Miami Remodeling ITQ PD2015-02CITY OF SOUTH MIAMI
r.- . INVITATION TO QUOTE
JlJL Ailamj ITQ#PD2015-02
n. 1mI1n n..w,I M LUMP SUM PROPOSAL
sumo— troTo: City Clerk
NAME: Maria Menendez, CMC
ADDRESS: 6130 Sunset Drive
CITY /STATE: Miami, Florida 33134
PHONE: 305- 663 -6339
MANDATORY PRE -QUOTE MEETING: Thursday, February S. 2015 at 10 AM
Quotes submitted after 10 AM on the due date will not be accepted unless otherwise specified in the quote document
of a time change. All quotes will be submitted to the City Clerks Office in a sealed envelope. The label on the on the
envelope needs to read as follows:
City of South Miami
Maria M. Menendez, CMC
6130 Sunset Drive
South Miami, Fl. 33143
Project Name: Police Department Communications Area Renovation
Must input project name. If label does not have all information above your quote will not be accepted.
INSURANCE REQUIREMENTS:
The CITY'S insurance requirements are attached (Exhibit 1). As a condition of award, the awarded vendor must provide a
certificate of insurance naming the city as additional insured.
AFFIDAVITS REQUIRED WITH SUBMITTAL: (Exhibit 2)
Respondents must complete and submit with your quote affidavits provided in Exhibit 2.
QUESTIONS:
Any Requests for additional information or questions must be in writing, emailed by 10 AM local time on February 9, 2015 to the
attention of Mr. Steven Kulick, Purchasing Manager at skulick @southmiamifl.gov.
SCOPE OF SERVICES DESCRIPTION: (TO BE COMPLETED BY CITY)
REFER TO "SCOPE OF SERVICES," COPY ATTACHED
Bids Will only be accepted that Include quotations during regular working hours.
DESCRIPTION OF WORK TO BE PERFORMED BY CONTRACTOR:
Rem Number
Police Department Communications Area
PROJECT.
Qty
Amount
Renovation
ADDRESS:
6130 Sunset Drive
CITY /STATE:
South Miami, Fl 33143
ISSUE DATE:
Tuesday, January 27, 2015
E -MAIL:
skulick@southmiamifl.r=_ov.
DUE DATE:
Wednesday, February 11, 2015 at 10 AM
Quotes submitted after 10 AM on the due date will not be accepted unless otherwise specified in the quote document
of a time change. All quotes will be submitted to the City Clerks Office in a sealed envelope. The label on the on the
envelope needs to read as follows:
City of South Miami
Maria M. Menendez, CMC
6130 Sunset Drive
South Miami, Fl. 33143
Project Name: Police Department Communications Area Renovation
Must input project name. If label does not have all information above your quote will not be accepted.
INSURANCE REQUIREMENTS:
The CITY'S insurance requirements are attached (Exhibit 1). As a condition of award, the awarded vendor must provide a
certificate of insurance naming the city as additional insured.
AFFIDAVITS REQUIRED WITH SUBMITTAL: (Exhibit 2)
Respondents must complete and submit with your quote affidavits provided in Exhibit 2.
QUESTIONS:
Any Requests for additional information or questions must be in writing, emailed by 10 AM local time on February 9, 2015 to the
attention of Mr. Steven Kulick, Purchasing Manager at skulick @southmiamifl.gov.
SCOPE OF SERVICES DESCRIPTION: (TO BE COMPLETED BY CITY)
REFER TO "SCOPE OF SERVICES," COPY ATTACHED
Bids Will only be accepted that Include quotations during regular working hours.
DESCRIPTION OF WORK TO BE PERFORMED BY CONTRACTOR:
Rem Number
Rem Description
Unit
Qty
Amount
Refer to "Scope of Services," Copy Attached
1
LUMP SUM PROPOSAL
LUMP SUM TOTAL
Contractor shall furnish all materials and equipment necessary to secure completion of the work. Contractor shall be
compensated according to the quote submitted. Contractor is responsible to secure all permits and should be reflected
in the Lump Sum quote. Contractor may choose to submit a quote on company letterhead but must be attached to this form.
Mandatary Pre-Quote Meeting is scheduled February 5, 2015 at 30 AM at City Hall Chambers, 6130 Sunset Drive,
South Miami, FL 33143. Deadline to submit is: February 11, 2015
PrintlType Name:
Signature:
E -mail:
Firm Name:
Address:
Phone: C Xo Zi cAd ,9 J NIP
Date: ❑ `
Fax:
VE.I.N. No.: _
City: �(,,� 1 a State: ,
THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSERTO BE BOUND BY THE TERMS OF ITS PROPOSAL FAILURETO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN
AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL NON - RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH
UNEQUIVOCALLY BINDS THE PROPOSER TOTHE TERMS OF ITS OFFER. THE CITY'S REQUEST FORQUOTES 15 FORTHE LOWEST AND MOST RESPONSIVE PRICE. THE CITY RESERVES THE RIGHT TO AWARD THE PROIECT
TO THE FIRM CONSIDERED THE BEST TO SERVE THE CITY'S INTEREST.
EXHIBIT 2
AFFIDAVITS AND FORMS
SUBMISSION REQUIREMENTS
I. Respondent's Sworn Statement Under Section 287.133(3)(A), Florida Statutes, on
Attachment #1 "Public Entity Crimes and Conflicts of Interest Affidavit,"
shall be completed and provided with the proposal submittal.
2. Neither the individual(s) /firm, nor any of his/hertits employees shall be permitted
to represent any client before the Commission or any Committee, department or
agency of the City, and shall agree not to undertake any other private
representation which might create a conflict of Interest with the City. The
individuals) /firm may not represent any Commission member, individually, or, any
member of their family or any business in which the Commission member of their
family has an interest.
3. All proposals received will be considered public records. The City will consider all
quotations using such criteria as the Commission or City Manager may adopt at
either of their sole discretion. The individual(s)/firm selected will be required to
enter into a formal agreement with the City in a form satisfactory to the City, prior
to the execution of which the City shall reserve all rights, including the right to
change its selection.
4. Respondent's Attachment 02 "Drug Free Workplace" form shall be
completed and provided with the proposal submittal.
5. Respondent's Attachment #3 "No Conflict of Interest/Non Collusion
Affidavit," shall be completed and provided with the proposal submittal.
6. Respondent's Attachment #4 "Acknowledgement and Conformance with
OSHA Standards," shall be completed and provided with the proposal submittal.
7. Respondent's Attachment #5 "Related Party Transaction Verification
Form" shall be completed and provided with the proposal submittal.
Page 1 of 10
ATTACHMENT #1 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST
Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes - "A
person or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a Bid on a Contract to provide any goods or services to a
public entity, may not submit a Bid on a Contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on teases of real property to a
public entity, may not be awarded to perform work as a Contractor, supplier, Subcontractor,
or Consultant under a Contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount Category Two of section 287.017, Florida
Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list".
The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State
Statutes. BIDDERS must disclose with their Bids, the name of any officer, director, partner,
associate or agent who is also an officer or employee of the City of South Miami or its agencies.
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY
PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to
for
[print name of the public entity]
[print individual's name and title] L
S -1Z cz►
[print name of entity slGbmitting sworn statement]
whose business address is to8z)5 -✓y27 lla► ac) W- U ILAT
5k-7 AV
and (if applicable) its Federal Employer Identification Number (FEIN) is 300 51bt O o O
(If the entity has no FEIN, include the Social Security Number of the individual signing this
sworn statement: .)
2. 1 understand that a "public entity crime" as defined in Paragraph 287.133 (1)(g), Florida
Statutes means a violation of any state or federal law by a person with respect to and
directly related to the transaction of business with any public entity or with an agency
or political subdivision of any other state or of the United States, including, but not
limited to , any bid or contract for goods or services to be provided to any public entity
or an agency or political subdivision of any other state or of the United States and
involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
misrepresentation.
3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1)(b),
Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or
Page 2 of 10
without an adjudication of guilt, in any federal or state trial court of record relating to
charges brought by indictment or information after July I, 1989, as a result of a jury
verdict, non -jury trial, or entry of a plea of guilty or nolo contender.
4. 1 understand that an "affiliate" as defined in Paragraph 287.133 (1)(a), Florida Statutes,
means:
(a) A predecessor or successor of a person convicted of a public entity crime; or
(b) An entity under the control of any natural person who is active in the
management of the entity and who has been convicted of a public entity crime. The
term "affiliate" includes those officers, directors, executives, partners, shareholders,
employees, members, and agents who are active in the management of an affiliate. The
ownership by one person of shares constituting a controlling interest in any person, or a
pooling of equipment or income among persons when not for fair market value under
an arm's length agreement, shall be a prima facie case that one person controls another
person. A person who knowingly enters into a joint venture with a person who has
been convicted of a public entity crime in Florida during the preceding 36 months shall
be considered an affiliate.
5. 1 understand that a "person" as defined in Paragraph 287.133 (1)(e), Florida Statutes,
means any natural person or entity organized under the laws of any state or of the
United States with the legal power to enter into a binding contract and which bids or
applies to bid on contracts for the provision of goods or services led by a public entity,
or which otherwise transacts or applies to transact business with a public entity. The
term "person" includes those officers, directors, executives, partners, shareholders,
employees, members, and agents who are active in management of an entity.
6. Based on information and belief, the statement which I have marked below is true in
relation to the entity submitting this sworn statement [Indicate which statement
applies.]
Neither the entity submitting this sworn statement, nor any of its officers,
directors, executives, partners, shareholders, employees, members, or agents who are
active in the management of the entity, nor any affiliate of the entity has been charged
with and convicted of a public entity crime subsequent to July I, 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.]
Page 3 of 10
Continuation orAttachment #2 Pubric Entity Crimes and Con f is
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING
OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS
FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID THROUGH
DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND
THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A
CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION
287.017, FLORIDA STATUTES. FOR CATEGORY TWO OF ANY CHANGE IN THE
INFORMATION CONTAINED IN THIS FORM.
[signature]
Sworn to and subscribed before me this day of .20
Personally known or
Produced identification Notary Public — State of
My commission expires
(Type of identification)
(Printed, typed or stamped commissioned name of notary public)
Form PUR 7068 (Rev.06/I 1/92)
Page 4 of 10
ATTACHMENT #2 "DRUG FREE WORKPLACE"
Whenever two or more Bids which are equal with respect to price, quality and service are
received by the State or by any political subdivisions for the procurement of commodities or
contractual services, a Bid received from a business that certifies that it has implemented a
drug -free workplace program shall be given preference in the award process. Established
procedures for processing tie Bids will be followed if none of the tied vendors have a drug -free
workplace program. In order to have a drug -free workplace program, a business shall:
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business'
policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation,
and employee assistance programs, and the penalties that may be imposed upon
employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that
are under Bid a copy of the statement specified in Subsection (1).
4. In the statement specified in Subsection (1), notify the employees, that, as a condition of
working on the commodities or contractual services that are under Bid, the employee
will abide by the terms of the statement and will notify the employer of any conviction
of, or plea of guilty or nolo contender to, any violation of Chapter 893 or of any
controlled substance law of the United States or any state, for a violation occurring in
the workplace no later than five (5) days after such conviction.
S. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program, if such is available in the employee's community, by any
employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug -free workplace through
implementation of this section.
As the person authorized to sign the statement. I certify that this firm complies fully with the
above requirements.
. n Print Name:
Date: — k) :�,p Is
Page 5of10
ATYAcmmENT #3 "NO CONFLICT OF INTEREST /NON COLLUSION AFFIDAVIT"
Submitted thisjlLday of f �_. 24—LC5--,
The undersigned, as Bidder /Proposer, declares that the only persons interested in this RFP are named
herein; that no other person has any interest in this RFP or in the Contract to which this RFP pertains;
that this response is made without connection or arrangement with any other person; and that this
response is in every respect fair and made in good faith, without collusion or fraud.
The Bidder /Proposer agrees if this response/submission is accepted, to execute an appropriate CITY
document for the purpose of establishing a formal contractual relationship between the Bidder/Proposer
and the CITY, for the performance of all requirements to which the response/submission pertains.
The Bidder /Proposer states that this response is based upon the documents identified by the following
number: Bid/RFP
The full -names and residences of persons and firms interested in the foregoing bid/proposal, as
principals, are as follows:
The Bidder/Proposer further certifies that this responsetsubmission complies with section 4(c) of the
Charter of the City of Miami, Florida, that, to the best of its knowledge and belief, no Commissioner,
Mayor, or other officer or employee of the CITY has an interest directly or indirectly in the profits or
emoluments of the Contract, job, work or service to which the response/submission pertains.
Signature: _
Printed Name: �"o va> ww;n m G VFSp�I�-
Title: d(_QJ
Telephw . 1 a(o 3e)0 3S C071
Company Name 1AUW1 !4.-U,0 1 116
Continuation of Attachment #3No Conflict of interfNon- Collusion Certification
Rage 6 of 10
NOTARY PUBLIC:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
za by
person whose signature is being notmized) who is
SEAL
(name of
Personally known to me, or
Type of Identification Produced
Did taM an ouh„ or
Did Not take an oath.
(Name of Notary Pubrk-- Print, Stamp
or type as commissioned
FAILURE TO COMPLETE, Si N $ RMRN THIS FORM MAY DIWVALI FY YOU& RE5eQNSE
Page 7 of 10
ATTACHMENT #4 "ACKNOWLEDGEMENT AND CONFORMANCE WITH OSHA
STANDARDS"
TO THE CITY OF SOUTH MIAMI
We'H 1twil of Contractor), hereby acknowledge and agree that
as Co ract rs T4r thil Solicitatio , as specified have the sole responsibility for compliance with all the
requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety
and health regulations, and agree to indemnify and hold harmless the City of South Miami against any
and all liability, claims, damages, losses and expenses they may incur due to the failure of
(subcontractor's names):
to comply with such act or regulation.
CONTRACTOR
11 1
Witness
1
vc-�
Title
FAILURE TO COMPLETE, SIGN, & RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE
Page 8 of 10
ATTACHMENT #f5 "RELATED PARTY TRANSACTION VERIFICATION FORM"
I , individually and on behalf of�
( "Fir ")have Name of Representative Company/VendorlEntity read the City o South Miami ( "City")'s Code of Ethics,
Section 8A -I of the City's Code of Ordinances and I hereby certify, under penalty of perjury that to the best of my
knowledge, information and belief:
(1) neither I nor the Firm have any conflict of interest (as defined in section 8A -1) with regard to the contract or
business that 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 -1, 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[See Note #1 below], 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 but make reference on
the line above to the separate sheet, i.e., "see attached additional information" and make reference to this
document and this paragraph on to the additional sheet which additional sheet must be signed under oath). [See
Note #1 below]; and
(4) no elected and /or appointed official or employee of the City of South Miami, or any of their immediate family
members (i.e., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the
contract between you and /or your Firm and the City other than the following individuals whose interest is set
forth following their use a separate names:
(if necessary use a separate
sheet to supply additional information that will not fit on this line but make reference on the line above to the
separate sheet, i.e., "see attached additional information" and make reference to this document and this paragraph
on to the additional sheet which 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 but make reference on
the line above to the separate sheet, i.e., "see attached additional information" and make reference to this
document and this paragraph on to the additional sheet which additional sheet must be signed under oath). [See
Note #1 below]
(5) 1 and the Firm further agree not to use or attempt to use any knowledge, property or resource which may
come to us through our position of trust, or through our performance of our duties under the terms of the
contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that
we may not disclose or use information, not available to members of the general public, for our personal gain or
Note # I: While the ethics code still applies, if the person executing this form Is doing so on behalf of a firm with more than
15 employees, the statement in this section shall be based solely on the signatory's personal knowledge and hdshe is not
required to make an Independent investigation as to the relationship of employees; If the firm Is a publicly traded company,
the statement in this section 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 of those who have a financial interest in the Firm or of
the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or
appointed official or employee or 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.
benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or
benefit anticipated through the performance of the contract.
(6) 1 and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or
any person or agency acting for the City, and that we have not appeared in representation of any third party
before any
board, commission or agency of the City within the past two years other than as follows:
(if necessary use a separate sheet to supply
additional information that will not fit on this line but make reference on the line above to the separate sheet, i.e.,
"see attached additional information" and make reference to this document and this paragraph on to the additional
sheet which additional sheet must be signed under oath).
(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 but make reference on the line above to the separate sheet, i.e., "see
attached additional information" and make reference to this document and this paragraph on to the additional
sheet which additional sheet must be signed under oath). [See Note #1 below]; and.
(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 but make reference on the line above to the separate sheet, i.e., "see
attached additional information" and make reference to this document and this paragraph on to the additional
sheet which additional sheet must be signed under oath). [while the ethics code still applies, if the person executing
this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (8) shall be
based solely on the signatory's personal knowledge and he /she is not required to make an independent
investigation into the Other Firm, or the Firm he /she represents, as to their officers, directors or anyone having a
financial interest in those Firms or any of their any member of those persons' immediate family.]
(9) 1 and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any
change in circumstances that would change our answers to this document. Specifically, after the opening of any
responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of
all Related Parties who have also responded to the same solicitation and to disclose the relationship of those
parties to me and the Firm.
(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
Note # I: While the ethics code still applies, if the person executing this form is doing so on behalf of a firm with more than
15 employees, the statement in this section 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; if the firm is a publicly traded company,
the statement In this section 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 of those who have a financial interest in the Firm or of
the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or
appointed official or employee or 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.
have made a diligent effort to investigate the matters to which I am attesting hereinabove and that the statements
made her ' rue and correct to the best of my knowledge, information and belief.
Signature.
Print Name & Title:
Date: nl to °7"015
ATTACHED:
Sec. 8A -I - Conflict of interest and code of ethics ordinance.
Municode Page ION
Sec. 8A -1. - Conflict of interest and code of ethics ordinance.
(a) Designation.
This section shall be designated and known as the "City of South Miami Conflict of Interest and Code of Ethics
Ordinance." This section shall be applicable to all city personnel as defined below, and shall also constitute a
standard of ethical conduct and behavior for all autonomous personnel, quasi - judicial personnel, advisory
personnel and departmental personnel. The provisions of this section shall be applied in a cumulative manner. By
way of example, and not as a limitation, subsections (c) and (d) may be applied to the same contract or transaction.
(b) Definitions. For the purposes of this section the following definitions shall be effective:
(1) The term "commission members" shall refer to the mayor and the members of the city commission.
(2) The term "autonomous personnel" shall refer to the members of autonomous authorities, boards and agencies,
such as the city community redevelopment agency and the health facilities authority.
(3) The term "quasi - judicial personnel" shall refer to the members of the planning board, the environmental review
and preservation board, the code enforcement board and such other individuals, boards and agencies of the city as
perform quasi - judicial functions.
(4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose
sole or primary responsibility is to recommend legislation or give advice to the city commission.
(5) The term "departmental personnel" shall refer to the city clerk, the city manager, department heads, the city
attorney, and all assistants to the city clerk, city manager and city attorney, however titled.
(6) The term "employees" shall refer to all other personnel employed by the city.
(7) The term "compensation" shall refer to any money, gift, favor, thing of value or financial benefit conferred, or
to be conferred, in return for services rendered or to be rendered.
(8) The term "controlling financial interest" shall refer to ownership, directly or indirectly, of ten percent or more
of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm,
partnership, or other business entity at the time of transacting business with the city.
(9) The term "immediate family" shall refer to the spouse, parents, children, brothers and sisters of the person
involved.
(10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services
for consideration and to submitting a bid, a proposal in response to a RFP, a statement of qualifications in response
to a request by the city, or entering into contract negotiations for the provision on any goods or services,
whichever first occurs.
(c) Prohibition on transacting business with the city.
Note # 1: While the ethics code still applies, If the person executing this form is doing so on behalf of a firm with more than
15 employees, the statement in this section 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; if the firm is a publicly traded company,
the statement in this section 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 of those who have a financial Interest In the Firm or of
the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or
appointed official or employee or 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.
No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into
any contract or transact any business in which that person or a member of the immediate family has a financial
interest, direct or indirect with the city or any person or agency acting for the city, and any such contract,
agreement or business engagement entered in violation of this subsection shall render the transaction voidable.
Willful violation of this subsection shall constitute malfeasance in office and shall affect forfeiture of office or
position. Nothing in this subsection shall prohibit or make illegal:
(1) The payment of taxes, special assessments or fees for services provided by the city government;
(2) The purchase of bonds, anticipation notes or other securities that may be issued by the city through
underwriters or directly from time to time.
Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four
affirmative votes of the city commission after public hearing upon finding that
(1) An open -to -all sealed competitive proposal has been submitted by a city person as defined in paragraphs (b)(2),
(3) and (4);
(2) The proposal has been submitted by a person or firm offering services within the scope of the practice of
architecture, professional engineering, or registered land surveying, as defined by the laws of the state and
pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been
submitted by a city person defined in paragraphs (b)(2), (3) and (4);
(3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself
of such property or services without entering a transaction which would violate this subsection but
for waiver of its requirements; and
(4) That the proposed transaction will be in the best interest of the city.
This subsection shall be applicable only to prospective transactions, and the city commission may in no case ratify a
transaction entered in violation of this subsection.
Provisions cumulative. This subsection shall be taken to be cumulative and shall not be construed to amend or repeal
any other law pertaining to the same subject matter.
(d) Further prohibition on transacting business with the city.
No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into
any contract or transact any business through a firm, corporation, partnership or business entity in which that
person or any member of the immediate family has a controlling financial interest, direct or indirect, with the city
or any person or agency acting for the city, and any such contract, agreement or business engagement entered in
violation of this subsection shall render the transaction voidable. The remaining provisions of subsection (c) will
also be applicable to this subsection as though incorporated by recitation.
Additionally, no person included in the term defined in paragraph (b)(1) shall vote on or participate in any way in
any matter presented to the city commission if that person has any of the following relationships with any of the
persons or entities which would be or might be directly or indirectly affected by any action of the city commission:
(1) Officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or
(2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the
person defined in paragraph (b)(1) in a manner distinct from the manner in which it would affect the public
generally. Any person included in the term defined in paragraph (b)( 1) who has any of the specified relationships
or who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on
or participate in any way in the matter.
(E) Gifts.
(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)(1) shall not apply to:
a. Political contributions specifically authorized by state law;
Note # 1: While the ethics code still applies, if the person executing this form is doing so on behalf of a firm with more than
15 employees, the statement in this section 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; If the firm is a publicly traded company,
the statement in this section 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 of those who have a financial interest in the Firm or of
the financial interest in the Firm of city employees, appointed officials or the Immediate family members of elected and/or
appointed official or employee or 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.
b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to
the delivery of a gift that is prohibited under paragraph(3);
c. Awards for professional or civic achievement;
d. Material such as books, reports, periodicals or pamphlets which are solely informational or of an advertising
nature.
(3) Prohibitions. A person described in paragraphs (b)(1) through (6) shall neither solicit nor demand any gift. It is
also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in
paragraphs (b)(1) through (6), or for any person included in the terms defined in paragraphs (b)(1) through (6) to
accept or agree to accept from another person or entity, any gift for or because of
a. An official public action taken, or to be taken, or which could be taken, or an omission or failure to take a public
action;
b. A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform
a legal duty;
c. A legal duty violated or to be violated, or which could be violated by any person included in the term defined in
paragraph (b)(1); or
d. Attendance or absence from a public meeting at which official action is to be taken.
(4) Disclosure. Any person included in the term defined in paragraphs (b)(1) through (6) shall disclose any gift, or
series of gifts from 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)(1) through (6) be employed by a corporation,
firm, partnership or business entity in which that person or the immediate family does not have a controlling
financial interest, and should the corporation, firm, partnership or business entity have substantial business
commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency,
then the person shall file a sworn statement disclosing such employment and interest with the clerk of the city.
(g) Exploitation of official position prohibited.
No person included in the terms defined in paragraphs (b )(1) through (6) shall corruptly use or attempt to use an
official position to secure special privileges or exemptions for that person or others.
(h) Prohibition on use of confidential information.
No person included in the terms defined in paragraphs (b)(1) through (6) shall accept employment or engage in
any business or professional activity which one might
reasonably expect would require or induce one to disclose confidential information acquired by reason of an
official position, nor shall that person in fact ever disclose confidential information garnered or gained through an
official position with the city, nor shall that person ever use such information, directly or indirectly, for personal
gain or benefit.
(i) Conflicting employment prohibited.
No person included in the terms defined in paragraphs (b)(1) through (6) shall accept other employment which
would impair independence of judgment in the performance of any public duties.
(j) Prohibition on outside employment
(1) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an
officer or employee of the city from any source other than the city, except as may be permitted as follows:
a. Generally prohibited. No full -time city employee shall accept outside employment, either incidental, occasional or
otherwise, where city time, equipment or material is to be used or where such employment or any part thereof is
to be performed on city time.
Note # 1: While the ethics code still applies, if the person executing this form is doing so on behalf of a firm with more than
15 employees, the statement in this section 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; if the firm is a publicly traded company,
the statement in this section shall be based solely on the signatory's personal knowledge and helshe is not required to make
an independent investigation as to the relationship of employees or of those who have a financial interest In the Firm or of
the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or
appointed official or employee or 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.
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 -I I of the Code of Miami -Dade County and, in addition shall be subject to dismissal by the appointing
authority. The city may also assess against a violator a fine not to exceed $500.00 and the costs of investigation
incurred by the city.
(2) All full -time city employees engaged in any outside employment for any person, firm, corporation or entity
other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the
source of the outside employment, the nature of the work being done and any amount of money or other
consideration received by the employee from the outside employment. City employee reports shall be filed with
the city clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city
manager may require monthly reports from individual employees or groups of employees for good cause.
(k) Prohibited investments.
No person included in the terms defined in paragraphs (b)(1) through (6) or a member of the immediate family
shall have personal investments in any enterprise which will create a substantial conflict between private interests
and the public interest.
(1) Certain appearances and payment prohibited.
(1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall appear before any city board or
agency and make a presentation on behalf of a third person with respect to any matter, license, contract,
certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall
the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who
has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit
sought by the third person. Nor shall the person appear in any court or before any administrative tribunal as
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) (1) through (6) shall participate in any official action
directly or indirectly affecting a business in which that person or any member of the immediate family has a
financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or
indirect interest in any investment, equity, or debt.
(n) Acquiring financial interests.
No person included in the terms defined in paragraphs (b)(1) through (6) shall acquire a financial interest in a
project, business entity or property at a time when the person believes or has reason to believe that the financial
interest may be directly affected by official actions or by official actions by the city or city agency of which the
person is an official, officer or employee.
(0) Recommending professional services.
Note # 1: While the ethics code still applies, if the person executing this form is doing so on behalf of a firm with more than
I s employees, the statement in this section 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; if the firm is a publicly traded company,
the statement in this section 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 of those who have a financial interest in the Firm or of
the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or
appointed official or employee or 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.
No person included in the terms defined in paragraphs (b)(1) through (4) may recommend the services of any
lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional
or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation
may properly be made when required to be made by the duties of
office and in advance at a public meeting attended by other city officials, officers or employees.
(p) Continuing opplicotion after city service.
(1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall, for a period of two years after
his or her city service or employment has ceased, lobby any city official [as defined in paragraphs
(b)(1) through (6)] in connection with any judicial or other proceeding, application, RFP, RFQ, bid, request for
ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular subject
matter in which the city or one of its agencies is a party or has any interest whatever, whether direct or indirect.
Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request
or application to a city department or agency during the two -year period after his or her service has ceased.
(2) The provisions of the subsection shall not apply to persons who become employed by governmental entities,
501(c)(3) non - profit entities or educational institutions or entities, and who lobby on behalf of those entities in
their official capacities.
(3) The provisions of this subsection shall apply to all persons described in paragraph (p)(1) whose city service or
employment ceased after the effective date of the ordinance from which this section derives.
(4) No person described in paragraph (p)(1) whose city service or employment ceased within two years prior to
the effective date of this ordinance shall for a period of two years after his or her service or employment enter
into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)(1) in
which the city or one of its agencies is a party or has any direct and substantial interest; and in which he or she
participated directly or indirectly through decision, approval, disapproval, recommendation, the rendering of
advice, investigation, or otherwise, during his or her city service or employment A person participated "directly"
where he or she was substantially involved in the particular subject matter through decision, approval, disapproval,
recommendation, the rendering of advice, investigation, or otherwise, 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, 12. 3-2-")
Editor's note- Ord. No. 6 -99 -1680, § 1, adopted 3 -2 -99, repealed §§ 8A- I and 8A -2 in their entirety and replaced
them with new §§
8A -I and 8A -2. Former §§ 8A -I and 8A -2 pertained to declaration of policy and definitions, respectively, and
derived from Ord. No. 634, §§ I (I A- 1), 1 (IA-2) adopted Jan ...1 I , 1969.
Note # 1: While the ethics code still applies, if the person executing this form is doing so on behalf of a firm with more than
15 employees, the statement in this section 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; if the firm is a publicly traded company,
the statement In this section 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 of those who have a financial interest in the Firm or of
the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or
appointed official or employee or 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.