~~duponin diecqurseof.conttatt '\f~l()tiatfc:il'ls and Which have b~ric:onfilii1ed. by theCityfn "'ritin. including &omail confirmation, if any. I . hereby certify onder penalty of perjurY that I am the laWful rep'r~eiitiltiveofthe business entity referenced in this Bid Form, that I have authQrity to bid format entity. that I have authority tOsi.., CcintnlCts.fofthat entity. and bind cit w. thos8.contnc:t wrms and .Wt all of the informadon·aild itipresentatioris contained herein are true and c<;Irrect to the best of my knowledge. infamlatm and belief. th~ . bush'le$S entity r~erenc;~ in ~is Bid Form. that I have authoritY to bId for that entity, that I hilve authority tQs~ contra~ for thl\tentityind bind It to those contract terms and that all oftheinformatiQn anti rt!presem:atlonscontained herein are triie and correce tome best of my knOWledge, information and belief.· .. SU13Mmi:D THIS q~ pAYbF Telephone Numcer .. I\ltG: . Tide END OF SECTION 46 ------------DUFF&PHELPS~- Valuation and Corporate Finance Advisors Exhibit 5 -Cost Proposal Duff & Phelps I City of South Miami May 10, 2017 19 EXHIBIT 5 Respondents Cost a.l1d Technical Proposal INVENTORY AND VALUATION SERVICES RFPtlFN20 He01 Respond~nts to thls RfP must (:omplete and indudetheRespondent's COst and Te<:hnicaI Propo$3l, in accordance with Exhibit 1# Scope ofSerVlcu. Att(ZChmentA& 8, with their submittal. failure to do so shall render the Proposal non~responsive and the Proposal shall be rejected from further conSideration, Year f Year 1 Year) YearS. FIVEVEAR TOTAL; SUBM~ THIS ff"" DAY OF PROPOSALSU$MITTEO 8Y: UU,AE .. \?Wf'$} LkC~n· Signature Ti~ Vl;CL(br Proposed Annual Contract Fee $. to bOO J $ "'DD . I .$ la/MD $ ~/i{) D $~fLJOb $. zJ .000 I .. . --Lill.-...>;.L.o·.· .~=~+-__ 20Jl. lobO --aJ7A -D%-\'1 Tetephone NUniber . NLA. END OF SECTION 47 ...................... -DUFF&PHELPS~--· Valuation and Corporate Finance Advisors Exhibit 6 -Evaluation Criteria Duff & Phelps I City of South Miami May 10, 2017 20 Scoring and Ranking EXHIBIT 6 EVALUATION CRITERIA INVENTORY AND VALUATION SERVICES RFP#FN2017~07 Phase. I ;. Competitive Selection-Ranking; maximum 100 points pei" committee member. Respondents shall be evaluated by the City. Respondehts deemed as best suited and qualified shall be selected bya Selection Committee of at least three (3) City representatives for diseussion and/or presentations; ranking and subsequent negotiations with the highest r.anked consultant. The evaluation kc:torsused for determining qualifications for ranking include: I) Respondents experience, qualifications, and past perforinanc~ related to the performing inventory and valuation. services of a similar nature: MClJtimum Points 30 2) R,elevanteXperience.andqualifications of key personnel. including key personnelofany subcontractors, that .will be assigned t9 this projed,and experience and qUtilifica.tions dfsub!:ontractQfs: MOJCimIJm Points 20 3) Respol1dents develQPmentplan, tirneframe, operation plan; number of qualified staff to be~ssignedt6 the prc:>ject: . Maximum Poii1t$ IQ 4) Proposed Annual and CQntract term fee: Maximum' Points 40 PitaseU·-Competitive Negotia.tions Submitl;als will beevaluatE!~ by a. Selection Committee. A ranking of all respondents or short- listed reSpbhdE!nts'wili be determined by the Selection Committee. The .SelectiQn Committee may scheduleinteryiews andlor presentations with the "short,..lis.t" respondents or, any respondents. A final ranking of all firrnsor ~hort .. listed firms will be submttted to the City Manager for revieW and .approvaL The CityM:lnagershall commencf:l negotiations with the first rankedfitm. Ifthose neg()tlati()n~ are lJnsuecessful~. negotiations will be opened With the next ranked firm, etc. Until th~ successful completion of negotiations and execution of cQntracts. Th~ City reserves the right to reject all Respondents, to request clarification of information submitted or to request additional information from any Respc:mdent, and to waive any irregularities in any submittal. END OF SECTION 48 ...................... -DUFF&PHELPS~--- Valuation and Corporate Finance Advisors Exhibit 7 -Contract See Exhibit 3 for Duff & Phelps Legal and Risk Management comments to the RFP relative to the Contract and certain terms and conditions. Duff & Phelps I City of South Miami May 10, 2017 21 EXHIBIT 7 CONTRACT INVENTORY AND VALUATION SERVICES RFP #FN20i7-07 , THIS CONTRACT, entered into this __ day of I 20-----J by the CITY OF SOUTH MIAMI through its Manager, both of wh.om shall be hereinafter referred to asthe "CITY" where applicable; located at 6130 SunsetOrjvej South Miami, FL., E-mail: salexander@southmiamifl.gov an.;l _______ ~ ___ .,.-__ with an office and principal place of business located at .. , and E-rrHlil a,ddress of ___ ~~ __ and Facsimile transmission num.berdf ___ (hereinafter <;alled the "CONTRACT()~"). WITI'.IESSETH: WHEREAS; the CITY is in need of ; and Wi:lERE.AS, the CITYdesitesto retain CONTRACTOR to provide the required goods arid/or servitesbasedon CONTRACTOR i!; representations whlch.refiect that CONTRACTOR is qlialrfI¢d and capable of provldingsaitl, gqods snd/o"r'se(VlG.e$irtaprofessional and timely manner and In accordancewith the CllYis goals andrequlrementsi and WHEREAS, CONTRACfOR has agreed to provide the required goods an d/o r serviCE!sin .accor.dancewiththe terms.and'cohditions setforth herein. NOW/(j.{eRI;FORE,. in con$iderationorthe mutual.covenants and agree merits herein contal nedithe.partles agree as fciliow,s: .. . . II. ~ngagem~ntoftontractor: Based.on the.rE!pJ;esentatlonsof.¢ONTRAc:tPRassl:!t'ou~inthe,foJlowirig i'checkedli.documents tnEr CITY herebyretall'ls CbNTRAGTO~ toprovidethego_od~<md/ors~rvic,essetforth tn said proposal/quote or response to sl>lieitati61'1i whlcheverisappilcable,asmodifled bytb:e(tont~ilct OOC!Jffiet:itS,dr(ls.is (jther1AiisE!~E!t'f(ji1:h in the Contract Documentsdefil'led below (all of whiCh· is hereinafter refe.rred,tb3s theWor'k"). (iThEfck'th~ box hnmedlately precedh1gthedocumellt descrlb:edbelowto iridlcatethatsuchdocumeritis partofthiSCorifrai:t1 . "COi1trat;ti:)~s responsdo the CITY's written solicitation;AttiJchiiJentA,or V Contractors pi'opoSa/orquote,orlf none. o As described in pCitagraph 2 below. 2) Contra.ct· Documer:Jts: The Contract D()cuments s.hall iriclude this Con~tact clOd th~ following "Checked d9C:lJmen~', as well as any attachments. or exhibits that are made a part of any ()fthe ~I¢hecked documents". (Check thebol(immediiltely precedihg thed6curilent described be/owto indicate.thais.uchdo¢ljmeiltJspaltofthisContract) o GeneralConditionstoContract, o SupplemeritaryConditibr'lS, vt'Otl:JerDocuinents" refet~ingto in this Contra.ct and.slgned by~he parties, o Solicitation documents ("hereiriafterreferred tp as 1!E\i.d Docutner'l~s"iriclucling~ny request for bid, request forpropbsal6r similar-request) '" Scope Qf$ervices;AttClchment Bi V Contra,ctor's resppnseto the Crrv's Bid Documents; AttathmentA, '" Contractor's proposal. or quote; Atfachment A, '" CITV's lris.uralice & h'ldemnifica~ion Requirements, Attachm~nt ~ Daonding of Employees (the term lIemployee", as used in this Gontract,shall inClude vOlunteers) -$,l,O()O,OOO o Payment Bond, o Performance Bond, This Contract and the General Conditions to Contraqt,supplEimentary Conditions, the Solicitation, Scope of Services and "Other Documents",ifany are "checked documents", sh.all take precedent byer thl:! resppnse to the CITY's Bid Documents, if any, or the proposal or the quote, if any. The "checked documents" are attached hereto and madea part hereof by refereru:e. . ~) Date of Commencement: CONTRACTOR shall commence the performance of the Work under this Contract on Or a date to be specified in a Notice to Proceed, or Purchase Order, (hereinafter referred to as the "Work Commencement Date"), and shcillcomplete the performance hereunder within ____ days onhe length of timesetfofth in the Contract Documents, whichever is the shorter period of time. TIme is of the essence. 4) Primary Contacts: The Primary Conta.ct Person in charge of administering this Contract on behalf of the CITY is the City Manager ("Manager"), assistant Manager, or the Manager's designee, who shall be designated 49 in a writing signed by the Manager. The Primary Contact Person for CONTRACTOR and his/her contact information is as follows: Name: e-mail: ; Fax: Street Address: 5) Scope of Services: The goods and/or services to be provided are as set forth in the "checked documents". 6) Compensation: The CONTRACTOR's compensation for CONTRACTOR's performance under the terms and provisions .of this Contract, or CONTRACi'OR'spayments in the event CONTRACTOR is paying the City for the uses oftheCITY's propertyorservic;es, (hereinafter referred to. as the Contract Price) shall be one of the following, as indicated by one of the (ollowing. checked box; 0 $ or as set forth in 0 CONTRACTOR's response to the tlTY's wri~l:en solicitation, if an'l, or, If tiOne, then as set.out in CONTRACTOR's proposal or quote, the Scope of SerVices, or as sef{prth in, or rr1pdified bYione oftheContract DO~lIrilents, whichever is applicable. 7) Hours of Work: In the event that this Contract requires the performance of services, it is presumed that the cost of performingtne Work after regular working hours, and on Sunday and legal holidays, is included in the Contta.ct Price, However, rtothill~ contained herein shan authorize work on days 1'Ind duriijg hC:lUrs that are otherwise prohibited by ordinance unless speCifically authorized or instructed in writing by the City Manager, the Managei"sassistar1tqrt;ieslanee, ~) Time jJrovisjons: Theten:nof~hi.s Contrilc:tshan cpm~¢l1ceon the Work Commencement Date and shCiHcC!ntim,lefori:hree'(3) years and onef:L)two(Z) renewal. solelyatthe discretion oftheclwlVianager,or unleSS earlier terminated lIccotdih~< to.thel;cintr:act-Oc:i"lIlTl~n~. No~!~b$tl:lndlng the for~golng, this . Contract may be extendedbyanadditional __ periodifthe'extensi6n isiltwrith'!B'ai'id signed by the Cit'{ Manager. All extension of th~e terJil()f thi~C.()n~ra;rifi$attM CllV'~. s~lIea;,d absolute discretion. .'. 9). T¢rirlinatlori:TIlI~C:9ritr'a¢tm_~y beterminatep Wi~ho_lifj;~:use by th~ CITY With 30 days of advanced writt<\ln nQ~ic~. This pro~j$ion $Uper~E:!des al'ld tak~$ precE!den/:e. Q\I~~'C1ny contrary provisions for t(!rmih~tion COrita)rie:d(h fhe Gprit'ratt Dbqiri:\eMs; 10) Applicable Law arid Venue: Florida law shalJappJytQ.the interpretation and enforcement of this Contract. Venue:forallproceediligsshcill be in Miami-Dade:County,.Fiorida. l1)D~tie_s.arid.R.e$poi1~ibil[t!E!$: c.oNTRACTOR $h~II~()rrtPIywith all applicable laws, ordinances, codes, rules, regulatlons,a,ndhealtharidsaf~t'lstan(iardsCilf any gQvel'rinle:nt1'l1 body havingj4risdictioriQver any niatter rE!li'lted t() this Contractor thegoo<1$ and/or services to be perfornu!dhereunder, andshali commit no trespass on any private property. in petforming any of,the work embracedbYlhisCQntra/:t. Each and every provision and/or Clause required by 11l1Nt6be.lnserted j~ .this Conftactshall OedeemedtO. be inserted herein. ancl this Contract shall be readanJj enfotte~ a~ though ill,lch prolilsions and/or clauses were ineluded herein. ~) . Ch~nge p~deJ:'~: .. Na . !ldditional Wprl5 or exiras<snall be··dQne unl~ss the same is duly autn()rized In writing and-in advance of the ,workby~ppropriate action by. thl:!,bty Manager and in accordance with the Contract Doc.l1m!'!l1ts. 13) Ucensesand Certifications: Contractor shall seciJre all necessary business and professionallicenses!lt it's sol¢e)(p~nSe prior to executingthis Contractor commencing: theWork. 14) Insijral1ce~ il'idemnlfic~tl!l,,&Bondll1g:· CONT~ActORsbClJI(;9rnpIYWith the insurancei ingemnification and bC!nding req!Jirements.~etfolthin :i:he.Cqntract Documents. .. . 15,)' JutyTrl",1 Williver: The parties .walvethr:li.r right toIurytrial, 16) Entire Agreement, MQdific.~t_iol'!l ",nd lIlon.wahler: fhe C;oritra.c.t Documents constitute the er)tire agreement ofthe parties and supersedes.any prior agreements, written or oral. The Contract Documents may not be modjfiM otamendeej exc~ptin writing, signed by tioth parties hereto and if this Contract is required to be approved by the City Commi~sic:m,all· amel]dmentsth-ereto must be approved i.1l the sarne manner and with the same fbrmality as this Contract. The Contract Dpcuments, ingeneral~and this paragraph, In particular, shall not be modified or amended.by any acts oromissiQrisofthe parties, Np.falb,rreto exercise and no delay in exercising any right, power or privilege shall operate:as a waiven Nbwaiver oftheContract DOcuments, in whole or part, Including the provisions of this paragraph, may be Implied by any act or omission. 1'7) Public Records: CONTRAc.:TORand ali of its subcontractors ate required to comply with the public records law (s.119.0701) while providing;.goods and/or services on behalf of the crTV and the CONTRACTOR, under such conditions, shall incorporatr:lthis paragraph in.all of its subcontracts forth is Project and shall: (a) Keep and maintain pu.blic records reql,lireO by the pUblit agency to perform the service; (b) Upon request from the public agenc:y's custodian of public records. provide the public agency With a copy of the requested records or allow the records to be inspected or copied witlJin a re.asonable time at a cost that .does not eXceed the cost provided in this chapter oras otherwise provided by law; (c) Ensure that public records th~t 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 CONTRACTOR does not transfer the records to the SO public agency; and (d) Upon completion ofthe Contract, transfer, at no cost; to the public agency all public records in possession cif CONTRACTOR or keep and maintain public records required by the public agency to perform the servic:e. If CONTRACTOR transfers all public records to the public:: agency upon compjetion of the Contract; CONTRACTOR shall destroy any duplicate public recordsthat.are exempt .or confidential and .e~ei'i1pt from pUblic records disClosure requirements. If CONTRACTOR keeps and maintains p!JbHcre¢otds I.IpbncorTlpletion of the Contract, CONTRACTOR shall meet all applicable requirements for retaining public records. All records.st()r~d electrQnic:allyrnu!;t be pfovidedto the public agency, upon request from the.publitilgency's custoclian of public rElcords. in .a format that is compatible with the information technology systems of the public agency. IF CONTRACTQR liAS .Ql.IE$TIONS REc:;ARDING THE AppiLicATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PRO¥Ib'E PU.BLIC RECORDS REL4TING TO THIS CO ..... TRACT, CONTACT THE CUSTODIAN OF-PUBLIC RECORDS AT. 30$M663-6340; E-mail: mmenende:z:@southmiamif).gQV; 6130 Sunset Drive:, South Miami; Fi.. .33143. . . . 13) B~ckgroundScreening. All persCll'lnel cll'1dvolunt«;!ersthatwill provide any. service With vulnerable persons, as defined In Section 435.02, Fla.Stat., involvil'lgthe Citypr its Ager'lCY in such relat~dactiviW orwho may have acceSs to SE!CUre:Clr:SElnsitive areas ofthe City, must be In compli~n!:e with, ~eveill. Background Screening and fingerprinting requirements.as per; FIClrida StatuteCh.4~5 j:lriprto the sphedliled s.t.<irt ohnyerriploYE!E!'qr: itol~nteer. CQI\ITRAqOR shall prevent any andallofitspersonnel; irieludirigvQlunteersJJromengaging lni!liysuch ,re.latE!daotivitl~$ wtth()~fha\ljng Passe-d a batkgroundscreening to the' satisfactiCln ohhi:!:City~AviolatiQnQf this .requirem~l1tsh~n. c9~cstittij:EI a~UbStalltiai breach ofthis Contract. 19). Jjl1,lg~·free'Wo~kplace. c:PNTRAq(}R$hal{ !:o.rnply with the DrlfgFreeWQtkglai:e polley ~etfortli In the Gity'ofSo,utl:i Miami's .petsClnjlel Man.ual which is made a part oftbisCo!ltra:cl byrefer~l'Jce~ 20) TranSferai'ldMsignment. j\,!Qlie of thE! wprk tlrsE!iYkE!sunderthl~. Contract shallbe~subcontracted or assik'!Jecl wlth9(Jlprior;WrittenconsenUrom theCITV whith.may bE! denied WithoUt cause. 21), tIIQtfce:S; AlJi'roticesgivenorr~quiredunder this Contract shall be,deemed suffidetitifSeiit Pya methodthatprQ'ttides writtEmeYidenceofcfeliveryi indl1dinge-maiLand facsiiillletransmission ariddeliliered to CONTR.AGTOR ot~ls~~s.igniiltE!d contact person. Return of mail, sent to the address ccjntaihed herein f()rt~E! parties ortheif contact persons, as ilotde!.iverableQr for failure to dailT) the .mail shall be de~med received .onthe date fhattheinail· iHeturned to sender. IN WiTNESS WHEREOF, the parties, haveexetuted this Contraction or before the date first abpve written,withfull ~nowledge of itscontentandsjgnifitahceand intending to be legally. bound by tne terms hereof. Witnessed: 5'1: __________ _ ATTESTEO: By: _______ _ Marla Menendez CityE:lerk Reada.nd ApprQved a~ toFClrm, language, legality and Execution Thereof. By: _______ _ CiW AttClrney 51 [Individual or entity's name] By:. _______ _ ln~me of$igO<.ltoryJ CITYQFSOUTH MIAMI By: ________ ~ Steven Alel;(ander Cjty fv1Clnager iNVENTORY AND VALUATION SERVICES RFP #FN2017-07· Attachment A to Contract CONTRACTOR'S PROPOSAL OR QUOTE 52 ...................... -OUFF&PHELPS ... - Valuation and Corporate Finance Advisors Attachment A to Contract,.... Contractors Proposal/Quote/Scope of Services Nature of Service The purpose of our work will be to develop a comprehensive report covering the fixed qssets of The City of South Miami (the "City") far assistance in complying with the reporting requirements of Governmental Accounting Stcmdards Board's (GA$B) Statement No. 34, develop an inventory for property control purposes and d~velbP accurate property insurance values over a 5~year period. Project Inclusions The fixed assets to be included in this engagement are located ih various City~ownedfacility sites and structures, as reporteq by tf1~ City. Th!3 facilities include Capital AS$ets Which comprise typical municipal occupancies (a:dministration, education, police, fire. maintenance. parks. etc;) Also included are the City's infraWucture assetscori1pri$ed cif rQaqs, lightihg, signs, sjdeWl:\lks; bridges; traffic control devices, an<;l the storm water l11anagement.system. General assets included ill1he develb.pmentof the cQmprehensiv~fix~d asset model include: • BLJHdings at $50,000 and above • Land lniproVementsat$25.000 and above • Land &t $1 .and above • Infrastructure at$2g0iOOOandabove • Moveable Equipment at a capitalization threshold of $5,000 for GASB 34 purposes; inventory and barcode tag assetsat.$l,OOQ and above for property management and control • Intangible Assets at $25,000 anda.bove~ 3 years' life expectancy and above Project Exclusions Excluded from the services. provided by this proposal are: • Enterprise Funds • Assets BelbwtheCapftalization Thresholds • Leased Equipment -Operating • Assets in or at locations that are considered a~ not easily accessible or identified locations within the proposeil • Personal Property of Employees or Others • Vehicles • Supplies/Expendable Inventories • Historical Treasures When equipment is not easily accessible, we will consult with you to gather the information, or the assistance, needed to perform Duff & Phelps's inventory. Duff & Phelps I City of South Miami May 10, 2017 22 -----------0 &P ~-_ UFF., ,. HELPS Valuation and Corporate Finance Advisors If desired, libtarybooks, radios, computer software, fine arts and historical treasures, and licensed vehicles can al.so be incorporated into the record based on information supplied by the City. This information must be provided to Duff & Phelps during the initial field inspE3ction to be included in the reports. We will not inspect, tag or value any of the special assets identified by the City. Effective Date of the Appraisal The effective or "as of" date of the appraisal for a.ccounting purposes will be as 6f a current date on this project, unless otherwise advised by the City. For insurance purposes the. effective or "as of" d1:lte will be the last day of field work. Premises of Value The premises 6f value, as wef! as certain related valuation terms. are defined as follows: • • • • • • • • • Gost of Reproduction New (For Insurance PurposE3s Only) ~ The estimated amount required to repro'dUcea duplicate or a replica of the entire property atone time, in like kind anq materi~I$, in accordance with current market prices for materials; labbrj and manufac:;turedequiplllent; contractor.s' overhe.adand profif;and fees, but without provisipn for qVElrtim.e; RPI1US,esfQr Ii:lPQr, or premiulTtsfbr material brequipment CRN, as defihed,is synonymous with theinsuranGe~indu$try term "replacement cost new," Historical Cost -p~finedby Generally Accepted AccoLJnting Principle::; as the amount of ca:;?h, or its equivalent, p<li(:lt() <lcquire ~n asset. Estim.atecl Original o.ost -The estimated origihal cost of the property in ClcQprganGe With costs as oftheactualorestlrnatec:l date th.9 property was first constructed, originally inst~lIea, Qr purchased. Direct Costing -Additional research into the' historical cost documented as provided by the City in a readily available and useable format, in the City's property records for the original cbnstruction, improvements· and' betterments. NormalC6sting .,. Estimated cost based on the cost of reproduction newin(Jexed by a reciprocal factor of the price increase from the appraisal date t()theactual or estimated acquisition date. AcqlJisitiQn Delte -' Wh/?n readily available,we will use the actual acquisition date of the property. In theabsel1ce of reaqilyavailable information, the acquisition date will be estimated based upon Duff & Phelps's knowledge of the property type and its condition. Estimated Life -An estirnate will be made of the usefu[·life of each unit-controlled asset and each group~controlled ~sset. The matter of historical Ilfing practice .ysr§us estimCited actual lives will be discllssed durihgthe planning meeting and an acceptableapproa6h will be developed. Accumulated Depreciation -Will be based on the asset's cost; acqUisition date and the estimated useful life utilizing the straight-line basis of depreciation. Useful lives Will be based on information provided by the CitY or industry standards. Insurable Value (For Insurance Purposes Only) -Cost of reproduction new (replacement cost) as of the appraisal date will be used as.a basis for insurable'values for &11 controlled property. Valuation Approach bur analysis will consider the three basic approaches to value: income, market and cost. In accordance with the USPAP guidelines, all basic approaches tovalue will be con$idered; however, because the purpose of our investigation will be to express an opinion on the existence and the historical cost and accumulated depreciation of certain fixed assets for financial reporting purposes, it will be considered appropriate to rely solely on the cost approach. Duff & Phelps I City of South Miami May 10, 2017 23 ...................... -DUFF&PHELPS~--· Valuation and Corporate Finance Advisors Methodology Buildings For new buildings only, we will utilize a full"sc6pe, segre~ated c()stapproach including an inspection of each building with a cost of $50,000 and above to identify construction data that will be used in the valuation process. During inspection of the premises, we Will talc.ulate each building's area and Perimeter by measuring the structure or through an ana.lysis of the as~built blu~pririts or other verifiE;ld source; identify and record data of the major .construction c;omponents (type of structure, walls, roof, etc.) and type of construction; record number of stories. and occupancy; confirmation of addresses and zip codes for each location; record data of major service systems (electrical, plurnbing, security, elevators,. heating, ventilation, cooling, fire protection, etc.); photograph the building; and record theGPS coordinates and flood zone classifications~ The insurable value of each building.a.ndthe re.lat~d construction, occupancy, protection, and exposure. (COPE) data obtained during theinspectioh<WiII be reportedbn an iteniizedbasis for each structure apprai$ed. Machinery and Equipment AninventQry of new ma.chine:tyaflgeRllipm$nt,as ii:1eritiJieq by the City; Will include a physical inspection andbarcbdetagging withauhitc(lstlh ex¢~ss of $5;000 .. Floor planswill be r~ql1ired toa$$i$Ohe inVentory feam in assuring that no .areas are missed. Assets less than $5;000 Will be excluded. It is importantt() note that we will not be periorminga detailed reconciliationtothe City's existing fixed asset ledger. Land hnprovements For new land improvements only identified by the City, We will cond.uct (in inv~ntory of site/land improvements and miscellaneousstruclures at $25,000 and ab6V~. Pertinehtdata rega.rdingassetl;l in these categories, i.e. pavil'lg, lighting, fenCing; parking lotsjsidewalks j signs, flagpoles, curbs, retaining walls, etc. will be recorded t~ permit assignment of value. Land Lc:tnd will be included based on the data provided to us by the City. A$a PEtrt of this enga.gement, we will conduct a. cursory review of the data. If the data is notavailable; oJsufficieilt, for an additionalfeeof$125 per parcel, Duff & Phelps will research the City records t()identify the City's owned lancfassets. Itl gathering this gata, we will: • Research the City Assessor's databases and files to identify land owned by the City; • Utilize data gathered from the CityAssessor!s.office to research deed information; • Compile a data report indicating, as available, the following items: • Parcel Number • Date of Sale • Parcel Size • Estimated Acquisition Price • Street Address when available Duff & Phelps I City of Soulh Miami May 10, 2017 24 -----------DUFF&PHELPS~- Valuation and Corporate Finance Advisors Upon completion of the identification process we will meet with you and your external auditors to discuss Duff & Phelps's findings. At that time, we will be prepared to discuss the materiality of developing the historical costs for parcels for which acquisition costs were unavailable. Infrastructure and Related Rights-af-Way Duff & Phelps Will include infrastructure assets ~t $250,000 and above in the GASS 34 report. We will rely on the City to provide deta.iled information as follows: • AssetClasses (roads, bridges, sidewalks. easements/ROW, traffic control, storm water, etc.) • Quantitatfve(lane miles, square f~et, etc,) • Oescriptiqn of the Asset • Lo.catioriallnformation • Historical Cost • Deteot Acquisition IhtahgibleAssets Duff &. Ph~lps will include, as Glient~$Upplied information, intangible assets $25,000 and above with a 3- year life expectancy Responsibilities The City'sR.fi]sponsibilities • Confirm the list .()f. all property to be. included in the assignment,albng with physical I()cation/street address,an-site property contact I department liaisonj and telephone number. • Iqeti'tifya repres~ntative of the City to serve. :3.$ the primalY on-s.ite yontact and liaison between the City ahd butf & Phelps. ' • ProvidE:! copi~sofany prior fixed asset li$t.it')gs .• in ha~d copy and electronic media. • Provide .cpmpleteand open access to all designated areas including security escorts for security- s.$risiti\iear~as. . Duff & Pheips'sResponsibilities • Develop a project work plan prior to commencement of our field investigations. • Conduct an inventbryof the as.sets, collecting tne following data elements: • Asset Location • Building Identification • Oeparirnent Number • Asset Number • Asset Account Code • Asset Classifici';ltion Code • Function Code • Quantity • Asset Description Duff & Phelps I City of South Miami May 10. 2017 25 ...................... -OUFF&PHELPS~--- Valuation and COfporate Finance Advisors • Prepare final reports. • Provide status reports as to our progress, 01' challenges, incurred throughout the study from start to delivery. Deliverables The City will receive one full bound report, as well as a . PDF file and an elactronic; file in E.xcel format for City auditors. Summary Appraisal Report -Duff & Phelps will provide the City with a Summary Appraisal Report, in accordance with the reporting requirements set forth by the Uniform Standards of ProfessiqnalAppraisal P·ractice ("USPAP").The report will present 6illysummary diScussions oHlle data, reasoning, ang Clnaly~es used In the appraisal process to develop Duff & Phelps's opinion of value. Supporting documentation cOrlcerningthe d~ti'i, reasoning, and analyses Will be retained asa part of the work paper!:i. Dl!ff & Phelps is not responsible for unauthorized use ofits report. Fixed Asset Accounting SUmmary Report -The standard Fixed Asset Acqounting $ummary Report displ?ysdescriptiori of fields being sUiTIniarizetl, originafcost,8ccumulateddepreciaJibn, netpook value, Clnnl.,la:1 deptecia:tioniprojected provision, byactdunt. Fpc¢d Ass~t Accounting Ledger R~jJort -The Fixed Asset.AccQunting Ledg~r Repqrt will incluqe all capital Msets With a uriifcbst ill excess of the City's capitalization threshold of$5,QOOandtherelated historicai cbstlestimatedbriginal cost; accUmUla:teddepreciation, and currentdepreci&tiQndCl.ta for financial r~porting purposes. This ihformation will be sorted and reported uponbyaccol.ll1t Fix~d A!?setAdditions Report -The Fixed Asset Additions RepOrt wi\linclude mQv.eClbl~ eqtJlpment assets hwentoriedaiid bar code tagged during field work, but not contained in the City'S existing records, Duff & Phelps assumes, these items represent moveable equipment aSSe:ts that were PLJYchasedsince the last phy~ical inventory. Fixed Asset Retirements Report -The Fixed ASset Retirements R!i'!port will include moveable equipment assets co ritai ned in the City's existing records, but noUOlmd during the field work. Duff & phelps assumes these items represent moveable equiprhenta:ssets that Were retired since the las.t physical inventory. However, it should be noted that the items in the Unrecorded Retirements Report cQuld also be irwluded in the Unrecorded Additions Report if their bar code tag has been removed since the last POY!:iiccii inventory. It shquld be notedthelt the scope of Duff & Phelpsis engag~ment d09$ nqt i.h.clude arw reconOiliaticin propedures. Pr~p~rty Insurance -Statement of Insurable Values -The st(;lrid(;lrd Property Insurance;. Statement of Insurable Values Report displays description offieJds being $umniari;zed, a:hdoost of reproduction new, Timing Upon receipt of YQur signed authorization, Duff & Phelps will work clqsely with tl1e City to establish project start, field work and report delivery schedules to meet your reporting requirements. It is Qur understanding that the start date should be no later than November 1st of each fiscal year and that the final teport be issued no later-than December 15th of e(;lch fiscal year. Duff & Phelps I City of South Miami May 10, 2017 26 INVENTORY AND VALUATION SERVICES RFP #FN20 17-07 Attachment B To Contract SCOPE OF SERVICES 53 INSURANCE & INDEMNIFICATION REQUIREMENTS Attachrnent C To Contr~ct INVENTORY AND VALUATiON SERVICES RFP #FN2CJ 17'-07 Insurance ReqlJirem~nts Without limiting its liability. the contractor, consultant or consulting firm (hereihafterreferred to as "FIRM" with regard to Insurance and Indemnificcttiol1r~quirements)shall be required to procure and maintain at its oWn expense during the life bfthe Contract, insurance of th~types and in the minimum amountS stated below as will protect the FIR.M. from claims which may arise 9ut of or res.ult from the c;ontl(!:ct or the performance of the. contract with the City of South Miami, whether such clalmis_a.gainst the FIRM or any sub-c;ontractor; or by anyone directly or indirectly employed. by any of them. or by anyone for whose acts any of them may be liable. No insurance required by the CITY ,shallbe'isSLiedoi" Written byaslitplus lihescarrier unless authprized in writing by the CrTYand~uchauthQrization'shali 6,eat 1;h~ CITY's sole and absolute disctetion. The.FIRMshaU pUrchase im~uran¢e.ff()mand·sh~n. maih~intheih~l,Iranc:e with a company otcompanies lawfullyauthorizedtoSeU in.suranCe in the.StateQfj=IQrida~ol} forms approved py the,St,ateofFlorida,3.$ Will pr9tect thE! FIRM, at, ~-miniml,llft. frg'm ~1I¢lalms ass~tfor;:h bei()w whic::h may arise out of or resultfromtheFIRMisoperations under the Contract and for which the FIRM may belegaJlyliable.whethersu",boperatlollsbe~yt:he FIRM or bya SU,bcontractor or by anyone direttly or>iridirectly emplQye~ by Ci:i1yofthE!l'Il. or by anyone for whose acts al"ly ofthem may be liable: (a) Cla:ims under workers' compensation. disability benefit and other sImilar employee benefit 'aciswhich are ~pplical>le to theWbrk;to beper{ormed; (b) claims for damages beca~$e of bodily irijl,lryi o(:c;l,Ipatiooal sicknes~ or disease. or death of the FIRM's employees; (c) claims fOr" damages because pfb()clily injury, sickness or disease, C)r death ofany perspnqther than the FIRM's employees;' (~) .chUms for damages insured by usual personal injury liabilitY coverage; (e) claimS-f¢t damages. other than to the Work itSelf. because of injury to ,or destruction of tangjble property. including loss of use resulting there from; (f) daimsfor datnag¢sbecause ofbodilyinjlJryi death of a persol1or property damage arising out a/ownership; maintenance or use of a motor vehicle; (g)daims for bodily injury or property damage, arising out of completed ()peratic)ns; and (h)' claims involving contractual liability insurance applicable to the FIR,M's obliga.tions under the ContrCict Fitm'sinslirance. Generally. The FIRM shall provide and maintain in force andeffec;tuntjl all the Work to. be performed under this Contract has been completed and accepted by CITY «)r for such duration as is otherwise speCified hereinafter). the insurance coverage written on Florida approved forms and as set forth below: Workers' Compensation insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida including Chapter 440. Florida Statutes, as pres,ently written or hereafter amended1 and all applicable federal laws. In addition, the policy (ies) must include: Employers' Liability at the statutory coverage amount. The FIRM shall further insure that all of its Subcontractors maintain appropriate levels of Worker's Compensation Insurance. 54 Commercial Comprehensive General Liability insurance with broad form endorsement, as well as automobile liability, compieted operations and products liability, contractual liability, severability of interest withc:ros$ 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 Injuryi. $I,OOO.()QO; • M.ed'ical Insurance: $5,000 per person; • Property Damage: $500,000 each occurrence; Umbrell~ Commercial Comprehensive General Liability insurance shall be Written on a Florida approved form with the sarnecoverage as the primary insurance policy but in the amount of$I,OOO,OO() per claim and $2,O()OjQOOAnnual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General liabilitY policy, WithOl,Jtrestrictive endorsements, as filed by the Insurance Services Office, and must include: (a). Premises and, Operation (b) I ndependent. Colitra:ctQr~ (e) Products'ahd/or Completed 'Operations Piazard (~),EScpJosron,ColJapse and o ndergro,U I')d Hazard Coverage (~) Bro<tdForm Pro.petty Damage -- (f) ~roadF()ro" .¢Qnt~c~lIal~9Verage ~pplic~ble to this spetificCOhtratt, indudil1ga.ny hold harrnlessandlorindemnifl.cationagreement. (g) PersonallnjuryCoveragewitl1 Employee and Contractual EXclusions removed, with roinirYIIJin limits ofcQyerageequCllto those' required for Bodily Injury Liability and Property Damage Liability~ ". . . . . Business AutCirriQbile Lijbility with minimum . limits of Onl! l'1i iii gn Dollars ($1,000,000.00) plusanadditiol1al One Million Dollar ($1,000,000.00) umbrella per pccurrence combined single limit for Bodily Injury Liability and Propei1¥ Damage liability. Umbrella coverage mllst beafforc:ied on a.Jormlio mor~ r~$tric;:tivethan the latest editlonof the Business Automobile Liability policy, without restrictive endor$emen~, as. filed by with thl! state of Florida, and ml,lst include: (a) Owned VehicJes. (b) Hired and Non-Owned Vehicles (c) Employers' Non-Ownership Subcorit;ract$: The FIRM agrees that if any part of the Work under theContrnct is sublet, the $ubac;mtract shall (:o.ritain the s.ame.insurance provisiQnas reqlJired by the General Contractor. other than the Fite. and EXtended Coverage Insurall,ce and substituting the word Sullcontractor for the word FIRM and substitutirigthe word FIRM for CITY whl!re applicable. Fire and Extended Coverage Insurance (Builders' Risk), IF APPLICABLE: In the event that this contract involves the construction of a structure, the CONTRACTOR shall maintain, With an Insurance Company or Insurance Companies acceptable to the CITY, . "Broad" form/All Risk Insurance on buildings and structures, inc!udingVandalism & Malicious Mischief coverage, while in the course of construction, including foundations, additions, attachments and all permanent fixtures belongingto and constituting apart of said buildings or structures. The policy or poliCies shall also cover machinery, if the cost of mac:hinery is included in the Contract, Or if the machinery is located in a building that is being renovated by 55 reason of this contract. The amoont 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 C:ITY and the CONTRACTOR. as their interest may appear, and shall also cover the 'nteres~s of all Subcontractors performing Work. All Qhheprovisionsset forth in the Miscellaneous section below shall apply to this coverage unless it would be clearly not applica.ble. Miscella.neci~s: A. Ifany notice of cancellation of insurance or change in coverage is .issued by the insurance cc:unpaoyor shQuld a.ny insurance have ail expiration date that will occur during the period afthis contract,. the FIRM shall be responsible for securing other acceptable insUran¢e prior to suchcanceUaijoni change; or expiration so as tc) provide Gontlnuouseoverage as spedfiedinthlssecitioh and so as to maintain coverage during the life. Qfthis C~:)f:Itract. . . B. All :dMuGtibles: mustpe dedar-edby the flf\M ~nd must be approved by the CITY. At the option ofthe CITY, either'the FIRM :shall eUmina.teor reduce s.uch deductible or the FIRM .$hall . pr<"cure a Bonti • .in 3.'forM: satisfaq:oryto th¢ CITY' C;:Qveringijle: same. C. The p()li~j¢~ ,sb~ll c<)n1:aih waiv~r of.~lJl:;r<?gatlon~gainst CITY where. applicable, shaH expressly . provide that such p'oltcyor'PQlictesareprimClry over any other collectible ihsura.hce that CITYmayha:ve. TheCITYres~i:IV~s th~ righta,t any til11etQ r¢quest~ copy oftherequired policies fOr revieW~ All policies .. shall contain a "severability of intere$t;; Qriicross lia:bility'~ ciaLJsewitnoutobligation for premium p~Yll1ent ohlle CITYa:s w~lIas ~ontractualliability ptoyisl<m ciQvering the Gontractorsduty to indemnilt the City as prOVided in thisAgre~ment. D. Bfa.for~s~rting the Work. the FIRM sb~n del,iver tc) the CITY and CONSULTANT certi(icatE!sofsu¢h insuraiJce.,acc:ep~bleto the .CITY,a,s well as,the insurance binder, if ort.e is issued, theinsuranc:e policy, indudiog,t;he declaration pagea.ndall applic:~ble endorsernents and provide the rtame,addi"C!s$a.n.dtelephone number of the insurance a:geOt orbrQker through whom the policy Was obtained. Theihsurer shall be rated AVII or better per A.M. Best's Key R:ating(;\Jidei latest edition and authorized to issue inSLJrah<=e in the S1lite of Florida. All insuranc:epolicies must bewritt:enQfl forrns approved by the State of Florida andtheyrl1ust remainin full force and effectf6r the duratiQnQfthl'!ccmtract period widl the CITY. The FIRM maY be required by the CITY,a,t its sole discretion, topro,vige a'ieei"tified copy" ohhe Policy (as defined in Artlcle I ohhis document) which shaltin~lude the declaratjc:)O page and all required endorsements. In additiQn. the FIRM shall deliver, at the time of delivery of the insurance c:e.ri:jficat~, the following endorsements: (I) Ii polity provision or an endorsement wJthsubstantially similar provisiQnsas . folloWs: "ThE! City of South Miami is an additional insured. The insurer shall pay all sums that the City of South Miarni becomes regally obligated· to pay as damages bec:auseof 'bodily injury", 'property damage\ or ,jpersonal and advertising injury" and it wm provide to the City all of the c:overage that is typically prOVided under thestanc!ard Florida approved forms for commercial general liability coverage A and coverage B"; (2) a policy provision or an endorsement with substantially similar provisions as follows: 56 "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 tothe City." .E. If the FIRM is providing professional services, such as would be provided by an architect, engine~r, attorney, or accountant, to name a few, th~n in sllch evel'lt and in addition to the above. requlrements,the FIRM shall also provide ProfeSsional Liability Insurance 0.1'1 a Florida app.roved form in the amount of $1 ,000;ddo with deductible per claim if any, not to' exceed 5% of the limit of lia.bility·providing for all ,sums which the FIRM shall become legally obligated·to pa.y a.sdamages'fotclairns arisingout.ofthe services or work performed by the FlRM . its agen1:$, represent;atives, Sub Contractors or assigns, or by ant personempl6yed orreta.in~d by him in conne~tJQh with this Agreement This insurance .shall be maintaitiedforfouryears after cOlllpleti'On of the ccm~truction am:! accep~nce of a nyc Proj~ct . covered ~ythis Agreement Hpwe'ler, the FI RM may purcha.seSPeciflc Prqjecl; Professie;,nal Liability Insuranc¢,in the. am6linfand under the terms.spedfiedabove,.wbichis a.lspa(:~~ptahle. No jn~ura.nc~shall be issu~d bya surplus lines carrier unlessa.uthori:Z:l=!eI hi writii:lg l>yt!1e city at th~ citY'ssple, absolute and unfettered discretion. Indemrtifi~ation Req~dr.erri~nt A. The CQntractor accepts and voluntarilyincursa.UtiskS ofanyinjuriesjc:lamages, or harm which might ariSe dQrIng the work or event1;h~tis QcclJrring Qnthe CITY's property diJe to the negligence Qr other fault of the' Contractor Qr anyone acting through or on. behalf of the CO.ntractor. . . B. The Contractor $hall indemnify, defend, save andh6ldCITY, its officers, affiliates, ernplpyees,successorsanelassJgns, harmless frornany Clnd all. damages,c.:laims; liability, losses, claims, demands, suits; ·fines, judgments O.r CQstaild expenses, inelodiilgr~(lSonable attdrney's fees, paralegalfees.a.nd investigative costsintidental thereto. a.hdincurred prior to, during or following any litigation, mediatiQn,arbitrati()n Clnd at all appellate levels, Which may be suffered by, or accrued. against, charged to Qr recoverable frqm the City of South Miami,its Qfficers; affiliates, employees, successors and assigns, by reason Qfany causes'o/actions or daim· of any kind Qr nature, induding daims fQr injury to, or death ofClny person orpersol1s and. for the loss Qr dam(lge to ai:lypropertyarisil'lg out. of ~ negligenterrorjQmission, misconduct; or any gross negligence, intentional act or harmful. conduct Qf the ContractQr. Its contractor/subcontractor or any of their officers, directors. agen:ts, represent:atives, etnployees, Or' assigns,.oranyone acting through or on behalf of any of them, arising oiJt ofthis Agreement; incident to it, or resulting from the performance or nQn-performance of the COl)tractQr'sobligations under this AGREEMENT. C. The ContractQr shall paya:1I claims, IQssesand expenses of any kind or nature whatsoever, in connection therewith, induding the expense or loss of the CITY and/or its affected Qfficers, affiliates, emplQyees, sl.Iccessors 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 errQr, omissiQn, or act ofthe Contractor, its Sub-Contractor or any of their agents, representatives, employees, or assigns, and/Qr arising out Qf, or inddent to', this Agreement, or 57 Incident to or resulting from the performance or non*performance of the Contractor's obligations under this AGREEMENT. D. The Contractor agrees and recognizes that neither the CITY nor its officers, affiliates, empl9yeas, succe.s.sors 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 omissionsofthe Contractor, its contractor/subcontractor C)!" artyohheir agents, repre~entatives,employees, or assigns. or anyone acting through or on behalf of tile them,and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing, approving or reje<;:tinga .... y submissions or acts of the Contractor, CITY in rio way assumes or-shares' responsibility or liability for the acts or omissions of the Contractor; . its contractor/suhcontra.ctor or any of their agents, representatives, employees, or assigns, or anYone actiogthroughor onbehalfoftllern. E. The ContractOr has the, duty' to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not.beunreasonably withheld. ~. Howeverjasto design professional contracts, and pqrsuantto Section 725.08 (i), Florida Statutes, nOile ohhe. provisions set forth hereinabove that are in q:mfli¢ with this ' sl,li>paragrClph $hall,~pply ~Uld thi~ s,ubparagraph shall'set f(:)J"ththj! sole responsibility althe design ptQfessional~Qn.c:etfli~g'lrtd~mi1ification. Thus, the design professionalis obligations as to the City anditsag~rJ(:,lesf aSLwcaU. as"t() it$ Qfficers and· ~mpIQyees, i.s t9ind~mnify~nd hold them h(irnile.ssftom liabHitiesid~Oiages, losses, and c()sts,indudingi but not limited to, re,a~on~ble attorneys' fees, to the eXterl'f caused by the negligence, recklessness, or intentionally wrongful cOl'lduc:t oHhe acasign professional and . oth~r p~ts6ns employed or utilized' by the desigl1 prdf~ssionaJinthca performa,nc:e of thE! COl'ltrllc:t. ,. END OF SECTION 58 ........................ DUFF&PHELPS~ .. Valuation and Corporate Finance Advisors Exhibit 8 -City of South Miami Bid Protest Procedures Duff & Phelps I City of South Miami May 10, 2017 27 EXHIBIT #8 INVENTORY AND VALUATION SERVICES RFP#FNIDI7-D.7 City of South Miami Bid Protest Procedures RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (fORMAL PROCEDURE) The fol.lowing procedures shall be used for resolution of protested solic;:itations and awards. The word "bid", as well as all of its derivations, shall mean a response to a solicitation, including .requests for proposals, reques1:$ for a letter of interest and requests for qualifications. (a) Notice of Ihtl=!r1t To Protest. Anyac~lJal or prosp.ective 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 notiteofintentt6 file aprote$t with theCityCler:I<'s office Within three c~lendar' days priqr to the date set for op.enltlg of bids. A notice of, Intent' to fiJe·a protestis considered flied when received by the City GI¢rk's9fficeby~ .. mailor,. ifhiind deliv¢t.ed, when stamped wi~h the City Clerk's r~ceiJ>t :stamp containing the dafe and time of tecEHpt ofa notice of intent to file a pr(jtest~ Any actLJ;d responsive and re~ponsible bidder who, perc~lves Itself to be ~ggrif!ved in cClnnectJqn Witbth~ recommendljlcLaward <)faaoh.tr3.ct and who Wishestq protest the award, shall file aWr'itteliJiotice of inter'lt.tofile a protest With the City Clerk's office within threeta.lendar days after the . City Oommission meeting at which the r¢qQmrnend~tic:m is t()l'lsJdf!redfora:c:tion .. A I1dti~e'6fintentt() file a protest i~ considered filed when received. by the CityClerk'soffic:e bye-mail or, jfhanddelivered, when stamped With the City Clerk's receipt stamp containingctliedate and time of receipt. (b) pro.te.st of sQIi(:i~tioli. A p .. otestofthesoIiCi~~ipnoraward ml,Jstbe inwritiog ("Protest Letter;;) and Submitted to the City Clerk's. office within five. calendar days ahElr the date of the filing Qf thenot:i.t:e of inteJltto file a pra.test. The Protest Letter is considered filed when the. Protest Letter andthe required filing fee of$1 ,000 are. both timely received by the City Clerk's office. In order for the Protest letter and filing fee to· be considered timely delivered by hand delivery, the date.sta.mp~ 6ftheCJerk's office must; appear on the original Protest Letterar'ld/or a copy of the Protest Letter and the date stamp must also appea.r onacQPY of the check issued for· the paym~nf of the fHing fee, or, if payment is made in cash. a receipt i1)u.st be issued by tit¢ ClerWsoffice reflecting the date of receipt of the payment WhUethe Clerk may accept the Protest Letter by email, the Protest L~¢er shall not be considered to bf! timely received until and unless the required filing fee of $I,OPO is received by the City Clerk's office and, if payment is in cash, a receipt is issued with the date of the receipt of payment, or if payment is by check, a copy of the check is stamped by the Clerk Witlithe. date stamp of the Clerk's office showing the date of rec:eipt. TheProte~t Letter s_hall state with particularity the specific facts and law upon which the protest is based, it shall describe and attach all pertinE!nt 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, c!ocumentation, 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. 59 (c) Computation of time. No time will be added to the above time limits for service by mail. The last day ofthe 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 prot~stmay not challenge the relative weight Qfthe evalUation criteria or any formula used for assigning points in making an aWard determination, nor shall it challenge the City'sdetetmination of what is in the City's best interest which is one ,of the criteria for selecting a bidder whosebffermay net be the lowest bid price. (e) Authority to resplve protests. The Purchasing M<ln~ger,after consultitionwith the City AttorneYishal1 issue a written recommendation within ten calendar days after receipt of a valid. Protest Letter.Sa.id recomtnendationsliall b.eselit to the. City Manager With a copy sent to the protesting party. Th~ City Manager may then, submit arecorTlmendation to the City Commission for approval or djs~pprovarQf the protest, resolve the protest withoiJts~bri1ission to, the Ctty Con:unissioh;ot rej~ct:'all propos!l,ls. (I) Stay ofprOcutement duringpfotests. Upon. reteipt>6f'atimely,proper and valid Protest Lett:erfiled pursyanU.o theF~quiremen~,of this section,theGjiy shaUnotprqceed further with thesolJcitatiOn or with tbe> award ~rex~_~i.ltj(:mQfth~cQI'it~g~ntiJ ttlc:! protest is resolved by the Cli1;y Managcar or the CitY COO1mlssion'aspr;c;MCled in subsection fe} cibove, unle~s·theCity Manag¢r makes~ Wrl¢el'l'c;let:er.iliniltion'th~tth:e50Ii~it:atiQnprocess Qr thecQntra~t ciward mu~t be continued iWithout delay in order to avoid potential narm to the health, safety. or welf'areof the public QftQ prQtect$ul:>s~l1tialil1terests()fthe City or to prevent yoLith athl~tic teallisfrom ef(ec;tively llIissinga playing season. END OF DOCUMENT 60 RFP Title: RFP No.: Evaluation Scoring Sheet INVENTORY AND VALUATION SERVICES FN2017~07 Procurement Division ~ 6130 Sunset Drive South Miami, Florida 33143 (305)· 663-6339 www.southmiamifl.gbv DIRECTIONS: Please score each firm, for each specific criteria provided; Scorihg is basedoneathcriteria listed belowwithamaximurnscore {or each criteria. , The ,total ,score for each • proposer is calCulated by adding each criteria,for,atbtal'scoreby proposer." The, maximum,scorl! total Score J()r'eachpropolseris, rOO points. . --," '-'.' " .'~,~. '" ,".-, ". ,. , -" . . ; --. ," '.' --;, _' --, :' . :" __ " _, ' -:, • ",' i ,',' ., .-',' -" -" '.:' .,~ "-':" . _ . ."', ," -,'. ,", " . ,. <"", ' ',' \'\ . I. 2. d-O 3. tD 4. Page 1 of 1 RFP Title: RFP No.: Evaluation Scoring Sheet INVENTORY AND VALUATION SERVICES FN2017-07 Procurement Division 6130 Sunset Drive South Miami,Flori~:lJ~J43 (30&) ·6~3i.~339 www~southmiamifLgbv DIRECTIONS: PI~~se sto~e each firm, for each specific criteria pr'ovidedoScoringisbasedonea.C:hCriterialisted below with a maximum score for each. criteria ..• ' The total score (or :eachproposer. is . calculat~clbyadding ea.ch. criteria. for. a ~ot~l. score by proposer. The· !Daximumscoretot~l.scoreJor;e~c~'propo~~'ris;I'OO;points. , ' ,-' . . -' . . ,,'. , . -' . ,. , :::. ' ~ <": ,_~'.-; , '. '.'" " . '.! ,;". : .. ,: -: -.: :.', ,. ~ -I, _,' ". I. pe~sol1lJ~lij, .. udihgkey persohnelof any s~bco.l1tt~j:it9rs, that will be assigned to this 2. prOj~ct;,~,ri~'¢~perience and qualifications of slJbcontrac,tors: Page 1 of 1 RFP Title: RFPNo.: Evaluation Scoring Sheet INVENTORY AND VALUATION SERVICES FN2017"07 Procurement Division 6130 Sunset Drive South Miami. Florida 33143 . (30S)663~63~9 www.southmiamifl.gov DIRECTION$:Please score each firm. for each specific criteria provided. Scoring is based on each ctiteria ilisted below. with. a maximum score' for, each criteria .. The total score for each . proposer is. calc:ulatedbY,iCiddingeach criteria for a total score by .proposer.· The maximum score,totalscore for each, proposerjsJOO:Roihts~ , ---' ". --, ',' ...' . , . . . " '," , .-", . ': --', ',--'. " ---< -, ~ ,", . -.' : ~I '._: " , --', ,j, -,-',', -------------'c ---t---;;)'-:--:-;:~---,-I' , I 1 ,-r \' 1)1 (' , , L 2. 3. 4. r ~ I \ ( • I II J, I ~ _ 1.0-_ ~ _______ ~ _ _ ___ • __ I .1' ---.:__ _. I , keypetsorinel Qfany . $lJbc()ntractofs.' . . . will beassigneato. this pr9je~t,an(Je><peliience and qualifications of subc"i1trcac:;t()rs: . KeSDcmd~.1 rlts . evelopment time frame. opel1l,tiOrl plan; nllmber of qualified staff to be assigned. to the projed:: Page 1 of 1 ... 'S .... ~.::'~ ". L..;.J . ,,-;. '. 1 0 (Signature) /0 Date: MIAMI DAILY BUSINESS REVIEW Published Daily excepl Salurday. Sunday and Legal Holidays Miami, Miami-Dade Counly. Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared OC"lE\'W!/>' \f _ FERBEYRE, who on oath says that he or she is the VICE PRESIDENT, Legal Notices of the Miami Daily Business Review llkla .fVliami 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 maHer of CITY OF SOUTH MIAMI-INVENTORY AND VALUATION SERVICES -RFP #FN2017-07 -MAY 10, 2017 in the XXXX Court, was published in said newspaper in the issues of 04/13/2017 Affiant further says ttiat the said Miami Daily Business Review is a newspaper published al Miami, in said Miami-Dade County, Florida and that Ihe said newspaper has heretofore been continuously published in said Miami -Clade County, Florida each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matier 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 advertise!l1enl; 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 the purpose of securing this advertisement for Member Name Bid Number Bid Name 2 Document(s) found for this bid 7 Planholder(s) found. 343 Notified Supplier Name Advanced Starlight International Crowe Horwath LLP Link Systems LLC Marshall Appraisals, Inc. MG Contracting & Sons inc. Volaris Wool pert, Inc. City of South Miami RFP-RFP #FN2017-07-0- 2017/SK INVENTORY AND VALUATION SERVICES Address i 511 W Cordova Rd 1 Mid America Plaza 5870 Hummingbird Court 22 Elm Gray Road City State Zip Phone Attributes New Mexico NM 87501 5052226545 Oak Brook Terrace IL 60181 6307062057 1. Small Titusville FL 32780 4074010031 Business AB Torrance CA 90503 3234702122 AB AB 8/1/2017 Detail by Entity Name Department of State 1 Division of Corporations 1 Search Records 1 Detail By Document Number 1 Detail by Entity Name Foreign Limited Liability Company DUFF & PHELPS, LLC Filing Information Document Number FEI/EIN Number Date Filed State Status Last Event CHG Event Date Filed Event Effective Date Principal Address 55 EAST 52ND STREET Floor 31 NEW YORK, NY 10055 Changed: 03/16/2016 Mailing Address 55 EAST 52ND STREET Floor 31 NEW YORK, NY 10055 Changed: 03116/2016 M08000004212 36-4090666 09/16/2008 DE ACTIVE LC STMNT OF RAlRO 01/12/2015 NONE Registered Agent Name & Address CORPORATE CREATION NETWORK, INC. 11380 PROSPERITY FARMS ROAD #221E PLANTATION, FL 33410 Name Changed: 01/12/2015 Address Changed: 01/12/2015 Authorized Person(s) Detail Name & Address Title MEMBER DIVISION OF CORPORATIONS http://search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirylype=EntityName&directionType=lnitial&searchNameOrder=DUFFPHEL...1/2 8/1/2017 DUFF & PHELPS ACQUISITIONS, LLC 55 EAST 52ND STREET Floor 31 NEW YORK, NY 10055 Title MEMBER DUFF & PHELPS EQUITY, LLC 55 EAST 52ND STREET Floor 31 NEW YORK, NY 10055 Annual Reports Report Year 2015 2016 2017 Document Images Filed Date 04/30/2015 03/16/2016 04/17/2017 Detail by Entity Name 04/17/2017 --ANNUAL REPORT LI __ Vi_ew_im_a....:g_e_in_p_D_F_f_or_m_a_t _--II 03/16/2016 --ANNUAL REPORTVi~~i~;;g~i~PDFf~;:-~~t I :::::-:::-::=====""==-" __ =""""=::c_."""::::-:-c"_" =-::-C~"I 04/30/2015 --ANNUAL REPORT . View image in PDF format . 01/12/2015 --CORLCRACHG :--:'--'--"--:Vi::-:-ew--:--:im=-a-=g-=-e"-in'""p'-D"'F=f"""or"'m=a::-t -""'-"'-1 04/30/2014 --ANNUAL REPORT View image in PDF formal-" I 04/25/2013 --ANNUAL REPORT . ·"Vi~\V-i~~ge-in PDF f~~;;'~t -I 04/19/2012 --ANNUAL REPORT View image in PDF fo-r~~I--" I 03/22/2011 --ANNUAL REPORT View image in PDF formal " I 02/16/2010 --ANNUAL REPORT View image in PDF formal I 07/20/2009 --Reg. Agent Change View image in PDF formal -I 04/30/2009 --ANNUAL REPORT View image in PDF formal I ------''------ 09/16/2008 --Foreign Limited View image in PDF formal . I Florida Department of State, Division of Corporations http://search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder=DUFFPHEL... 2/2 2017 FOREIGN LIMITED LIABILITY COMPANY ANNUAL REPORT DOCUMENT# M08000004212 Entity Name: DUFF & PHELPS, LLC Current Principal Place of,Business: 55 EAST 52ND STREET FLOOR 31 NEW YORK, NY 10055 Current Mailing Address: 55 EAST 52ND STREET FLOOR 31 NEW YORK, NY 10055 US FEI Number: 36-4090666 Name and Address of Current Registered Agent: CORPORATE CREATION NETWORK, INC. 11380 PROSPERITY FARMS ROAD #221 E PLANTATION, FL 33410 US FILED Apr 17, 2017 Secretary of State CC7934030461 Certificate of Status Desired: No The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida, SIGNATURE: Electronic Signature of Registered Agent Authorized Person(s) Detail : Title Name Address MEMBER DUFF & PHELPS ACQUISITIONS, LLC 55 EAST 52ND STREET FLOOR 31 City-State-Zip: NEW YORK NY 10055 Title Name Address MEMBER DUFF & PHELPS EQUITY, LLC 55 EAST 52ND STREET FLOOR 31 City-State-Zip: NEW YORK NY 10055 Date I hereby certify that the Information indicated on this report or supplemental report Is true and accurate and that my electronic Signature shall have the same legal effect as if made under oath; that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605. Florida Statutes; and that my name appears above, o~ on an attachment with all other like empowered. SIGNATURE: ANGELA MARTIN, ATTORNEY-IN-FACT Electronic Signature of Signing Authorized Person(s) Detail ANGELA MARTIN, ATTORNEY-IN-FACT 04/17/2017 Date 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 f/k/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-AUG. 15,2017 in the XXXX Court, was published in said newspaper in the issues of 08/04/2017 Affiant further 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 been 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 securing this advertisement for (SEAL) MARIA MESA personally known to me CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARtNG NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday, August 15, 2017, beginning at 7:00 p,m., in the City Commission Chambers, 6130 Sunset Drive, to. consider the following item(s): . A Resolution authorizing the City Manager to enter into a multi-year agreement with Duff & Phelps, LLC for inventory and valuation services of City assets for a total amount of $31 ,000 over the 5-year contract term, ALL interested parties are invited to attend and will be heard, For further information, please contact the City Clerk's Office at: 305-663-6340. . Maria M, Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City nereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. 8/4 . 17 c89/0000246949M Print: 11"x17" II Legal I ~ ZOSE I I NEIGHBORS The photo contest winners will receive a cash prize. while aU entries will be on display at Dade Heritage Trust's headquarters in Brickell, beginning in October. ." :>' ; .. : ·.·"r.'·"'.,.,",~"·,,"_ •.. ~_~ ,··.·.·.··'''.-I_"'r.'·,... .. ··· I CITY OF SOUTH MIAMI NOTICE OFFY 2017-18 PUBLIC BUDGET WORKSHOP , ~ :NOTICE is hereby given that' the City'! [commission of the City' of South Miami,~ florida will hold a Public Budget; ,. t ~Workshop for the FY 2017-18 Budget onl: :Monday, August 14, 2017 beginning at! ;,:00 AM., in the City Commissionr ;ChaDlbers, 6130 Sunset Drive. C , i'i\1I interested parties are invited to attend.:: .' ,. ""!Vraria M. Menendez, CMci City Clerk City of South MiaDli CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday, August 15,2017, beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): A Resolution authorizing the City Manager to enter into a mulli-yMl' agreement with Duff & Phelps, LLC fur inventory and valuation SClVices of City assets for a totallllIlounl of $31,000 over ~ 5-year oontract term. AU. interestod parties are invited to attend and will be beard. For further infonnalion, please coDlllct the City ClerIc's Office at: 305-ti6}-6340. Maria M. Menendez, CMC City Clerk PUIlmantl. florida S""utes 286.U105, IheCily hereby ndvlreslhe,public Ihntlfo pe .. oo_tQ"I'P""Ianyded~oomadebytblsBoart1,A8""'Ytll'COlMli .. ion with respecun 311)' 1113.lter conri4erCd at itl meeting urbear1ngl he or:'lbe will Deed • record of !be proceedioll', ,;;jd llI ... fu, sucb (lIl1]l<1<e, a1fecIOO _ may MOd to oosure that a \-emalim rec.ord oftbe prooecdlogs is madcwblcb recotd includes the testilllllll)' and evidence opon wl1lch the oppoaIls 10 be_d. Page 1 of 1 I SUNI),\ MIAMI' DADE HERITAGE TRUST Photocl helps tb • environ: too BYBBOOKE HENDERSON T lihmdmmt@itrimnihaal4.<.". A picture says a: thousand In fil won:ls and in this upcoming ar exhibit, Ihey're all about the d environment. or Dade Heritage Tnist, in Sf partnership with Million Trees Miami and RE TREEmendous Miami, is th having its first photo contest ex in an effort to mise aware- Vi ness about the dwindling number of trees in Miami-ce Dade County. ac "It's so crazy, Miami, a place where treeS grow year round, we have one of the lowest pereent of tree cano-co pies of any major U.s. city." ra executive director Chris Ruppsaid. lu The trust, Miami~Dade a' County's largest preserva-Ia: tion organization, began as a grassroots orgailization in DI 1972 to save and protect the $: county's historic buildings. er Today, its mission has ex-D. panded to preserve not only ql the coll1Q1unity's architectu-vi rat heritage, but the envi-12 ronmental and cultural, as c( well. iCl The contest and exhibit er bolh aim to raise awareness sIi about !he lack of tree cana-th py in Miami, partially 0 caused by rapid develop- ment and transportation th demands, she said. Tree hE canopies are essential for M providing shade and hab- itats for animals. The roots http://digital.olivesofiware.comiProjectsIETS/MiamiHerald/PrnPreview.asp? AppN ame= ET... 817/2017