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Home My WebLink AboutReso 2021-3182RESOLUTION NO. 2021 - --�? ( V— A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RATIFYING FIRST AMENDMENTS TO THE AGREEMENTS WITH DRC EMERGENCY SERVICES, LLC. AND CROWDERGULF JOINT VENTURE, INC. TO PROVIDE DISASTER DEBRIS REMOVAL SERVICES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City needed a consultant to provide disaster debris removal services in the event of an emergency; and WHEREAS, in April 2018, the City issued and advertised Request for Proposal No. 18- 04-02 for Disaster Debris Removal Services ("RFP") and received five (5) responses; and WHEREAS, DRC Emergency Services, LLC. ("DRC") and CrowderGulf Joint Venture, Inc. ("CrowderGulf') both represented to the City that it possessed the requisite qualifications, expertise and licenses to perform all necessary work in connection with the services specified in the RFP; and WHEREAS, on May 17th, 2018, via Resolution No. 2018-2825, the City Commission awarded the RFP to, and authorized the City Manager to negotiate and enter into a three (3) year Agreement with, DRC as the primary bidder and CrowderGulf as the secondary bidder; and WHEREAS, the original Agreements provided a one (1) additional two (2) year renewal option; and WHEREAS, the City Manager, being satisfied with the services provided by both DRC and CrowderGulf, exercised his authority and renewed the Agreements; and WHEREAS, the City Commission now wishes to ratify the First Amendments to the Agreements with DRC and CrowderGulf, thereby renewing the terms for an additional two (2) year period, commencing June 18, 2021 and June 28, 2021, respectively, attached hereto as Exhibits "A" and `B", respectively. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Ratification of First Amendments. The City Commission hereby ratifies the First Amendments to the Agreements with DRC Emergency Services, LLC. and CrowderGulf Joint Venture, Inc., thereby renewing the terms for an additional two (2) year period, commencing June 18, 2021 and June 28, 2021, respectively, attached hereto as Exhibit "A" and `B", respectively. Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 3. Effective Date. This Resolution will become effective upon adoption. R2021 First Amend to Debris Removal Agmt Page 1 of 2 PASSED AND ADOPTED this 18th day o arch 2021. George H. Scholl, Mayor ATTEST: APPROVED AS TO FORM AND LEGAL ICIENCY: Mauricio Petanct, CMC, City Clerk dward A. Dion, City Attorney s econded b _ f �— uMoved by:55i Pr y: O f'fNi� SS / N��i Vote: Mayor Scholl (Yes) (No) Vice Mayor Svechin (Yes) (No) Commissioner Goldman (Yes) (No) Commissioner Lama Xes) (No) Commissioner Viscarra (Yes) (No) R2021 First Amend to Debris Removal Agmt Page 2 of MEMORANDUM TO: The Honorable Mayor and City Commission S�NNY'SG��A City of Sunny Isles Beach a` Evelyn Rodriguez-Plesa, Assistant to the City Manager n 18070 Collins Avenue RE: Sunny Isles Beach, Florida 33160 Management and Removal Services yf (305) 947-0606 City Hall cAr �e�o¢A�o t¢ (305) 9493113 Fax or su« MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Evelyn Rodriguez-Plesa, Assistant to the City Manager DATE: 3/18/2021 RE: Ratifying Contract Renewals for Disaster Debris Management and Removal Services RECOMMENDATION: This item is presented for your approval REASONS: In April 2018, the City issued Request for Proposal No. 18-04-02, Disaster Debris Management and Disposal Services (RFP), to secure the services of a qualified contractor to remove and dispose of disaster generated debris. Subsequently, on May 17, 2018, the City awarded the RFP to a primary and secondary contractor (Resolution No. 2018-2825). The contractors awarded were as follows: Primary: DRC Emergency Services, LLC Secondary: Crowder Gulf Joint Venture, Inc. In an effort to have contracts in place before hurricane season, these contracts were renewed for one (1) two-year term in accordance with the original agreement. Approval for ratification of these contracts is requested. ADDITIONAL INFORMATION: These agreements will be activated only in the event of a disaster which requires these services. 111:I�t:C��11L'Z� The City maintains an emergency fund that will be used to fulfill this agreement if needed. Expenses related to this agreement may be eligible for reimbursement by FEMA in the event of a declared state of emergency. ATTACHMENTS: Description Resolution First Amendment- DRC FirstAmendment - CrowderGulf Item Number: 10.E. f`r � rrf• FIRST AMENDMENT TO THE AGREEMENT BETWEEN t� THE CITV OF SUNNI' ISLES BEACH AND DRC EMERGENCY SERVICES LLC "Y CONTRACT NO. 6830-093 This First Amendment to the Agreement between the CITY OF SUNNY ISLES EACH "City") and DRC EMERGENCY SERVICES LLC. ("Contractor"), executed this day of , 2021, is made a part of the original Agreement ("Agreement") dated June 18, 2018, etween the City and Contractor, a copy of which is attached hereto as Attachment "A", whose Federal Identification # is 63-1283729. The City and Contractor hereby agree as follows: 1. OPTION TO RENEW. Effective June 18, 2021, the Parties hereby wish to renew the Agreement for one (1) two-year term in accordance with Section 1.4 of the original Agreement. as more particularly described in Attachment "A", which is attached hereto and incorporated herein by reference. 2. PROHIBITION AGAINST CONTRACTING_ WITH SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, contracting with any entity that is listed on the Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of Israel is prohibited. Contractors must certify that the company is not participating in a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be terminated at the City's option if it is discovered that the entity submitted false documents of certification. is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria after July I, 2018. Any contract entered into or renewed after July 1, 2018 shall be terminated at the City's option if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of Israel, Contractor must submit the certification that is attached to this agreement as Attachment "B". Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the Contractor docs not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 287.135, 3. E -VERIFY. Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E -Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E -Verify system. Florida Statute 448.095 further provides that if a Contractor enters into a contract with a subcontractor., the subcontractor must provide the Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, Contractor is required to verify employee eligibility using the E -Verify system for all existing and new employees hired by Contractor during the contract term. Further, Contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of Contractor to ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify website (https://www.c-verif .. goov/cmploN,ers/enrollin,-in-e-verify) and follow the instructions. The Contractor must retain the I-9 Forms for inspection, and provide the attached E -Verify Affidavit, attached hereto as Attachment "C". 4. O'T'HER PROVISIONS RE'.MAIN IN EFFEC'T'. Except as specifically modified herein, all terms and conditions of the original Agreement between the parties dated June 18, 2018 shall remain in full force and effect. 5. CONFLICTING PROVISIONS. The terms, statements, requirements, or provisions contained in this First Amendment shall prevail and be given superior effect and priority over any conflicting or inconsistent terms, statements, requirements or provisions contained in any other document or attachment, including but not limited to Attachment "A", "B", and "C". IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as ofthe date mentioned above. W TNESSS: Signature 4s -a -WA, Print Name ATTEST: BY: Mauticio I CMC City Page 2 DRC SERVICES LLC. `.1 Print Name, As its Ve se 4t t J CITY OF. UN, V ISLES BEACH BY: George H. Scholl, Mayor APPR VE O FORM AND LEGAL U FICI ?�i 1 BY: /�((�` c Edward A. Dion, City Attorney Attachment "All Original Agreement -- ' AGREEMENT BETWEEN THE CITY OF SUNNY ISLES •'r k. ' •' BEACH AND DRC EMf,RGENC'Y SEI~iVl•CES, LLC ryCr w• H ria C ONTRACT NO. 6830-093 THIS CONTRACT-VAL AGREEMENT (hcreinaftrr referred to as the "Agreement") is made in dupl irate, this,a't day of.Ftlne, 2013, by and between the CITY OF SUN- Nib 1SLE5 BE' ACK Florida, (hereinaftri.• referred w as "City").. and DRC EMERGENCY SERVIO'S, LLC, a corporation authorized to do business in the State of Florida (hereinafter referred to as -Contractor"') whose federal 1.D. 9 is 63-1283729. RI"CIT A1t.S WRECREAS, in response to the City's Request for Proposal (RFP) Rio. 18-04-02, and Re.wlution No, 2019-2825. a primary [contractor was selected to provide emergencyldisaster debris clearing, management, and removal operations for the City Cervices")- and WHEREAS, Contractor has expressed the ability+ and desire to provide these Senices, as more particularly described in Attachment "A", a copy of which is attached hereto; and WHEREAS, the total arnaunt to be paid for the Services is on a unit price basis in accordance with the I -cc Schedule, as more particularly described in Attachment "A". NOVO' THEREFORE, in consideration of the promises and ttre Enutual covenants herein name, the parties agree as lbllows: 1_l .. RECITALS. The Recitals set Furth above are hereby incorpon ted into this .Agreem= and made a part hereof for reference. lit addition, (tte following documents are hereby incorporated by reference and made part of this .Agreement: 0) Specifieation and Proposal Documents prepared by the City For Disaster Debris Management and Removal Operations, Request for Proposal 18.04-02. ii Response to RFP No. 18-04-02, prepared by Contractor, a copy of which is allac hed hereto as Attachment "A" and incorporated herein by reference. All Exhibits arc collcctivoly rcli:rrcd to as the "Contract Documents". 1.2. SERVICES. Contractor shall provide Emergency Debris Clearing,, Management, and Ilernovai Operations as the primary Contractor for services pursuant to the ten -ns and conditions set Barth in the: Request for Proposal 18-04-02 and Attachment "'A". Contractor shall perform the Services under the general direction of the City and shall furnish all labor; materials, supplies, equipment, supCrvision and services necessary for and incident to the perforrltartcc of the Sendces, except as otherwise noted in the specifications. By sinning this Agrccment, the Contractor represents that it thoroughly reviewed the Contract Documents inc•oiponated into this Agreement and that it accepts the Services and the conditions under which the Services are to be performed. 1.3. QUALIFICATIONS. Contractorand the itttlividaal executing this Agrcenictit on behalf of the Contractor warrant to the City that the Contractor is duly constituted and authorised to do 6830-043 DRC EMERGENCY SERVICF•S, U.r City of Sunny Isles Beach 18070 Collins Avenue:. Sunny isles Beach, Florida 33160 (305) 947-0606 phone (1305) 949-3113 Fax business in the Stale: of Florida, is in good standing and that the Contractor possesses all of the required licenses and certificates of competenoy required by the State of Florida and Miami -bade County it) perl'onn the Services herein described, 1.4. TERM. Subject to the provisions relating to the termination of this Agreement as set forth hereunder, this Agreement shall commence upon execution of this 119rl4Cme`nt by both parties and shall be for an initial term of three (+) years with the option to renew the contract for one (1) additional two (2) year period, for a total of five (5) years. Services under this Agreement shall commence upon the issuance of Notice to Proceed from the City Manager or designee. .15. C:(3WENSA'l'ION. C.oritractar acktiowledges that this is a contitieetit services contract and that no payments will be made or due: FrOill the City rulless Contractor is spe•c•if ically engavcd by (hie City for a specific emergency. All payments to be made hcrctlnder shall be paid in accordance with Elle Fee Schedule ctmtained in Coniractor's Response. to Request for Proposal 18-04-02, attached hereto as Attachment "A" and incorporated herein by reference. All invoices and payments Shall be for Services completed pursuant to this Agreement after' submission of invoices to the Cite. All invoices sliall be subinit(cd in accordance with ReclucsE for Proposal 18- 04-02. The City will pay properly submitted invoices within thirty (30) clays of receipt, for completed and accepted iervices, unless the City notifies the Contractor in writing of the dispute, before the payment is clue. The City's perlbrmance and obligation to pay under this APt:rricrit is contitigctit upon an annual appropriation for its l)urpOse by the City C:ominission- The Contractor shall make no ether charges to the: City liar supplies, labor, taxes, licenses; pennies, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval ol'the City. If the; City disputes any charges on (lit invoices. it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreernent with Contrewtar. There are no reimbursable expenses associated with this Agreerncnt. 1_6. PERFORN1ANC E AND PAY,V1<ENIT BOND Upon activation of this Agreement by the City, Contractor will he required to provide the City with a ['erformance and Pavinent Bond in the amount of- 100% of the contract/ Purchase Order value: whichever is greater. upon the issuance of Notice to Proceed from the City Manager or designee; the Contractor will be. required LO provide Performance and Payment Bonds within three (3) calendar days. Onc4 activated: the Payment and Performance 1ionds shall be in force for a period of not less than one (1) year froth Elie date of original execution by the Bond SLIfety. Bonds shall be executed by the Contractor and surety company authorized it) do business in the State of Florida with an A.M. Befit rating of "A-" (Excellent) or better, which bond shall be conditioned upon the successful completion of ail work, labor. services, materials Eo be provided and furnished, and the payMetit of all subcontractor& materials and laborers. Ir the value of the contratued work increascS, the Contractor shall be required to provide an updated Performance and Paynient 13ond in an amount equal to rhe: nr;w venue. 1_7. TIME iS Or Tl1F. ESSENCE, All parties agree that time is of the essence. The Contractor must provide sui7ieicnt cquipmem and labor, based on the inagnitudo of Ehc disaster 6830-093 DKC EMtERGEi.C:Y SERVICES. LLC: 2 City of SannY Islas Beach 19070 Collins Avcrl[LC, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305 949-3113 Fax and information From damage assessments, necessary to meet the City's timelines as follows: 1) clearing of primary rights-of-way within 24 hours orf receiving the task order; 2) removal ol'debris started within 48 hours of receiving the task order; 3) removal of debris must be underway ill all zones Within 70 Ilotlrs; and 4) a]I debris removal operations must be completed within 10 days. Failure to provide the specified equipment, labor and materials, and to initiate the work staffed and equipped in auc:ordance with the equipment schedules at 50% capacity within the first 24 hours, and 100% capacity Within the first 48 hours 1011OWing issuance o1 each task order by the City Manager or his designee; shall result in the City making a claim against the Contractor's Performance Bond in the amount of the cost per hors ol'eaeh crew as defined in the Revised Fee Schedule Fonn for each hour exceeding the 24 hour cutoff where the Contractor is failinb to operate, or is operating at less than the response levels specified herein. Contracuir shall not be liable for unavoidable delays beyond their reasonable control. 1'8. INDEPF M)IENT CONTRACTOR RI.C.A'11C)NS111P. The Contractor is an independent contractor and shall be treated as. such Four all purposes. 'Nothing contained in this Agreement or any action of the parties shall be construed to coltstitutc or to render the Contractor an ernployt;e, partner; agent, shareholder; officer or in any other capacity ether than as an independent contractor other than those obligations which have been or shall have been Undertaken by the City. Contractor shall he responsible for any and all of its own expenses in performing its duties as contemplated underthis Agreement, Thu City shall not be responsible for anv expense incurred by the Contractor. The City shall have no duty to withhold any federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this Agreement. Contractor shall furnish its own transportation, ofl'icc and other supp]Fes as it dt:tennines necessary in carrying out its duties under this Agreement, 1_9. OWNERS111P [fir DOCUMENTS AND EQUIPMENT. All documents prepared by the Contractor pursuant to [his Agreemcn[ and related Services to this Agreement, are intended and represented for the ownership of the City only. Any other use by Contractor or other paities shall ba approved in writing by the City. If requested, Contractor shall deliver the documents to the City within fifteen (15) calendar days. 1.10. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work heing perl'ormed under this Agreement, procure and maintain the followin3 minimum insurance coverage to protect the City and Co'?nlrioc[or against all loss, claims. datmagc and liabilities caused by C:orllracu}r, it4 ageaits cn- emploti�ees; as indicated l�elo�v: Comprehensive General liability in urance, including broad ronn contractual liability coverage For all operations, including; but not limited to, cnntractuaL products; and completed operations_ personal injury ane] property dalnaQe liability with minimum limits ol'Onu Million Dollars ($1,000,000) per occurrence, O Worker's Compensation and employer's li:ubiUly coverage. its retluircd pursuant to Florida law. 6830.093 DRC I_MEAG NCY yt=RVIGGS. I.[,C [ y of Su nnv Ales Beach 18070 Collins Avenue. Sunny Isles Beach, Florida 33160 (345) 947-0646 pliane (305) 949-3 11 i fax ❑ Business Automobile Liability which shall include coverage for all owned; non - owned and hired vehicles for ininintum limits ol'not less than One Million Dollars ($1,000,000) per occurrence. Insurunuc required of the Contractor shall be primary to; and not contribute with, any insurance: or self-insurance maintained by the City. Such insurance shall not: dirninish Contractor's indemnification and obligations hereunder. The insurance policy shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City with a rninin,um A.M. fiestratingofA-Excellent, l3efore any work underthis Agree tnent is perfor ned, and at any time upon request.. Contractor shall fumish to the City certificates of insurance evidencing the minimum required coverage and shall be appropriately endorsed for contractual liability, with the City named as additional insured. All policies shall contain a waiver of subrogation endorsement, All policies and certificates shall be in ibmis and issued by insurance companies acc uptable to the City Manager or h is designee. Al l insurance policies and certi f icatcs ofinsumnce small provide that the policies may not be canceled or altercd without thirty (30) days prior written notice- to the. City. Contractor shall also require and ensure that each 011'11S Rib - Contractors providing scrviccs hcrcunder (ifany) procures and maintains. until the completion of the services, insurance of the types and to the limits specified herein, ANY EXC:EPTIiONS TO THE INSURANCE REQUrREMENT.S IN THIS SECTION NII,IS'C HE APPROVED I11 WRITING BY THE CITY. 1.11. TERMINATION AND RCNLEDIES FOR BREACH. A. The Contractor agrees that the upon receipt of the Notice to Proceed (NTP) i'rorn the City Manager or designee, the primary Contractor will have twelve (12) hours to contact the City in response to the NTP and twenty-four (24) hours to substantially mobilize or begin performance tinder the terms ol" L11is Agreement. The City reserves the right to pursue secondary Contractor for Services if primary Contractor either fails. to mobilize or begin performance under tht ternis 01' this Agreement. If, through any cause within reasonable control, the Contractor shall Dail to 1161511 in ft timely manner or otherwise violate any of the covettattts, agreements or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to be perfornied. Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its violation• of the particular terns of the Agreement and grant Contractor ten (10) days to cure such default. If the default remains uncured after ton (10) days the City may terminate this Agreement; and the City shall receive a'refund from the Contractor in an amount equal to the actual cost of a third parte to cure such failure. If Contractor tails, refuses or is unable Lo peribrm any tcnn of this Agreement, City shall pay for Services rendered as of the date oFtermination. 0, in the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor shall be delivered to the; City and the City shnll compensate the Contractor for all Services satisfactorily performed prior to Llic date ol'tennination. 68'0-043 OXC EN -1 ERGENCY S131MCES, LLC: 4 ON 0j'. unny Isles Reach 19070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3 113 Fax li Nomithstanding the foregoin-, the Contractor shall not be relieved of liability to the City iiar daunages sustained by it by virtue of a breach of the Agreement by Contractor and the City may reasonably withhold payment to Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor is determined, B. Termination i'or Convenience of City. The City may, ibr its convenience and without cause, terminate the Services then remaining to be performed at any time by jiving Contractor ten (l 0) clays written notice. In the event ol'such a termination without cause: the Contractor shall be compensated for all services performed to the City's satiNGICLion and prier to termination. Upon receipt of the notice of termination fbr COnVertiCrlCC. Contractor shall promptly discontinue all work and, to the extent indicated on the notice of tennination, shall tenninate all outsianding subcontracts and purchase orders as they relate to the terminated portion of the Contract. Shall refi-ain from placing FiL11her orders and/or cxrntracting with Subcontractors, and shall complete any coittinuccl portions of'the `Mork, The terms of Paracraph 1.11A(i) and A(ii) above shall be applicable hereunder. C. 'Termination for Insolvency, The City also reserves the right to tenninaLu the remaining Services to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 1.12. GOVI;'.RNINC: LAW AND ATT[)RNF:Y5 FEES. It 1..9 agreed that 1.1119 Agreement shall be aovcrned by, construed and enforced in accordance with the laws of the State of Florida. Venue for any legal proceeding shall he in Miami [lade County. Florida. In the e;vcnt it becomes necessary for the: City to file a lawsuit to enforce any term or provision under this Agreement and the City is the prevailing party then the City shall be entitled to its costs and atLorney's flees at the pretrial, trial and appellate: levels. 1,13. C:Cli1'f'lfONTIAL INFORMATION. The. Contractor shall not, either during the term of this Amcment or any titinc for a period of tett (I 0) years subsequent to that date upon which the C:ontraetor shall leave the employment uNhe: City for any reason whatsoever. disclose to any person or entity, other than in the discharge of the duties of the Contractor under this Agreement; any information which the Cit; designates in writing tts "conlidentiul," As a violation by the ConLrrc or ol'ihe provisions of this Section could cause irreparable iniury to the City and there is nn adequate remedy at law f'or Such violation, Lhe City shall ]lave the right, in addition to any other retnedies available to it at law or in equity; to enjoin the Contractor irom violatina such provisions. 1.14. JURISDICTION. VH NUN AND WA1V1-:l1. ON .TURY TRIAL. This Aercomcnt shall be interpreted and construed in accordance with and governed by the laws of the State of F lorida. All parties agree and accept thai _jurisdiction of any dispute or controversy arising, out of this Agreement, and any Action involving the enforcement or interpretation of any rights hc;reunder 030-09; DRC. RMERGt NCY SMVICTS:11C. 5 City gfSuntry Isles Beach 18070 Collins AVMUC, Sunny Isles Beach, Florida 33164 (305) 947.0606 phone (345) 949-3 l 13 Fax shall be brought exclusively in the L[eventh Judicial Circuit in and for Miatni Dade County; Florida, and venue For Inflation arisiriv ouL of this Abr eement shrill be exclusively in Such state court, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdicticmal device. In the event it bectones necessary For the City to file a lawsuit to enforce any term or provision under this Agreement and the City is the prevailing party then the ("ity shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate• levels. BY ENTERING INTO THIS ACRE• EMENT. CONTR}1CTOR AND CITY HEREBY L_XPPISSS I..Y t+AIVU ANY ItK)FI1'S FITHF.R PARTY MAY HAVE TO A TRIAL RY JURY OF ANY CIVIL i ITJGATIO N' RELATED TO THIS AGREEMENT. 'Nothing in this Agreement is intended to serve as a Waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed by the City pursua nL to Section 768.28, Florida Statutes. 1.15. NOTICES. All notices and other commLtnicattiOW required or pernilacd to be given under this Agreement b}� either party to the other shall be in writinn and shall be sent (except a s other%vise provided herein) (i) by certified or registered 1nalil; firs[ class postage prepaid, return reacipt requested, (fi) by guaranteed overnight delivery by a nationally recognized courier Service; or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered rnati1. first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: If to the City: C;hristopller.l. RUSSO City Manager City of Sunny Isles Flesch 18070 Collins Avenue Fourth Floor Sunny Sunny Isles Beach.. Florida 33160 Tel: (307) 792-1776 If to the Kristy L. Fl.tert[es C.antructor: Vice Presitlentr�+ecretaryl'I'reasurer DRC Emergency Services; LLC PO Box 17617 Galveston. TX 77552 Tel: (504) 220-7682 Fax: (504) 482- 2852 Email• Kfuentes al drettsa.com 1.16. TPUBLIC itECCfRIyS. The Contractor shall be requirements under Florida's Public Records Law: With a copy to: Hans Ottinot City Attorney City of Sunny isles Beach 18070 Colfins Avenue Fourth Floor Sunny Isles Reach. Florida 33164 Tel: (305) 792.1766 rcquired Lo comply with the following (i) Contractor shall keep .end maintain public records required by the City to perform tlhc service. (ii) Upon request from the City; Contractor shall provide the City with a copy of the rCgLIt:sicd records or allow the records to be inspected or copied within a reasonable time at ai cast that doe, not exceed the cost provided by Chapter 119; Florida Statu[cs, or as otherwise provided by law. 68304A3 VKC EMRRGENC.YSPAVICrS: 1. k 0 00, of Sunny F.We.► Beach 18070 Collins Avenue, Sunny Isles Beach; Florida 33160 (305) 947.0606 phone (305) Z)49-31 13 Fax (iii) C:ontractorshall ensure that public records that arc exempt orconfidential and exempt from public records disclosure requirements are not disclosed except as authorized by law lbr the duration of'the Wntract term and lbllowinc completion 01'the contract if the Contractor does not transfer the records to the City. V (iv) Contractor shall, upon completion of the contract: transfer, at no cost, to the City all public records in possession of the Contractor ar keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destri)'v any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor sliall meet all applicable requirements for rotaining public records. All records stored electronically must be provided by Contractor to the City, upon request from the City, in a forinat that is compatible with the infonmation technology systems ol'tlle City. iF THE CONTRACTOR HAS QUESTION'S REGARDING T11E APPLICATION OF CHAPTER 119, FLORMA STATUTES, TO THE CONTRAC'TOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING* TO THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC IIECORDS AT (30;5) 792-1703, CityrClerk@sibfi.net, 18070 Collins Avenue, 4'i' Floor, Sunny Isles Beach, Florida 33160. 1.17. COMPLIANCE WITH THE CONTRACT WORK HOURS ANI.) SAFETY S'I ANI)ARDS ACT. During the: performance of'this contract. the Contractor agrees as follows: (1) Overtime requirements. No contractor or subC0n1ra0t0r contracting for any part of the contract work which may require or involve the employment of laborers or mechanics steal l require or perniit any such laborer or mechanic in any workweek in which he or sllc is employed un such �vork to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such w rrkweck. (Z) Violation: liabilitvfor unpaid ~vases: liquidated damages_ In the event af'any violation Of the clause set firth in paragraph (1) of this section the comractor and an. - subcontractor responsible therefor shall be liable for the unpaid wages_ In addition. such comractor and subcontractor shall bo liable to the United States (in the case of work done under contract for the District OPColumbia or a territory, to suc11 District or to such territory), for liquidated dtarnanes- Such liquidated damages shall be computed with respect w each individual laborer or mechanic, including watchmen and guards; employed in wiolatic311 of the clauEse set firth in paragraph (1.) of this section, in the Sun of'$10 for each calendar day all which such individual was required or permitted to work ii1 excess ctrl'the standard workweek of lorty hours without payment of the overtime %!ages required by the clause set forth in paragraph (1) of this section. WO -49a nRr,. f,VITRGENCY !,P.RVIC:P:S, I.t.0 7 Cite of Sunny I.0ev Beach 18070 Collins Avenue, Sunny 15Ies Reach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax (3) Withholding for unpaid wages and liquidated damages. The City shall upon its M1 action or upon written request of an authorized representative of the Department of i_abor wiQihold or cause to be withheld, front any moneys payable on account (X work perforntcd by (lie contractor or Subcontractor under any such vonlract or any other Federal ncnitract with tic same prime contractor.'or any other federal ly-assisted ec)iitract subject to the Contract Work I lours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary' to satisfy any liabilities of such contractor or subcontractor fir unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts_ The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (t) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible far compliance by any subcontractor or tower tier subcontractor with the clauses set forth in paragraphs (1) through (4) ofdiis section." 1.18. C:t1MPL•IANCE WITH THE COP)CLAND ANTI-KIC'KRACK ACT (1) Contractor. The contractor shall comply with 18 U.S.C. $ 874: 40 U.S.C.. § 3145, and the requirements oF29 C.F.R. pt. 3 as may be applicable. which are incorpora►ed by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any s0c011tracts t)te clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause recluiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible i'or the compliance by any subcontractor or Iowcr tier subcontractor with all of these contract c11Hu3es. t3) Breac•h. A breach of'the contract clauses above may be grounds for termination ol'the contract, and lbr debarment as a contractor and subcontractor as provided in 29 C<. F.R. § 5.12. 1.19. CLEAN AIR ACT AND THE FEDERAL L WA'I'CA POLLUTION' CONTROL ACT. Conti -acts amounts in excess o13150.000 shall agrc� to comply witli all applicable standards_ carders pursuant to the Clean Air Act (42 LJ_S_C:_ §§ 7401-7671q) and the Federal Water Pollution C.ontrnl Act as amended (33 U.S.C. §§ 1251-1387). A. (:lean Air Act (l) The contractor agrees to comply with all applicable standards. orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C;. y 7401 et seq. 6830.093 DKK EME.1tOUNC:Y SERVICES, UC' lj City of Sunny isles Beach 18070 Col Iiris Avenue, Sunny Isles Beach, Florida 531 GO (305) 947-0606 phone (_i05) 949-311 Fax (7) The contractor agrees to report each vialatiOn to the City and Un dersLands and agrees that City will, in turn, report each violation as required to assure notification to the State of Florida, Federal Fniergency Management Agency_ and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. B. Federal Water Pollution Control Act (l) The contractor agrees to comply with all applicable standards: orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended: 33 U.S.C. 1251 ct seq. (2) The contractor agrees to report each violation to the City and understands and agrees that the Citi+ will, in turn; report each violation a5 required tc3 assure poll Ovation Lo the State ol'Florida, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency! Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in parL with Federal assistance provided by FEMA. 1.20. EOUAL EMPLOYMENT OPPORTUNITY, DurinLy the perl'orniance of this contract. the Contractor aarccs as follows: (1) The ConLrac wr will not discriminate against any employee or applicant for employment because of race. color, religion, sex, sexual orientation, gender identity, oi-naLional origin. The Contractor will take aflirinativc action io ensure that applicants are ernployed; and that employees are treated during employment without regard to their race; color, religion, sex, sexual orientation. gender idcnfilly, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or Lrtnslcr_ recnrilmunt or recruilmcnt advertising; layoff or tcrinination_ rates of pay or other farms of compensation; and selection for training, including apprenticeship_ The contractor agrees to past in conspicuous places. available to employees and applicants for employment. notices to be provided setting forth (lie provisions of this nondiscrimination clause. (2) The contractor ►will, in all solicitations or advertisements for employees placed by or on behalf of the contractor; state thtu till gtttillfied applimuiLs will receive consideration for employment without regard to race, calor; religion; sex, sexual orientation. gelider identity. or national origin. .. (3) The contractor will send to each labor union or representative of workers ,,with which he has a calleclive bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives or (lie contractor's 68;0-093 rIRC RNIERGENC:Y 517RVrCrS; LLC 9 Qr of SnnRy .isles Beach 18070 Collins Avenue, Sunny Isles (leach, Florida i 33 160 (30:5) 947-0606 phone (305) 949-321 13 Fax commitments under this section; and shall post conies of the notice in conspicuous paces aVailable. to Cmp]oyces and applicants f'or cmpl037111cm. (4) The contractor WilI comply with all provisions of Executive Order 11246 of September 24. 1965, and of the rules, regalations, and relevant orders of the Secretary of Labor. (5) The: contractor will furnish all information and reports required by 1 xectltive 0.1 -der 11246 of September 24, 19657 and by rules, reguladons, and orders of the Secretary of Labor, or purstaam thereto. and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the, nondiscrimination clauses of this contract or with any of'the said rules. regulations, or orders, this contract may be canceled, terminated, or suspended in wilt)le or in part and the contractor lnay be declared inclieible for further Gowrnment contracts or federally assisted construction contracts in accordance with pro oedtires authorized in Executive Girder 1 1246 of'September 24, 1965, and sttcla otbor sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 196.55, or by rule, reg? Llatinn, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of flic scnlenc:e imrnediatcly preceding, paragraph (l) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of- the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such previsions will be binding upon each subcontractor or vendor. The contractor will take such action with rz5pec1 to any subcontract or purclt;tsc outer as the administering agency ma;+ direct Lis a means of enforcing such provisions, including sanctions florynoncompliance: provided, however; that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vender as a result of such direction by the administering agency; the corotractsrr may recluo:st ilii United States to eater into such lititatiun to protect the interests of the United States. 1.21. SUSPIIiNSION AND l'7 RHARMIRNT. During the perliannance of this contract, the Contractor agrees as Iullows: (1) This contract is a covered transaction for purposes of t CFA, pt. 180 and 2 C.P.R. pt. .3000. As such the contractor is re yuircd to verify that mono of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.90) are excluded (defined at 2 C.F.R.§ 180.940) or disqualified (defined at 2 C.P.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180; subpart C and 2 C.F.R. pt. 3000, subpart C and ,Aust include a requirement to comply Avith these re¢ulatians in any lower tier covered transaction it enters into. 6810-643 DR{. ENIE".RQE NCY 'SERVICES. LLC: 10 Qr ot'SunnY Isles Beach 18070 Collins Avenue, Sunny Isles 1.1each, f lorida ii 160 (305) 947-0606 phonL (305) 949-3 1 13 Fitx (3) This certification is a material representation of fact relied iipon by the City of Sunny ISIe Beach. if it is later detennined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C. in addition to remedies available to the City Of Sunny Isle Beach. the Federal Government may pursue available remedies, including but 1101 limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt, 180, subpart C; and 2 Cl R. pt. 3000, subpait C while this offer is valid and thrntrOhout the period of any contract that may arise ftom this oiler. The bidder or proposer further agrees to include a provision requiring such compliance in its lover tier covered transactions." 1.22. BYRD ANTI -LOBBYING AREINDMENT. Contractors who apply or bid for an award of ►100;000 or more Shall Ii le the. reCiuired tvrtificat ion. Each tier ctrti5cs to the tier above that it will not and has not used Federal appropriated funds to pay any person or or for influencin' or attempting to influence an officer or employee• orf' any agency, a member of Congress, oilicar or cniployce of Congress, or an employee of a member of Conies in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C:. 1352. Fach tie %hall also disclose any lobbying xvith non -Federal lands that takes place in connection with obtain ino any I ederal award. Such disclosures are forwarded fi•oin tier to tier up to the recipient. 1.23. P1t0(1Jl2F.MF.NT OF 1IF"COVF:I2ED MATERIALS. In the perlonnance of this cAmn act; the: Contractor shall make maxiinUM use of products containing rccovered materials that are GPA- designated items unleSs the product cannot he acquired; (1) competitively within a timeframe providing for compliance with the contract performance scho;dulc: (2) tneeting contract performance requirements; or (3) at a reasonable price. 1.24. AUDIT. The Contractor shall make available to the City or its representative all required financial records, associated with the Agreernent fora period ol'three (3) years. 1.24. •NON-DUSCrtl'MI± ATION. The Contractor agre-e•S to comply with all local and state civil rights ordinances and with 'Title V7 of the Civil Rights Act of 1984 as amended, Titl{: Vllt of the Civil Might, Act of 1468 as amended; Title I of the. Housing and Community Development AGt of 1974 as amended: Section 304 of the Rehabilitation Act of 197 .1, the Americans with Disabilities Act of 1440; the Ave Discrimination .Act of 1975, Executive Order 11063, and with Extcutivc Order 11248 as amendod by EXccutiVC Orders 17 375 and 12086. The Contractor will not discriminate• against any employee or applicant For employment bcc uisc of• raoc, color, creed, religion, ancestry national origin, sex, disability or other handicap; age; maritaUflnnilial SIMS, or stains with rca, rd lu public assistance. The Contractor will take affirmative action to insure that all employment practices are fico 1•rom such discrimination. Such cmplOViriont practices inctudc but are not limited to the followinv, hiring, upgrading; demotion; transfer; recruitment or recruitment advertising, layoff. termination, rates of pay or other forms of compensation, and selection for training; includinp- apprenticeship, 6830-0.9DRC EMERCENcv--NrRvr{:P.s, 1.1.{' ll (71Y oj'SunnY Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (303) 949-3113 Fax The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City Setting forth Lbe provisions of this non- discrimination clause. The Contractor agrees to comply with any Federal regulations issued Pursuant to compiiance with Section 504 of the Rehabilitation Act of 197.3 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 1.26. CON Fli.1C T OF INTEREST. The Contractor agrees to adhere to and be governed by the Miami -Dade Courrey Conflict of Interest frdinance Section 2-11.1, as amended; and by Chapter 33 of the City of Sunny Isles Beach Code of Ordinances, which are incorporated by reference herein as if fully sot forth herein, in connection with the Agreement conditions hereunder. The Contractor covenants that it presently has no interest and shall stat acquire any interest; directly or indirectly which should conflict in any manner or degree with the performance of Services under this Agreement. The Contractor Amher covenants that in the perforntance of this .agreement, no person having any such interest shall knowingly be employed by the Contractor. The Contractor guarantecs that he/she has not offered or given to any member o31.. delegate to the Congress Of the 1.lnited States, any or pan OHMS contract or to any benefit arising therefrom. 1.27. INDEATN"iFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted by law, the Contractor agrees to indemnify and hold-hannless the City, its agents, representatives, officers, directors, officials and employees front any' claitns, liabilities, damages; losses and costs, including, but not limited to, reasonable attontey fees to [lie extent cause, in whole or in part; by the professional negligence. error or omission of'the Contractor or persons employed or utilized by the Contractor in performance of Services under this Agreement. Contrtctor shall at all tithes lier'eafter iMein nifi', hold harmless and, at the City's option; dei'end or pat' for an attorney selected by the City to defend City, its averts. representatives, officers, directors, officials and employees from and against any and all causes of action, demands, clainis, losses, liabilities and expenditures orany kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by (lie intentional or negligent act of., car omission of ConlriteLor. including those of their employees, agents, servants, or officers, or accruing, resulting from, or directly related to the sub,jcct matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or cau,es of action of any nature, whatsoever resultinsy from injuric% or damages sustained by any, person or property. In the event any lawsuit or other proceeding is brought against City by reason of any such claim. cause of action or demand, Contractor shall upon written notice from City, resist and defend such iaWsuit Or proceeding by counsel satisfactory to The provisions and obligations of this Sowion shall survive the expiration or earlier termination of'this Agreement. To the extent considered necessary by City; any sutra due Contractor under this Aareemem may be retained by City until all or City's Claims for indemnification pursuanL to this f'igreement have been settled or otherwise resolved; and any amount withheld shall not he subject to ptivmrnt of interest by City. The patties agree that One 1 lundred Dollars ($100.00) represents specific consideration. to the Contractor for the ind minification set forth in this Agroement. 68.30.093 DRC rn4r•.Rtil'•.NCY SERV'rCES.. LLC 12 City of Sunny Ales Beach 18070 Collins Avcnuc, Sunny isles Beach, Florida 33160 (305)) 947.0606 phono (305) 949-3113 Fax 1.28. ACCESS TO RECORDS. The fibilowing access to records requirements apply to this contract: (1) The contrttctor agrees to provide Florida Division of Emergency ManaLement, 'fhe City of Sunny.lsles Beach, the FMMA Administrator. the C.omptrolier General of the United States; or any Ol'their authorized representatives access to any books, ducunicnts, papers: and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations,, excerpts, and transcriptions. (2) The Contractor agrees to per7nit any of the fbrceoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. Q t) The contractor agrees to provide the FP..MA Administrator or his authorized re prosentatives access to construction or other work sites pertaining, to the work being completed under the contract." 1.29. DHS SEAL., LOGO, AND FLAGS. The contractor shall not use the IN US seal(s), logos, crests, car reproductions cif hags or likenesses of DHS agency ofyicials withOLlt specific FEMA pre- approval. 1.30. CU1V1PL!_AitiCE W1T1I LAW. Contractor shall comply with all laws, regulations and ordinances of anv federal, slate, or local govrrmne-Mal authority having jurisdiction WiElt respect to this Aarecrrtent (` Applicablc Laws') and shall obtain and maintain any and all material permits. licenses, approvals and consents necessary for the. lawful conduct ul'the activities contemplated under this Agreement. 1.31. COP4 PI..IANC K WITH FI -A) ;RAI, LAW, 1tr:'_• ULATiONS. AND EXECUTIVE ORDERS. This is an acknowledgement that 1'I -;MA financial assistance will be used to fund the contract only_ The conn -actor will comply will all applicable federal law, regulations; cxceutive orders, FEMA policies, procedures, and directive:. 1.32. PROGRAM FRAUD AND FALSE ICOR FRAUDULENT STATEMENTS OR RELATBD ACTS. The contractor acknowledges that �1 Ii.S_t~_ C. hap_ iR (Administrative Ttemedies for False: Claims anti Suttenienls) applies to Elie contractor's actions pertaining to this conEract. 1,33. NO ()B1.it,:AT] ON 13Y IfF 1)ERAL GX)VERNMENT. The Federal Ouvernmcnt is not a party to this contract and is not subject to ani+ obtip-inions or liabilities to the non -Federal entil_v, contractor, or ant• other party pertaininkl 10 arty matter resulting From the contract. 1.34. CONFLICTING PROVISIONS. In the event of a conflict between the C:onp'acl Mcuments or any amhiguity or missing, speei(wations or instructions contained in this Agreement, Scaled [aid No. 18-04-02, and t;ontractorls Ilesponse to Sealed Bid No. 18-04-02, the l"ollowing priority is established: 6810-093 DRi: 1:tv11_R(i]TtiCY SERViCE4. LLL: li Qp r1,f.SuotMj Isles Deitch 18070 Collins Avenuc, Sonny Isles Beach, Florida 33164 (305) 947-1605 phone (305) 949-31 l3 Fax i. This Agreement ii. The terms and conditions of Request for Proposal 18-04-07 iii. C'ontractor's Rcspunse to Rec7ueSt for Proposal 18-04-02, attached hereto as Attachment "A''. 1.35. 1VUSCELLANEOUS. A. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the pfrties with the same CII' t as though the void or unenforceable previsions had been severed and deleted. B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes, C. This Agreement sliall consthLte the entire agreement bCLWCCn the parties with respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations, c -o nmitinents, agreements and understandings relating hereto. D. Any modification of this Agreement shall be effective only if in writing and signal by the parties to this Agreement. I:.. No waiver of any provision cif this ASYmment shall be. valict or enforceable unless suc.11 waivcr is in writing and signed by the party granting such waiver_ [Reinainder ref pa a rnlentioually left blank] 6630-03 ORC: EMERGENICY SrRv1CPS, I.I.C: 14 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 917-0606 phone (305) 949-3113 Fax IN'U4'I TNESS VMEIREOF, the parries hereto have executed this Agreement is triplicate on the day and year first written above_ WITNESS: $11))J& SiBnataxe ..._..� rim ryarma ATTEST: 3 By. ta u rei2,'o et; BY. Department Head City Clerk 683M93 DRC EMMGENCY SERVICES, LLC IS DRC EMERGENCY SERVICES, ILC &-.. - riI.i~sy seVice President/ SecretarylTreasurcr CITY OF SUNNY ISLES BEACH BY: _ Christopher J. nsso, City M ager APPROVED AS TO FORAM AND LEGAL SUFFICIENCY [I PRICE PROPOS AL Please sec the following attached: • Attachment A Price Proposal • Bid Submittal Form • Qualification Statement ■ ]tion-C@Iusion Affidavit • Public Entity C=rimes • Equal Opportunihrj Affirmative Action • Conflict of Tnte.rest • Dispute Disdosure + ;anti -Kickback + bid tionci (SRC E nergenvy Services. LLC RFP No 10.04-M tiff} 4F swA IM SCHEDULE 1 LABOR CATEGORY HOURLY LABOR RATE � (Operations Manager nd C..I1 Truck Crew Foreman wiCell Mane & I Ton Fquip, Truck w/smnll rools and 7$-00 rnisc. Supplies hL support al-cre.► 1.3. Tree Ciimher! Chainseri• and G.csr 4 90 oo $ 45.0 - --- $ +45.00 1.4. I.ahorer m-lChainsaw and-Mmir -�' •� Laborer w) Small Tools, Tra(Ylr Control, or Flag Person 115. Bonded and Certified Security Personnel $ 85-00 L7'I HrItS NUI' 1..15.11..'.1) IN UkROH CATEGORY . PLEASE LIST NSA BEL01V71 , :•+.. $+u14E1311LE 2 LUAJI)I G, Ri.nUC;ING AND HAULING CATEGORY PER 1; t)t3IC YARD Z.11. Vegetative Debris Rkmaval (batted nn $ection 3.9) Fork consists of the collection and Iransporiation of eligible vegetative debris on the ROW or public properi", to a Ciry approvedciebTis management site (DMS) or City approved final 9.49 disposal site. This proposed rate Shall apply Lo Rcrnoval of Debris #ions City Parks & Facilities. C&D Debris Removal (based on Section 3.10) �r — 2.2. Wcark consists o the collection and tmnsportation of eligible 10.99 C&D on r11e ROW or public property to a City ilpproved debris mann e-menr site (DMS) or Ciry approved final disposal site. I_ City of Sunny Isles Beach IRFP Disastcr Debrls Management and disposal Services 18-04 02 DRC Ease geney 5envlms, LLC 41 RFP Mc. 18-04-03 -- . fr n1 SUK rr 0 N_ I; LJ 0 0 1 >_.3. DMS Operation and Debris hisinagement and Reductian (based on Scetion 3.18) Work consists of managing and operating DIMS f6r acceptance.• *' veg only per rnawtgernent, and reduction or eligible CLCD and VQCLative $ x,9.5 gdd�,ndum 01 disaster related debris. Management and Operarion of a Temporary Debris Staging and Reduction Sitc pur incnrning Cubic Yard. 2.4• Mileage for Haul -out to Final Disposal Site within 2-5 tulles front DIN4S (based on Section 3.19) Work consists of rransporting eligible disaster related drhns to a Lit) approved final disposal site within 25 Mites from the $ � �$ DMS. Distance is measured as the crow !lies and rt,unded to the nearesr mile. z_;• 26-50.9 Miles $ 2.G. 51=D9iles $ 10.95 r Removal of Hazardous Trees and Limbs (based on Section i 3.14) Work consists of removing eligible hazardous trees or t limbs and placing them on the safest possible location on the 85.00itree for dangerous �'7' City ROW for collection tinder the temis and conditions of hanging limbs Scopc of ServiccS Mein 2, Vegetative 1)ehriS Removal. Sizes 2LS follows: .._ 6 inch to 23.99 inch diameter each _—, 9D•OD 2.8. 24 inch to 35.99 inelt diameter each $ 190. 0 36 inch to 47.99 inch diameter each $ 315.01) t9 48 incl( and larger diatmter each $ 425.04 2.l]. Removal or Harardaw Stumps (Based on stiction 3.15) Rate includes removal, backfill of sturrtp hole; reducritm, and �.tz. final disposal, Sizes as follows: 24.1 inch to 36.99 inch � 250.00 diameter 37 inch to 48.99 inch diameter 550.00 — - _ - Y J City or Sunny Isles Beach I RFP Disaster Debris Management and Disposal Services 18-04.02 1 0 WIG Emalgency SemceS, LLC 8 kFP NO. 1"4-02 t 49 inch and larger diameter grip pp x.ta. Household Hazardous Waste Removal, Transport, and Disposal (based ren Seciion 3.11) work consists of the collection, transportation, and disposal of household 5 9.95 hazardaus waste from the ROW to a City approved permitted hazardous waste facility or MSW type I landfill City of Sunny Isles Gear h RFP' Disaster Debris Management and tisposal Services 18-04-02 DRC EmarnanW 9crAw.u, LLC 83 Iirr ivo. f Doo -02 .F"r or SUN " PER POUND -W C"P of sU. 1x v e 8 1 a 1 a A i1 s City of Sunny Isles Beach JRFP Disaster Debris Management and Disposal Services 18 -Dpi -02 OP.0 Emergency SoMcos. LLC 94 RFP No. 1"4-02 EQUIPMENT TYPE (OR INDICATE ' SCHEDULE 3' EQUIVALENT) WEATHER LEASED 'HOURLY LABOR RATE WITH OPERATL� L. CATEC011111!r 0R I%)W MeD 50' Bucket Truck —� . T S 275.00 — 3.1. --- teased � S ti50.OD 3.2. Dozer, Tracked, 03 or Equivalent I fE LPased 3.3. Dozer, Tracked, Df4 or Equivalent Lid s 3.4. DurnpTruck, 15 +f- CY S 110.0D Leased 3.5. Dump Truck, 20 +j- CY I S 12500 Lum,ed 3.6. Dump Truck, 38 +f- CY S 1's�.exl Lca sed 3.7. 100 KW Generator S 72 Leased -DD 3.8. 300 KW Generator Leased '` ?°5.00 3.9. - Soo KW Generator S 355.013 A Leased $ 645.04 3.10. 1000 KW Generator leased I 3.11. Light Plant with Fuel and Support $ 100.00 Leased 3.13. $ 260.O0 Gradere w/ LZ" Blade (Min. 30,000 LB) Lowboy Trailer w1 Tractor teased 3.13. ownPd or Lemed ^� $ $ 150.00 251}.013 3,14. Mobil Crane up to 15 Ton Pump, 95 HP (Mi inimu' Intake teased $ 250-W 3.15. and 200' Discharge to Include Fuel r eased and Support Personnel) 3,16, Single Axle Dump Truck, 5 —12 cu. S 100.00 y& I ea$ed 3.17. 753 Bobcat Skid Steer Loader with Ovmrxf or Luase:if i3a•pq debris grapple Owr%L!d UI Leaseds 40.E 3.18. Pickup Truck, 1 Ton unrn nn=.d _ 3.19. Skid -Steer Loader, 1,500 Lia Is 135.00 Operating Capacity (w{ utility P mored ew Leamd ra le ' City of Sunny Isles Beach JRFP Disaster Debris Management and Disposal Services 18 -Dpi -02 OP.0 Emergency SoMcos. LLC 94 RFP No. 1"4-02 r4 Dr S'JN 1" 3.20. Skid -Steer Loader, 2,500 LIS S 145.00 Operating Capacity (w/ utility Owed or Leased grapple) 3.21. Compact Track Loader, 1,500 LB 135.00 Operating Capacity (w! utility (hvnedar leased grapple) 3.22.Compact Tracie Loader, 2,500 LB S 145.00 operating Capacity (wl utility Owned or Leased --grapple) 3.23. Tub Grinder, goo to 1,D04 HP $ E95.OD Leased $ 1$5.00 3,24. Hydraulic Excavator, 1.5 cy (w} thumb) Leased 3.25. Hydraulic Excavator, 2.5 cy (wj $ 195.00 thumb) L rlFliEd 3.25. Flatbed Truck Ownw or Leased $ 140.00 3,27, Articulated, Telescoping Scissor S 145,00 Lift for Tower, 15 hp J 37 R. lift 'y d 3.28. Water Truck, 2,500 gal (Non- — 5 125.OD Potable, Dust Control and 1 cased Pavement Maintenance �- 3.29. Wheel Loader, 3 CY, 152 HP S 200.00 Leased 3.30, Wheel Loader, 4.0 CY, 200 HP $ 2s0.nn Leased 3.31. Wheel Loader, 1.5 ICY, 95 HP $ 195.00 Leased 3.32. Tandem Axle trump Truck, 15 – 20 $ 12s.O0 cu. yd. Leased 5 135.00 3.33. ' Tandem Axle Bump Truck, I1– 30 cu, yd. Lviiwd 3. 4. Handfed chipper S 245.OD leased OTHER 1TUNIS ftiOT LISTED IN EQUIPMENT CATECORY - PLEASE NIA 1.1ST 111A.01V Reduclion of C&DlMixed Debris at DIN IS 3.35. Manage DMS and grind C&D1Mixed ebris 54.501CY 3.3E. Manage OMS and compact C&D1Mi ted Debris $2.751CY ICity of Sunny isles Reach I RFP Disaster Debris Management and Disposal Ser-viti?s 1$-04.02 DRC C Merguw4y 5ervio°6, LLC: O. ] RFP No. 15-04-GZ e e a v a 0 v 0 s a ivµ SCHEDWX A`+ NEEDED - ADDITIONAL SERVICES 4 130.00 UNFIT RATE 4.1, Murine Debris Removal Per (:Y 4,2. Removal of Abandoned Vehicles - Per Vehicle $ 330.00 $ 4.95 4.3, Dead Animal Carcasses - Pcr Pound 4,4. White Goods - Per Unit S 67.50 $ 4.5, Residential Drop-off Sites - Per C4' 9.99 4.6. E -%%taste - Per Unit �+ 05.00 _—...._.,....I Authorized Sii Executed by: (Type or print name) City of Sunny Isles beach IRr-P Disaster Debris Management and Disposal Services 18.04-02 DRC Erwvgr y 54�kus, Uc 86 RFP No. 9 afi4 d02 s i ----....- - --- - "`> Or guy ► DELIVER TO; REQUEST FOR PROPOSC'AL OPENING—i City of Sunny Isles Beach SECTION $ Thursday, May 10, 2018 2:30 PM City Clerk BID SUBMrITAL FORMS 18070 Collins Avenue Sonny Isles Beach, FL 33160 PLEASE QUOTE PRICES, LESS TAXES, FOR THE CITY OF SUNNY ISLES 8EACH, FLORIDA NOTE: City of Sunny Isles Beach is exempt from all taxes (Federal, State, and Local). Bid price should be less all taxes. Tax Exemption Certificate Furnished upon request. Issued by: Purchasing Agent Date Issued_ This Bid Submittal Consists of Genesis Cuevas 04/25/2018 Pages 44+ Sealed bids are subject to the Terns and Conditions of this Request for Proposal and the accompanying Bid Submittal. Such other Contract provisions, specifications, drawings or other data as are attached or incorporated by reference in the Bid Submittal, will be received at the office of the City Clark atthe address shown above until the above stated time and date, and at that time, publicly opened For furnishing the supplies or services described in the accompanying Bid Submittal Requirement. RFP 18-04-02 DISASTER DEBRIS MANAGEMENT AND DISPOSAL SERVICES Pr t7ur+emenf Aaent., Firm Name., Genesis Cuevas DRC Emergency Services, LLC Commodity r!alsJ: -- RETURN ONE ELECTRONIC COPYIFLASHDRIVEOR CD) ONE ORIGINAL AND FOUR �7JalE5 OF BID SUBMITTAL PAGES AND AFFIDAVITS FAILURE TO SIGN PAGE 47 OF SECTION G BID SUBMITTAL WILL RENJ)FR YOUR BID NOW RESPONSIVE City of Sunny Isles Beach I RFP Disaster Debris Management and Disposal 5enrices 18-04-C ORC E mer; eacy Beru kes, U0 RFP No. 1&rrK114 87 B v a e BID SUBMITTAL FOR: ACKNOWLEDGEMENT OF ADDENDA INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES PART I; LIST BELOW ARE THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED Ifs CONNECTION WITH THIS BID f Addendum #1, Dated 5 Addendum #Zr Dated Addendum #3, Dated Addendum #4, Dated Addendum #S, Dated Addendum #Gr Dated Addendum #7r Dated Addendum #8r Dated - PART Ii: _ .. —.. ._..... - NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID FIRM NAME: !?IAC 1'si1)er ency l oices, I,IX AUTHORIZED SIGNATOR VATI=: b/CI/ 100 TITLE OF OFFICER: Vice President/Secretary/1'reasurer City of Sunny Isles Beath I RFP Disaster Debris Management and Disposal Services 18.04.02 F.F. j�- _.._ _ _ �Irr or SUN ►" BID SUBMi[TAL FORM g Bid Title: DISAST€R DEBRIS REMOVAL AND DISPOSAL SERVICES Ij��► The undersigned Contractors proposes and agrees, if this Bid is accepted, to enter into an agreement with The City of Sunny Isles Beach to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. e The Contractors accepts all of the terms and conditions of the Advertisement and Instructions to Contractors, including without limitation those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for gp days atter the day of Bid opening. The Contractors agrees to sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within ten days after the date of the City's Notice of Award. In submitting this Sid, the Contractor represents, as more fully set forth in the Agreement, that: - The Contractor has familiarized himselfJherself with the nature and extent of the Contract Documents, Work, locality, and all local conditions and Law and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. • The Contractor has studied carefully all specifications and requirements - The Contractor has given the City written notice of all conflicts, errors, discrepancies that it has discovered in the Contract Documents and the written resolution thereof by City is acceptable to the Contractor. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; the Contractor has not directly or indirectly induced or solicited any other Contractors to submit a false or sham Bid; the Contractor has not solicited or induced any person, firm or corporation to refrain from Bidding; and Contractor has not sought by collusion to obtain for itself any advantage over any other Contractors or over the City. The City and the successful Contractor will establish completion times for each individual Work Item and the successful Contractor agrees that the work will be completed within the time frames agreed upon and stipulated in the individual Purchase Orders and/or Notice to Proceed. City of Sunny Isles Beach I RFP Disaster Debris Management and Disposal Services 18-04-02 ORO EmsFqeacY $Cr rc4s, UC 89 RFP MD. la -04-02 PI 0 Ifirm game: DRC_ Emergerey Services, L1C Street Address: 110 Veterans Boulevard, Suite 515, Metairie, LA 70005 Mailing Address (if different):Same as above. aTelephane Nn. (F.98) 721,4372 Fax leo. {504) 482-2852 Email Address: , Kjuentrs"clwimaxom FEIN fro- 2j 3 7 * By signing this document the proposer ' eef to all Terms & Conditions Signature, � � � ! 1. r 'I s {Signature of authofi a�9e ) yv Print Name: Krisiy Fuentes Title: Vice President/Secretary/Treasurer THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF CONTRACTOR TO BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE'SHALiL 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 CONTRACTOR TO THE TERMS OP ITS OFFER. City of Sunny Isle5 Beach I RFP Disaster Debris Managernent anti Disposal Services 18-04-02 90 0 Ht. 0 v —. .-- _ . "4 4F SuIS F'. Section 7 QUALIFICATION STATEMEW Submitted By: DRC Emergency Services, LLC Name, Krjsty Fuentes Address: 110 Veterans Boulevard, Suite 515 ,.__.,... City, State, Zip Metairie, LA 7005 --- Telephone No. (sss) 721-4372 — — Fax No. (304) 482-2852 Check one: ❑ Corporation Q Partnership ❑ Individual x❑ Other 1. Indicate registration, license numbers or certificate numbers for the businesses of professions, which are the subject of this Bid. Please attach certificate of competency and/or state registration, Florida Contractor's Licerwe No: CRC1331307 Secretary of Sl1tC Certification/ Divisions of Corporations Registration Number: M05000003946 2. Have you everfailed to complete any work awarded to you? if so, state when, where and why: 3, Slate the names, telephone numbers, emails and last known addresses of three (3) owners, individuals or representatives of owners with the most knowledge of work which you have performed and to which you fefer (governmenl owners are preferred as references). City of Sunny Isles Beach IRFP disaster Debris Management and Disposal Services 18 -04 -OZ ORC t:rraginq Servzes, LLC 9.1 RFP No. 18-04-02 F11 Maeiv NU31C7.. 1290 NM 20th Strcct, Magni, F1.33142 (305} 960-2$04 David Parsons 1149 Pearl Sired, Be urnom, TX 77701 – -- ----_ _ (409) 835-8599 Mike EnIL)vv 42077 Churehpoint Rt -00d, GUMAL-5, LA 70737 (225) 450-1326 D4. The List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). ESRC, it_S Subcontractors, and/nr list among their accomplishments, membership in }personnel professional organizations including, NEMA, APWA, SWANA and the Society of American Militan, Engineers. pJeaSe sCe Tali 7_for r,iore. dela led infornualie n on Kv Personnel. _ 5. Stale the name of the individual who will have personal supervision of the work-. Joe Newman, Vice President of Operations 6. Statp the names.and addresses of all businesses andlor individuals who own an Interest of more than five percent (5%) of the Offeror's business and indicate the owned of each such business andior individual: percentage DRC is % holly owned by DRC Equity, LLC, DRC Equity, LLC is located at 6702 Broadway Street, GaIve5io , T X 77715; 7, State the neme of Surety Company which will be providing the bond, and name and gent: address of agent-- The Hardnrd _- Bruce Huffbines -_— Dallas Contract Surety Manager 30001niermA BOU14-vard, Suite 60n, F risrn, TX 75034 _ City of Sunny Isles Beach I RFP Disaster Debris Managenient and Dispo5a I Services 18-04-02 r oRG EMereer+cy 5eMCAS, LLC 92 RFP No. tS-04-02 0 e 0 0 0 v 0 s e i e t e �+��CF suri I"— 8. Attach a financial statement including Contractor's latest balance sheet and income statement showing the fallowing items; a) Current Assets (e.g., cash, joint venture accounts, accounts receivable, nates receivable, accrued income, deposits, materials, real estate, stocks and bonds, equipment, furniture and fixtures, inventory and prepaid expenses): b) Net Fixed Assets c) tither Assets d) Current Liabilities (e.g., accounts payable, notes payable, accrued expenses. provision for income taxes, advances, accrued salaries, real estate encumbrances and accrued payroll taxes). e) Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares per values, earned surplus, and retained earnings)_ 9. State the name of the firm {preparing the, financial statement and date thereof: lJliermm5ky & Mair -res, PI.I:C 11. Litigation/JudgementslSettlements/Debarments}Suspensions — Submit information on any pending litigation and any judgements and settlements of court cases relative to providing the services requested herein that have occurred within the last three (3) years. Also indicate if your firm has been debarred or suspended from bidding or proposing on a procurement project by any government entity during the last five (5) years. Please see attached. City of Sunny Isles Rt arh JRFP Disaster Debris Management and Disposal Services 18-44-02 1 DRC €rmnjency ServkLa.! ! C RP R No. I H -M -W 93 0 0 1 G J 7-- t e t STATE OF FLORIDA ] CQVNTY OF Jefleregn Parish The undersigned being ftt duly swam a1r provided by law, deposes, and says: This Atidavit is made with the knowledge and 'rnient thP1 H is to be filed with the City of Sunny Isles Beach City Commission lrnd t,'1ai fl w1U be raliad upon by said County. in any canslideration which may give to and any eciion it may tate with respect to This RFP. The undersigned is authorized to make this Affidavit on behalf of, DRC Emergency Services, LLC (Nance o Corporation, Partnership. Individual, e1c.) a Limited Liability Company , formed under the lays of Alabama (Type of Business) (Slate) of which he is Vice PresidenilSecretaryfTreasurer (sols Owner, Pariner, President,eic.) Nefiner the undersigned nor any person, firm, or corpoWion narnod atlave nor anyone else to the knrnviedge at the undersigned, have fnem9elwe5 soliatt=_d or employed anyone else to solicit favorable aclion :or this RFP by the City, also That no head of any daps #mens Or em{llOyee iheretn, or any officer of the City fl1 Sunny Islas Beam, Flarida is directly interested therain. This RFP is genuine end not milusive or a sham; the person, ff.m or corporation named above has not ualtuded, conspiled, connived or agreed dlrecAty or indiredly, with any proposers or person, firm ar corporation, to pull in a sham RFP, or that SuCh person, firm or corporation, shell refrFin from Binding, and has not in any manner, directly or indirectly, saughi by agreement or cattusion, or Cor1L'ilunicatio•'1 or Conference with any psrsnn, firm or oorportion, to fix the prices 61 61.1d Bid or Bids 01 any other prapatom; and all statements rzlntained in the RFP or RFP's de5rdbed ahove true; and t,,rther; neither the undersigned, nor the person, nm1 or corporation named above has dirCCUy or indirectly submitted 5vid RFP or the consents thereof, or divulg inforTn0on or lative thereto, to any associaiion or to any member or agent thereof. Klisty Fuentes Vice President/Secr-sta reasur &P AFFIANTS NAME AFFIAwrs TITLE TAKEN, SWORN AND SUBSCRIBED TO BEFORE ME this —day of _ _ a 21118 Persanany 15no- .1 or Produced Identiicaiion Typ' of idenfifita=Jon (Affix seal here) AY Ab DES RO CHES NOTARY PUBLIC State of Louisiiarta, Bar No. 19550 My Conimisaion is for life 1814Y PUBLIC (name prided or typed) 1of10 115 NON -COLLUSION AFFIDAVIT City of $unny Isles Beach - 16070 Callin 5 Aveaue r tir .�� a�►'�� ..`' S.rniy 15165 R8-ich, F I 33160 �i+� TrlGplresat.(30j)947-OW5f•(MS) 949-3113 STATE OF FLORIDA ] CQVNTY OF Jefleregn Parish The undersigned being ftt duly swam a1r provided by law, deposes, and says: This Atidavit is made with the knowledge and 'rnient thP1 H is to be filed with the City of Sunny Isles Beach City Commission lrnd t,'1ai fl w1U be raliad upon by said County. in any canslideration which may give to and any eciion it may tate with respect to This RFP. The undersigned is authorized to make this Affidavit on behalf of, DRC Emergency Services, LLC (Nance o Corporation, Partnership. Individual, e1c.) a Limited Liability Company , formed under the lays of Alabama (Type of Business) (Slate) of which he is Vice PresidenilSecretaryfTreasurer (sols Owner, Pariner, President,eic.) Nefiner the undersigned nor any person, firm, or corpoWion narnod atlave nor anyone else to the knrnviedge at the undersigned, have fnem9elwe5 soliatt=_d or employed anyone else to solicit favorable aclion :or this RFP by the City, also That no head of any daps #mens Or em{llOyee iheretn, or any officer of the City fl1 Sunny Islas Beam, Flarida is directly interested therain. This RFP is genuine end not milusive or a sham; the person, ff.m or corporation named above has not ualtuded, conspiled, connived or agreed dlrecAty or indiredly, with any proposers or person, firm ar corporation, to pull in a sham RFP, or that SuCh person, firm or corporation, shell refrFin from Binding, and has not in any manner, directly or indirectly, saughi by agreement or cattusion, or Cor1L'ilunicatio•'1 or Conference with any psrsnn, firm or oorportion, to fix the prices 61 61.1d Bid or Bids 01 any other prapatom; and all statements rzlntained in the RFP or RFP's de5rdbed ahove true; and t,,rther; neither the undersigned, nor the person, nm1 or corporation named above has dirCCUy or indirectly submitted 5vid RFP or the consents thereof, or divulg inforTn0on or lative thereto, to any associaiion or to any member or agent thereof. Klisty Fuentes Vice President/Secr-sta reasur &P AFFIANTS NAME AFFIAwrs TITLE TAKEN, SWORN AND SUBSCRIBED TO BEFORE ME this —day of _ _ a 21118 Persanany 15no- .1 or Produced Identiicaiion Typ' of idenfifita=Jon (Affix seal here) AY Ab DES RO CHES NOTARY PUBLIC State of Louisiiarta, Bar No. 19550 My Conimisaion is for life 1814Y PUBLIC (name prided or typed) 1of10 115 4 � RA. PUBLIC ENTITY CRIMES City of Sunny Isles Beach T 16010 Collins Avenue •i "'•r,o+•e +' Sunny Wesesew,FL33100 (3051907.4496 Far:i305)940-31 13 SWORN STATEMENT PURSUANT TO SECTION 287,133(3)(a) FLORIDA STATUTES, ON PUBLIC ENTIITY CRIMES PUBLIC ENTITY GRIMES Pursuant to the provisions of paragraph (2) (a) of Section 287.133, Florida State Statutes - "A person or affiliate who has been placed oil the convicted vandor list following a Conviction for a public entity Grime may not submit a Bid on a Contract to provide any goods or services to a public entity, may not subrn]t a Bid on a Contract with a public entity for the construction or repair of a public building or public Work, may not submit Bids on leases of real property to a public entity, may not be awarded to perform Work as a Contractor, supplier, Sub -Contractor, 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 'Sec. 287.017, FS for thirty six months from the date Df being placed on the convicted vendor list-. 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 la City of Sunny Islas Beooh by Kash' items,--- Ipiraindividual's ri.m aid 011e] for DK Elrsrganq Seng M. LLC _-- -- -- Ipiat rarnn orenG[y wUnilirm svau, slatvnsnl] whose business address is: aiove.erans bunewa-d. Sure St 5. WlrVp. LA n0008 and (if applicable) its Federal Employer Identification number (FEIN}) is 1= (If the entity had no FEIN, include the Social Security Number of the individual signing this sworn statement: WA ) 2. f understand that a "public entity crime" as defined in Paragraph 257.133(1)(g), Florida Statutes, meals 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 with the United States, including, but not limited to, sny Bid or Contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state of the United States and involving antitrust, fraud, theft, bribery, callusiun, racketeering, conspiracy, or material misrepresentation. 3, 1 understand that "convicted" or "conviction" as defined in Para. 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trail court of record relating to charges brought by indictment or information after duly 1, 1989, as a result of a jury verdict, nnn-jury trial, or entry of a plea of guilty or nolo contendere. 4." I understand that an "affiliate" as defined in Para. 2$7.133(1)(0), Florida Statutes, means: a.) predecessor or successor of a person convicted of a pub lie entity crime: or b.) Any entity under the control of any naturat person who is active in the management of the entity and who has been convicted of a public entity crime. The, term 'af{iliale" includes those officers, directors, executors, 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 another person, or a pooling of equrprrrent or income among persons when not for fair 2of10 1l6 r market value under an ,arm's length agreement, shall be a prime facle 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 .Para. 157.133(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 Corrtraet and which Bids or applies to Bid an Contracts for the provision of goods or services tet by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "persons" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of any entity. 6. Based on information and belief, the statement which I have marked below is true in ralation to the entity submitting this sworn statement, (indicate which statement applies.) x Nelther the entity submitting this -sworn statement, nor any of it's officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents was are active in the management of the entity, or an affiliate of the eritity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an a ifiste of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1988. However,. there has been a subsequent proceeding before a Nearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the 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 BUBM18510N OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. ALSO UNDERSTAND THAT t AM REQUIRED TV INFORM T E PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESF At T PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF A, Y, CHANGE I H MATION CONTAINED IN THIS FORM. By. . 1 KrWy Fupra. Y.. ,..- (Printed Name) Vim PrrsidnrrJSsrataryirrrssarw (Title) — Sworn to a subscribed b fore me this day of L2D fb by �� (AFFIX NOTARY STAMP HERE) Signature; Noiary'Publid: Stat�.v#-Fforid± Print or Type Commis.—stoned Name. s_ Personally Known OH Produced Identification = - -_ GARY A'DELA=HE Type of Identification Prociured NOTARY PUBLIC 3 of 10 State of Louisiana, Bar No. 19550 MCommission is for life 117 1 6 0 0 1 u t 1 t e e t JJC EQUAL OPPORTUNITY 1 • .� _ AFFIRMATIVE ACT101 , +° ,* Ci#y of Sunny Isles Beach r'' 18676 Collins Avenue. Sunny Isles S-- Bch, R 3316D Tolophona: (303) V74=15 Fax; (305) 949-3113 EQUAL OPPORTUNITY/AFFIRMATIVE ACTION STATEMENT The contractors and all subcontractors hereby agree to a commitment to the principles and practices of equal opportunity in employment and to comply with the letter and spirt of federal, stater and local laws and regulations prohibiting discrimination based on race, color, religion, national region, sex, ager handicap, marital Status, and political affillatiDn or belief. Signed: Title: Vice President! ecretary/Treasurer Firm: DRC Emergency Services, LLC Address: 110 Veterans Boulevard, Suite 515 Metairie, LA 70005 a or 10 118 t yvHHr�trr CONFLICT OF INTEREST i •'T,� t`t9 fir= - •�•.• „ City af5unnyIsles Beach - `; 18070 Collins Avenue n_�1 ��.--• Sunny Isles each, FL 33100 TelepFmne:(305)9t7.0606Fax: (30S)9d4-31]3 prI , /t04' �ti CONFLICT OF INTEREST STATEMENT 'rhe owwcl or any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. Proposers 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 Sunny Isles Beach or its agencies. STATE OF FLORIDA C01JA1Ty OF _... BEFORE ME, the undersigned authority, personally appeared Krlty Fuentes who was duly sworn, deposes, and states: 1. I am the VPfSecretarylTreaSurer of DRC Emergency Services, LLC with a local office in w&sr Palm UpCh, IF Wida and principal office 1 in Galvegen. Texas_... • — ---- 7. The above named entity is 5ubmiltiAg a Bid for the City of Sunny Isles Beach, Bid No. 1B-04-02 _- described as Di-sm-cielirls managernern"ulspowlServices . The Affiant has made diligent inquiry and provides the inforrn8ti0n CUntaired in. this Affidavit leased upon his own knowledge - 3. The Affiant states that only one sulirnittal for the above Bid is being submitted and that :he above named entity has no financial interest 1n other entities submitting Bids Ear the same project. 4. Wither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in any cotfusion, or otherwise taken any action in restraints of free competitive pricing in connection with the entity's submittal for the above Bid, this statement restricts the discussion of pricing data until the completion of negotiations if necessary and erteCutiVrl of t:re 0pntr8Ct for this project. 5. Neither the entity nor its affiliatesr nor anyone associated with them, is presently suspended or otherwise ineligible from participation in contract letting by any local, State, or Federal Agency. G. Neither the entity, nor its affiliates, nor anyone associated with them have any potential Cor+ilict of interest due to any ,,her clients, contracts, or property interests for this project. 7- 1 certify that no member of the entity's ownership or management is presently applying for any employee position or actively seeking an elected position with the City of Sunny Isles Beach, S. I certify that no member of the entIIy's•own ershIp of management, or staff has a vested Interest in any aspect of the City of Sunny Isles Beach. 9, in the event that a conflict of interest is identified in the provision of services, I, on behalf of the above named entity, will immediately notify the City of Sunny Isles Beach, k-_ Datoo t'is L _ 2017 i Kristy Fuentes W/SecretwrylTreasurer AMAAMA14V V Print or Type -Name and Title Sworn to and subscribed before me this day of B Personally Known, OR 0 Produced Identification Type of Identification �a - NOTARY PUBLIC STATE OFf RI©A GARY , ORE RO HE • v 4 /// s of rotate of Louisiana, Bar Pio- 19550 My Commission is for life 119 i 1 DISPUTE DISCLOSURE FORM Answer the following questions by placing a "!4" after "Yes" or "No". If you answer "Yes", please explain in the space provided, or on a separate sheet attached to this form. 1. Has your firm or any of its officers, received a reprimand or any nature or been suspended by the Department of Professional Regulations o: any other regulatory agency or professional associations within the last five (5) years? YES NO X 2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a contract or job related to the services your firm provides in the regular course of business within the last five (5) years? YES NO 3, Has your firm had against it or riled any requests for equitable adjustment, contract claims, Bid protests, or litigation in the past five (5) years that is related to the services your firm provides in the regular course of business? YES X NO If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit arid the monetary amounts of extended contract time involved, I hereby certify that all statements made are true and agree and understand that any misstatement or misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of this Bid for the City or Sunny isles Beach. DRC EErlergency Services, LLCA 1 - Firm Hate Kristy Fuentes W/Secretaryffreasurer Authorised Sig nat'uti Print or Type Name and Title fi of 10 120 gaNMY +�{4J f DISPU-t'L' DISCLOSURE Cily oI Sunny Istes Beach ^'aT 1irOM Callins Avanue r;� , r l &nuiy ifts 1910.00, FL 53150 � Q+ • Q, yWo ,* TelephafP.. 303}947•0646iex: (305)949.3113 i 1 DISPUTE DISCLOSURE FORM Answer the following questions by placing a "!4" after "Yes" or "No". If you answer "Yes", please explain in the space provided, or on a separate sheet attached to this form. 1. Has your firm or any of its officers, received a reprimand or any nature or been suspended by the Department of Professional Regulations o: any other regulatory agency or professional associations within the last five (5) years? YES NO X 2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a contract or job related to the services your firm provides in the regular course of business within the last five (5) years? YES NO 3, Has your firm had against it or riled any requests for equitable adjustment, contract claims, Bid protests, or litigation in the past five (5) years that is related to the services your firm provides in the regular course of business? YES X NO If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit arid the monetary amounts of extended contract time involved, I hereby certify that all statements made are true and agree and understand that any misstatement or misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of this Bid for the City or Sunny isles Beach. DRC EErlergency Services, LLCA 1 - Firm Hate Kristy Fuentes W/Secretaryffreasurer Authorised Sig nat'uti Print or Type Name and Title fi of 10 120 1 t e 0 STATE OF FLOKIDA ANTI -KICKBACK City of Sunny Isles Beach 10070 C r.ns Avonuc Sunny Isles Beach. FL 331N Telauhane: (366) 347.0606 Fax: (305) 94 9.3113 ANTI -KICKBACK AFFIDAVIT COUNTY OF I, the undersigned, hereby duly sworn and deposed say that no portion of this sum herein Bid will be paid to any employees of the City of Sunny Isles Beach or its elected officials as a commission, kickback, reward or gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: Title! vice Presildeni/Secreiaryffreasurer e foregoingr r instru �ent was acknowledged before me this _X day of 20 by KRRy Fut!rnps [name of pe t], as vicepresiLienysecieiojyiTreasurer [typ[typeof authority], for RRC EmPrgP.Smicm. LLG [name of party on behalf of whom instrument was executed]. AFFIX NOTARY STAMP HERE: Notary Public — State lotida Print or Type Commissioned Name f Personally Known OR'Produced Identification Type of Identification Produced r of 10 121 ARY A. DES R CHES NOTARY PUBLIC Stem of Louisiana, Bar No. 19560 P,jy.C,9mmlSSIDWis for tie yuynr rtes r .o° ' - t U :Y ; •Q C•�• OI�OV � 1 t e 0 STATE OF FLOKIDA ANTI -KICKBACK City of Sunny Isles Beach 10070 C r.ns Avonuc Sunny Isles Beach. FL 331N Telauhane: (366) 347.0606 Fax: (305) 94 9.3113 ANTI -KICKBACK AFFIDAVIT COUNTY OF I, the undersigned, hereby duly sworn and deposed say that no portion of this sum herein Bid will be paid to any employees of the City of Sunny Isles Beach or its elected officials as a commission, kickback, reward or gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: Title! vice Presildeni/Secreiaryffreasurer e foregoingr r instru �ent was acknowledged before me this _X day of 20 by KRRy Fut!rnps [name of pe t], as vicepresiLienysecieiojyiTreasurer [typ[typeof authority], for RRC EmPrgP.Smicm. LLG [name of party on behalf of whom instrument was executed]. AFFIX NOTARY STAMP HERE: Notary Public — State lotida Print or Type Commissioned Name f Personally Known OR'Produced Identification Type of Identification Produced r of 10 121 ARY A. DES R CHES NOTARY PUBLIC Stem of Louisiana, Bar No. 19560 P,jy.C,9mmlSSIDWis for tie t r, 7 d Ell ;uaNr rrrs i w L = b rr�l Or 7VM '� STATE OF FLORIDA 0OUNTYOF unm.wa ) BID BOND Gity of S,anny ISIS$ BeaCh 19070 Collins Avenue 5urn,y I$lrS beach, t1 33160 3e: -phone- (3115) 947-06015 Fax: (3135) 949.3113 KNOW ALL MEN BY THESE PRESENTS, that we, pl! Emergency Services. LLC__ as Prncfpal, and Harltofe Fire Mrlicanoe G13moanv , as Surety, are held and firmly boununto the City of Sunny tales Beach, a municipal Corporation of" State of Pttlrida in the sum of ta*T'a— wlasarAQU U Dollars raw!0 money of the United States, for the payment of which sum well and truly to be made, we Hind ourselves, our heirs, executors, ndminisl;a=ars and sumsmfs jointly end severalty, firmly by these presents THE CONDITION OF THM OBLIGATION I5 SUCH that whereas the Principal has submitted the accompanying Bid dated. rrn m 2018 for: RF°r+P.16M+lr.pslert,ceq,6�W^r9e�,rmsyr 9rsy+*�S+„r�e, WHEREAS, it was a condition precedent to the suNmission of said Bid thd9 S cashier's check or Bid Hand fn ahs amount of five I)Q1 Mnt (546) of the Base (aid be Submitted with said Bid as a guarantee that the Proposers would, if awarded the Contract, enter into a written Cantract with the City to the performance of said Contract, within ten (10) consecutive calendar days ar.er written rratice having been given of the Award of the Cermtracl• NOW, THEREFORE, the tanditlans of this atdigalian ate such that it the Principal within Len (t D) 6ornsecuLive cal9ndar days after written notice at such acceptance, enter-& into a written CBnlrart vAth the City o; Sunny Isles. Beach and furnishes the Peitomtance Bond, satisfactory to the City, each In an amount equal to one hundred percent (100%) of the Contract Prir4, and prcryides all required Cadificate9 of Insurance, then Ids: obligation shalt be void, olherwtsa the sum herein slated shall be dire and payable to the City of Sunny Isles Beach and the Surety herein agrees to pay set sum Immadlately, upon demand of the City, in good and lawful money of the United $halos of Aattertea, as Ilquidawd damages for failure thereof of said Principal. IN WITNESS WHEREOF, the above bonded patties have executed this instrument under their several saals this' -On day Of M -f 20 _14, the name and the corporate seal of each corpwale party being hercm affixed and these presents being duly signed by its undersigned representative. DOGUMENT CONTINUES ON NEM PAGE DRC ergency 8 rrl IN PRESENCE OF: Individual or Perinership Principal Affix Corp t ea amzerooco: _ _ Business Address ruMm,.sxnar+ City. State, and Zip Cede trek)?r,,r3'r2}u7 707 Bus! pass Telephone Business Facsimile -Hanjotd Fire Insurance Company - AT1'ESY: ' rw 1 } -,;;ra•ety}' Attotn'ayaenSurF _ Z DaviMiC Len.e(Cor d T. -aci Susan 0. Zapolowskl, lNltness ti By: '_ 'Impress (,:0rporate Seai - IMPORTANT _ Surety comppme5 exer.:iting ber4s. must appear an the Treasury Departnent's most current list (circular 570 a5 amended) and be aulh0fiZed to lran5arl busireas to the Stale of Florida. r 8 of 10 It B 1 1 1 0 1 1 1 1 1 1 1 1 1 1 1 1 Direct Jnquiriesla frits ro: Hartford Fire Insurance Camp any, aCurporalionduly organized under 01 laws of the stbtr orCOnnecticot Hartford Casualty Insurance Company, ii, corporailonduly organized under the latvsofthe State of Indiana 0 Hartford Accident and Indemnity Company, a cnrporstiorduly or0,ani%4 under the taws of the State afC:annerliout © Hartford Undo rwriters Insurance Company, a corporation duly organized under tin laws of the State of Connoeticut Twin City Fire IeSUMCC COM pany, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of II1inails, aeorporation duly aegarurad urrsterihe Ixws 011ie Stitt e01 ihnobs, O Hartford !nsuraoce Campsny of the Midwest, acerpontt-n duly wgarL=+d urdex the i9we of dx Stoic of lnd;ana © Hartford Insure nee Company of the Soul hieast, a earporatien duly orpanixed under the laws of the Stale Of F101`10 =vino oheli dome office in Hartford, CC4ftrimlitul, (hereinaflar collectively raferred to as the 'Cl)mpsnies"y do hereby make. constitute and appoint. trap to the amount of unI i mi r ed Joni Bowe-) Maness, Krisiti Lovett, Ashley Britt., Robert C. Davis, Jennie Goonie, Rita G, Gulizo, Ni;eole Jeannette, Barry K. McCord, David G- mieleute, David T. micletie, Tabitha Starkey, Susarl Zaoalowski of Fort Smith AR, New Orleans LA and of HOUSTONr Texas their true and lawful Allornay(sYin.Fact, each in their separate rapacity if axue than one is named above, to slgn its name as surely(ies) only as delineWed above by 0, and to execute, Seel end ecknowledg9 any and all bonds, undoriakings, contracts and other written instruments In the mature thereof, an behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing ci guaranteeing bunds and undertakings required or permitted in any acticns or prooeedings allowed bylaw. In Witness VYhereof, antl as authorized by a Resolution of the Board of Directors of the Companies on may 6, 21315 the Companies have caused these presents to be surer) by Its Senior Vice President and its cafpoiate seals to be hereto affixed, duly attested by its A►ssi5tonl. Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Cornpdniris hereby unambiguously afrum that they are and will be bound by any mechanically applied signatures applied la this Power orAttcrney. ('n, kw rn t• 7 t \ f t '. � r, f' • ryata► �, !tr?4 foif+i "rd 144 t: .14 pl- John G my, ,assistant Secre ary STATE OF CONNECTICUT ' Hartford COUNTY OF HARTFORD /10 - fa r� M. Ross Fisher, Senior Vine President On this 5th day of January, 2018, before me personally came M. Ross Fisher, tome known, who being by me duly sworn, did depose and say: that he resides in the Courtly of Hartford, State of Conneclicui; that he i3 the Senior Vice President of the Companies, the cofporalions described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by Wholly of the Boards of Directors of said corporations and that he signed his name thereto by like aulhority. 0itaNernT. Maya rd 1\mry Public t73tflRCAlk My Commission Eppi6 huh, 33.2021 I, the undersigned, Assistant Vice President of the Companies, DO HERESY CERTIFY that the above and bre'gcing tS ti•Irus and correct copy of the Power of Attorney executed by said Companies, which tS $till in full force effective as of May 14, �{t'•) Signed acrd sealed at the City of. Hartford.I* +rr* EDO C1. 10 7e-1�.�. aoao Kevin Heckman, Assistant Vine Peesidenr nu =,a THE HARTFORD ATTORNEYHartrord, BO1z Ono Hartford Fla xPOWEROF Connecticut 118755 Ba nd.Claims@thehartfnrd.com Carr: e5&966%Ue$ ty. tm, $60.757-M35 KNOW ALL PERSONS BY THESE PMIESENTS THAT: Agency Hama: 4b- 0 8�LET 61 ala 59 xs •Act LLC Agency Code: Hartford Fire Insurance Camp any, aCurporalionduly organized under 01 laws of the stbtr orCOnnecticot Hartford Casualty Insurance Company, ii, corporailonduly organized under the latvsofthe State of Indiana 0 Hartford Accident and Indemnity Company, a cnrporstiorduly or0,ani%4 under the taws of the State afC:annerliout © Hartford Undo rwriters Insurance Company, a corporation duly organized under tin laws of the State of Connoeticut Twin City Fire IeSUMCC COM pany, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of II1inails, aeorporation duly aegarurad urrsterihe Ixws 011ie Stitt e01 ihnobs, O Hartford !nsuraoce Campsny of the Midwest, acerpontt-n duly wgarL=+d urdex the i9we of dx Stoic of lnd;ana © Hartford Insure nee Company of the Soul hieast, a earporatien duly orpanixed under the laws of the Stale Of F101`10 =vino oheli dome office in Hartford, CC4ftrimlitul, (hereinaflar collectively raferred to as the 'Cl)mpsnies"y do hereby make. constitute and appoint. trap to the amount of unI i mi r ed Joni Bowe-) Maness, Krisiti Lovett, Ashley Britt., Robert C. Davis, Jennie Goonie, Rita G, Gulizo, Ni;eole Jeannette, Barry K. McCord, David G- mieleute, David T. micletie, Tabitha Starkey, Susarl Zaoalowski of Fort Smith AR, New Orleans LA and of HOUSTONr Texas their true and lawful Allornay(sYin.Fact, each in their separate rapacity if axue than one is named above, to slgn its name as surely(ies) only as delineWed above by 0, and to execute, Seel end ecknowledg9 any and all bonds, undoriakings, contracts and other written instruments In the mature thereof, an behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing ci guaranteeing bunds and undertakings required or permitted in any acticns or prooeedings allowed bylaw. In Witness VYhereof, antl as authorized by a Resolution of the Board of Directors of the Companies on may 6, 21315 the Companies have caused these presents to be surer) by Its Senior Vice President and its cafpoiate seals to be hereto affixed, duly attested by its A►ssi5tonl. Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Cornpdniris hereby unambiguously afrum that they are and will be bound by any mechanically applied signatures applied la this Power orAttcrney. ('n, kw rn t• 7 t \ f t '. � r, f' • ryata► �, !tr?4 foif+i "rd 144 t: .14 pl- John G my, ,assistant Secre ary STATE OF CONNECTICUT ' Hartford COUNTY OF HARTFORD /10 - fa r� M. Ross Fisher, Senior Vine President On this 5th day of January, 2018, before me personally came M. Ross Fisher, tome known, who being by me duly sworn, did depose and say: that he resides in the Courtly of Hartford, State of Conneclicui; that he i3 the Senior Vice President of the Companies, the cofporalions described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by Wholly of the Boards of Directors of said corporations and that he signed his name thereto by like aulhority. 0itaNernT. Maya rd 1\mry Public t73tflRCAlk My Commission Eppi6 huh, 33.2021 I, the undersigned, Assistant Vice President of the Companies, DO HERESY CERTIFY that the above and bre'gcing tS ti•Irus and correct copy of the Power of Attorney executed by said Companies, which tS $till in full force effective as of May 14, �{t'•) Signed acrd sealed at the City of. Hartford.I* +rr* EDO C1. 10 7e-1�.�. aoao Kevin Heckman, Assistant Vine Peesidenr nu =,a Attachment "B" Scrutinized Company Affidavit c 4,yu77ir=ar CONTRACTOR ANTI -BOYCOTT CERTIFICATION i_IOySG �4 [PURSUANT TO FLORIDA STATUTE § 287.1351 I? , on behalf of Print Name Company Name certifies that Company Name 1. Participate in a. boycott. of Israel; and does not: 2. Is not on the Scrutinized Companies that Boycott Israel list; and 3. Is not on the Scrutinized Companies N,vith Activities in Sudan. List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and S. Has not engaged in business operations in Cuba or Syria. Signature Title Date Attachment `°C" E -Verify Affidavit Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E - Verify System, and further provides that a public employer may not enter Into a contract unless each party to the contract registers with and uses the E -Verify system. Florida Statute 448.095 further provides that if a contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, all contractors doing business with the City of Sunny Isles Beach are required to verify employee eligibility using the E -Verify system for all existing and new employees hired by the contractor during the contract term. Further, the contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of the awarded vendor to ensure compliance with E -Verify requirements (as applicable). To enroll in E=Verify, employers should visit the E -Verify website (https://www.a-verify.$ov/emplayers/enrolling-in-e-verify) and follow the Instructions. The contractor must, as usual, retain the 1-9 Forms for inspection. By affixing your signature below you hereby affirm that you will comply with E -Verify requirements. Company Name Offeror Signature Date Print Name Title Federal Employer Identification Number (FEIN) Sworn to and subscribed before me on this this day of 2021. By ❑ Is personally known to me ❑ Has produced identiticaflon (type of identification produced: ) Signature of Notary Public Print or Stamp of Notary Public Expiration Date Attachment "A►" Orifi nal Agreement RA1, ' FIRST ANtENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BENCH AND CROWDERGULF JOINT VENTURE. INC. „ CONTRACT NO. 6622-094 This First. Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH "City") and CROWDERGULF JOINT 'v7ENTURE, INC. ("Contractor"), executed this LVW day of '2021, is made apart of the original A.greenient ("Agreement") dated June 28, 2018, ,e ween the City and Contractor, a copy of which is attached hereto as Attachment "A", whose Federal Identification 4 is O l -0626{11.9. The City and Contractor hereby agree as follows: 1. OPTION TO RENEW. Effective June 28, 2021, the Parties hereby wisli to renew the Agreement for one (l) two-year terra in accordance with Section 1.4 of the original Agreement, as more particularly described in Attaclmient "A", which is attached hereto and incorporated herein by reference. 2. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, contracting with any entity that is listed on the Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of Israel is prohibited. Contractors must certify that the company is not participating in a boycott of Israel. Any contract for goods or services of One Million Dollars (S 1,000,000) or more shall be terminated at the City's option if it is discovered that the entity submitted false documents of certification, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleurn Energy Sector List, or has been engaged in business operations in Cuba or Syria atter July I, 2018. Any contract entered into or renewed atter July 1, 2018 shall be terminated at the City's option if the company is listed on the Scrutinized Companies that. Boycott Israel List or engaged in the boycott of Israel. Contractor must submit the certification that is attached to this agreement as attachment "B". Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Conti -actor shall Have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 287.135. 3, E -VERIFY. Florida Statute 444.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E -Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E -Verity systenn. Florida Statute 448.095 further provides that if a Contractor enters into a contract with a subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 44 ,095, Contractor is required to verify employee; eligibility using the E -Verify system for all existing and new employees hired by Contractor during the contract term. Further, Contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of Contractor to ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit. the E. -Verify website (https:,/www.e-verify.govfcmt)loyet-s!enrolling-in-e-verify) and follow the instructions. The Contractor must retain the 1-9 Fort -as for inspection, and provide the attached E -Verify Affidavit, attached hereto as Attachment "C". 4. fl'I'IfiI?R PR€}'�'Itilt}'�'ti ItF;tI.1I�' E^� H:F`k'HrC"I'. Except as speci@icall,. rstt dlFicd herein, all terstts and cirntlitiutt8 irt'fllc rriginal Agreement Itett' een the parties datedJttnc 28. ?t_FI + shall rwrtlLtis6 in lull filrcc and effect. '"FiTI.N. . PROVISIONS. Thc• terms, s(atelasemN, reqtirainCMN, or l7scrvisicrtss contained in this First Amendment sltall prevail and he givcn SUp ritrr effect and priority o r any conflicting or incowdstem terms, statements. requirements or provisions ci,rtta ud in any csther docUItte_nt ur attucltnlcnt. including but not lisltited to Attaihtttcnt "A" "E3" and "'C•• IN WITNESS WHEREOF, di% partics h rdo haw ewcstted this First ,ort;erldmem as of the date mentioned , bovc. WITNESS: � f _ ;414!ItatUl'L' Wesley.Naile Print Namc ATTh BY f1I kv el.,kA r C_'�, ( Clerk f1mg.c CROWDEI CULFJOUNT VENTURE, INC. r Signiture Ashley Ramsay-Naile Print Name- AS its President -- - - - - -. George H. Scholl, MILVOr APPROVE S TO FORM AND LEG IN S - FFfC F: ' v Edward A, Diurt, City ltomey Attaichm;nt "A" Original Agreement L,,,;M Y IS! AGREEMENT BETWEEN THE CIT` OF SUNNI' ISLES is mar . BEACH AND CROWDER GULF JOINT VENTURE, INC. CONTRACT NO. 6622-094 o, sew ryo TI -11S C0N-1'RACTtJ 1. AGR1 .MENT (hereinafter referred to as the -`Afire-emenC) is made in duel icatc, this Pay o['Junc.2018, by arid between tht; CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as - C.ity;% and C:ROWDER GULF JOiNT VENTIME, INC., a corporation authorized to do business in dic State of Florida (hereinafter referral to as "Contractor") whose Federal I.D. 4 is 01-0626019. RECITALS WHEREAS, in response to the City°s RcCluzst 1'or Proposal (RFP) No18-04-02, and Resolution ilio. 2019-2825; a secondary Contractor waS Selected tp provide emergency/disaster debris clearing, manrlgemenl, and removal operations ['car the City ("Services"); and WHEREAS, Contractor has expressed the ability and desire to provide these Serviees, as more particularly described in Attachment `'A", a copy of which is attached hereto; and WHEREAS, the total amount to be paid for the Services is on a unit price basis in accordance with the Fee Schedule, as more particularly described in Attachment `-A". NOW THEREFORE, in aonsideratinn of the promises and the mutual covenants herein name;, the parties qmr as follows; 1.1. RECITALS. Tk llecitals set forth above are hereby incorporated into this Agreement and made a part hereof fnr reference- in addition, the following documents are hereby incorporated by rr ['erence alid lnade. part 01' Lhis Agreement; Q Specification rind Proposal Documents prepared by the City flor Disaster Debris Management and Removal Operations, RFP No. 18-04-02, ii Respupw to RFP No. 18-04-02, prepared by Contractor, a copy of which is attached hereto as Attachment "A" and incorporated herein by referertee- All Lxhil its are collectively referred to as the "Contract Documents". 112. SERVICES. Contractor shall provide f_:mergency Debris Clearing, Management, and I�etnoval Operations as the secondary Contractor, to be utilized in case cr1'dcllaLdt by the• primary Contractor or to provi& assistance and additional resources to primary Contractor, for services pursuant to the terns and conditions set forth in the Request. for Proposal 18-04-02 and Awa hmcnt "'A", Contractor shall perform the Services under tic general direction of the C4y. and shall furnish all labor, materials, supplies, cquipmcnt, supervision and services ncccssary for and incident to the perfonnanoe of the Services, except. as otherwiw netted in the specifications. By signing this Agreement, the C:antractor represents that it thoroughly reviewed the Contract DOCLnnents inccirpt+ratcd into this.Agreemcnl and that it accepts the Services and the conditions Under which the Services are to he performed. 1.3, OJAIAVIC.ATIONS.C:ontractorandtheindividual executin'thisAgreementonbelialf of the Contractor warrant to the City that the Contractor, is duly constituted and authori7.ed to do 6622-091 CROWDFR GULF JOIN TVRNTURR: INC.. Cid, cjf Sunm.j, Ales Reach 18G70 Collins Avenue, Sunny Isles Beach_ Florida 33160 (345) 947-0606 phone ( 305) 949-3311133 Fax husiness in the State of Florida. k in good standing and that the Contractor pos5esse5 all of the required licenses and certificates of competency required by the Statc of Florida anal Miami -Dade County to perfo m the Services herein described. 1.4. 'CCRM. Subject to the provkion5 relating to the termination of this Agreement as set lbrth hereunder, this Agreomctit shill. commend; upon c:tecution oi' this Agrt;emcnt by both pasties and shall be for an initial. term of three (3) years with the option to renew the contract for one (I ) additional two (2) year period; for a total o[' five (5) years. Se3-vices under this Agreement shall commcncc upon the issuance of /Notice to Procccd from the City Manager or designee. I.S. COMPENSATION. Contractor acknowvlGdges that this is a contingent services contract and that no payments will be made or due from the City unless Contractor is specifically engaged b,y the City for a specific c.mergoncy, All paymonts to be made hereunder shall be paid in accordance with the Pee Schedule contained in Contractor's ]response to Regitest for proposal 14-04-02, attached hereto as Attachment "fit" and incuq)orated herein by reference. All invoices and payments shall be for Services completed pursuant to this Agreement after Submission of invoices to the City_ All invoices shall be submitted in accordance with bequest for Proposal 19- 04-02. The City will pay properly submitted invoices within thirty (30) days of receipt, for co repleted and accepted Services, unless the City' 1730(HI .s the COntUtctor in writing ol'tho dispute, before the payment is due_ The C:ity's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the Cit„ Commission. The Contractor shall snake no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Cnrrtr"tlCtor With the prior written approval of the City, if the City disputes any charges on the invoices, it may make payment of the uncontested amtxnts and withhold payment on the aontcsted amounts until thcy arc rosolvcd by aurvenriont with Contractor. There are no r6mbursable expenses associated with this Agreement_ 1_6. PE�RVQRMANC K ANTI PAYMENT BONI). Upon activation of a ta4k order by the City, Contractor will be required to provide the City with a PerlbrmanGo and Paymcnt Bond in the amount of 100% of the contract/ Purcha,e Order value, whichever is greater; within three (3) calendar days u('a written 'Notice to Procccd' by the City Manager or designee. Once activated, the Payment and Performance Bonds shall be in force for a period of riot less than one (1) year from the date o[i7riginal execution by the Bond Surety. Bonds slhall he executed by the Contractor and surety company authorized to do business in the State of Florida with an A.M_ Best rating of ;'A-'-- (Excellent) or better; which bond shall be conditioned upon the successful c4inipletion 01'111.1 work, labor, services, materials to be provided and furnished, and the payment of all subcontractors, materials and laborers. if the value of the contracted work increases, the Contractor shall be required to provide an Updated Perf'onnance anti Payment Bond in an arnount equal to the new value_ ].7. T1MY. IS OF TffE ESSENCE .All parties agree that tune is of the esscric.e. The. Contractor nmist provide sufficient equipment and labor, based an the magnitude of the disaster and information lion dHMttge assr:ssments, net:e5s11ry to meet the City's tirnuhrics as ioll.ows: 1) 6622.094 CROWDER GULF JOIN1' VEN /'LIKE_ INC. 2 (`lly of Sunny 1sles Peach 18070 Collins Avenue, Sunny lslcs Scach. Florida 33160 (30-j) 947-0606 phone (;05) 94�-3113 Fax clearing o f' primary rights-of-way within 2411ours of rete i vin' the ta,,k order, 2) removal of debris started within 48 hours of receivinL the task order; 3) removal of debris must be urldon ray in all 70nes Within 70 1101Lrs; and 4) all debris rernoval operations must be completed within 10 days. Failure to provide the specified c;quiprncnt, labor and materials, and Lo initiate the work stal'1*cd and equipped in accordance with the equipment schedules at 50% capacity within the first 24 hours, and 100% capachy within the first 48 hours following issuance of each task order by the City Kinauer or bis, designee; shall result in the City making, a claim aeainst the Contractors Pcrforrnanec Bund in the amokin( of the cast per llOur of each crew as defined in the Revised Fee Schedule form for each hour exceeding the 24 hour cutoff where the Contractor is failing to Operate. or is operating at less than (lie response levels specified herein. Contractor shall not bc. liable for unavoidable delays beyond their reasonable control, 1.8. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is alt independent contractor anti shall he treated as such for all purposes. Nothing contained in this A-reemcnt or any action of the parties shall be construed to Wn-Stitute or to render the Contractor an employee; partner; agent, shareholder, officer or in any other capacity other than as an indupundent contractor other than those obligations which have been or shall have boon undertaken by the City. Contractor shall be responsible for any and all of its own expenses in perfol-mine its duties as contemplated under this Afreement. The C;ity shall not he responsible for any expense incurred by the Contractor. The City shall have no duty'to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the CunLraeLor, ether than those set forth in this Agreement. Contractor shat] furnish its own transpoilation, office and ether supplies as itdetermines necessary in carrying out its dirties under this ALYrccmcnt, 1.91. OWNERSHIP OF DOCUMENTS _AND EQUIPMENT. All dOCLImCrltS prepared by the CAntl'aCtoi' purstiant to this Agreement and related Services to this Agreement are intended and rep resentcd 1'or the owners}lip ol-lhc City only. Any olhor use by Contactor or othor parties shall be approved in writing by the City, if requested, Contractor shall deliver the documents to the City within fifleerl (1.5) calendar days. L10. INSURANCE. ContrLICAUC 4hall, at its sole cost and expense; during the period ol-any work being performed under this Agreement, procure and maintain the following rrlinilnum insurance coverage to protect the City and Contractor against all loss, claims. damage and liabilities caused by Contractor, its agents or employees, as indicated below: ❑ Comprehensive CJeneral liability insurance: including, broad form contractual liability coverage l'or all opuralions, including, but rinL limiLod to, Contractual, products, and completed operations; personal injury and property damage liability with rninimurn limits of One Million Dollars ($1,000.000) peroccurrence_ ❑ Worker's Compensation and enipioyer's liability coverage, as required pursuant to Florida law. 6622-09,1 CROW -DER C. (.I U JOINT VTI -TUR]?_ W -C. Cite gfSunny Isles Beach 18070 Collins flvcnuc, Sunny Islcs Beach, Florida 13160 (305) 447-0606 phone (305) 949-3113 Fax ❑ Business Automobile Liability which shall include coverage for all owned; non - owned and hired vehicles Fttr minimum limits of no less Lhan One Million Dollars ($1.000,000) per occurrence, insurance required cif the Contractor shall bo primary to, and not contribute with, any insurance or self-insurance maintained by the City. Such insurance shall not diminish Contractor's indemnification and obligations hereuider_ The insurance policy shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City with a minimum A.M. lest rating of ,A -Excellent. Before any work under Lhis Agreement is performed, and at any time upon request, Contractor shall furnish to ilic City certificates of insurance LMden6ne the minimum inquired coverage and shall be appropriately endorsed For contractual liability, witli the City named as additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City Manager or ]lis designee. All insurance policies and certificates Of insurance shall provide that the policies may not be canceled or altered without thirty (30) days prior wriaen notice to the City. Contractor shall also rcrluirc and ensure that each of its sub - Contractors providing services hCrcunder (if any) procures and tnaintains, until the completion of the sev ices, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO TIIJK INSURANCE REQUIRN;l4'll+-Wil'5 IN THIS SECTION MUST BE APPROVED IN WRIT ING 13y THF, C FUY. 1.11. TERMINATION AND REMEDIES FOR BREACH. A. The Contractor agrees that the upon receipt of the Notice to Proceed (N -TP) from the C ky ivlanfl;er or designee, the primary C'onLracLor will have (wolve (12) hours to conLact the City in response to the NTP and twenty-four {24) Hours Lo substantially mobilize or begin performance under the terms of this Agrccment. The City reserves the right to pursue secondary Contractor for Services if primary Contractor either fails to mobili7.e or begin perFornlance. under dio terms of this Agreomen(. Il: LhrOLtgh any causC Within reasonable control, the Contractor shall tail to fulfill in a timely manner or otherwise violate any of the Covenants, agreemem% or sLipulations cnaturial to (his Agreement, the City shat€ have the richt Lo LcrminaLe (he Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City sliall 11061y the Contractor of its violation of flee particular terms ol'ihc Annx:ment and gran( Contractor ten (10) days to curc such default, 'If the default remains uncured alter Len (10) days the City may terminate this Agreement. and the City shall receive a refund from the Contractor in an amount equal to the actual cast of a third parLy to Cure such failure_ If Contractor fails, refuses or is unable to perform any term ol'this Agrccment, City shall pay Ibr services rcnd(cred as ofthc date of termination. G) In the event of termination, all finished and unfinished dctcumtnis, data and other work prodUCL prcparod by Contractor shall be delivered to the City and the City shall compensate the Contractor for all Services satisfactorily peribrtned prior to the date of termination, 6622-094 CtOtN` ER GLJI..F, OINT VF,NTURF,. INC. 4 City of Sunny Isles Beach 18070 Collins Avenue, Stimly Isles Reach, Florida 33160 (305) 947-0606 phone (305' 949-31 1 ) Fax fift Notwithstanding the forceoing, the Contractor shall not be relieved of liability to the City for damages Sustained by it by vittue of a breach of the Agreement by Contractor and the City may reasonably withhold payment to Contractor for the purposes of set-off until such time as the exact amount of damages duc the City from the Contractor is cietennined. 6. Termination for Convenience of City_ The City may, for its convenience and without cause, LerninaW the Services then remaining to be performed at any time by giving Contractor ten (10) days written notice. In the event of such a tennination WilhouL cause, (lie Contractor shall be compensated for all services performed to the City's satisfaction and prkrr to termination. Upon receipt of the notice of termination For convenience, Contractor shall pn)mpLl_v discontinue all work and, to the extent indicated on the notice of termination, shall terminate. all outstanding subcontracts and purchase orders as they relate to the terminated portion of the Contract, shall refrain from placing further orders and/or contrac-Ling with subcontractors, and shall complete any continued 1)01 -tions of the w0rk.-The terms of Paragraph LI IA(i) anis A(ii) above shall be applicable hereunder, C. Terminatiun I'or Insolvency, The C"LLY also reserves the right to terminate the retnawitle Services to be performed in the event the Contractor is placed either in voluntary Or involuntary bankruptcy or makes arty assignment for the benefit of creditors. 1.12. C01ERNING LAW AND ATTORNEYS FEES. It is agreed that this Agreement shall be governed by, construed and enforced in accordance With the laws of the State of Florida. Venue for any let,al prone-eding shall be in Miarni Dade County, Florida. In the event it becomes necessary for the Cit} to file a lawsuit to enRwce any term or provision tinder this Agreement and the City is the }prevailing party Llicn t11e City shall be entitled to its costs and attorney;rs fees at the pretrial. trial and appellate levels, 1.13. CONFEDENTIA.I, INFORMA'I'10N. The Contractor shall not, either during 010 term of this Agreement or any time far a period often (I0) years subsequent to that [lave upon which (lie Contractor shall leave the employment of the. City for any reason whatsoever. disclose to any person or entity, other than in the discharge of [lie duties ol'the Contractor under,this agreement, any information whicli Clic City designates in writing as %onii &nti 11_r' As a viols do 11 by the Contractor of the provisions of this Section could cause irreparable injury LO the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any Cather remedies available to it at lave or in cquiLtir, to enjoin the Contractor f oro violating SUCK provisions. 1.14. J GRISDIC'TION, VENUE AND WAIVER OF JURY TRIAL. This Ajreement sllall bn 1ntcrp1`ctcd and construed in accordance with alld governed by the laws cif the State of Florida. All parties awroe. and accept that jurisdiction of any dispute or controverSw, arising out ol'this A, rcc[nerlt, and any action involving the enfcircemem or interpretation ol'arty Jahts hereunder 6622-494 C:RCANr]7F.R (iEit.F J()ILrr VENTURE. INC. Cify of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, 11orida 32) 160 (305) 947-0006 phone (305) 449-31 13 Fax shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state court, fmakin a any other jurisdiction which eithey panty in ay claim by virtue of its residency or other ,Jurisdictional device_ in the event it becomes necc: isary Ior the City to file a lawsuit to cniorce any terin or provision tinder this Agreement and the City is the prevailing party then the City shall he entitled to its casts and attorney's flees at the pretrial, trial and appellate levels. BY ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY 1 I.L•:RF13Y F.XPRF.SSLY WA1VP. ANY RIGHTS FiTH'F.R PARTY MAY HAVE TO .A TRIAL BY JURY OF ANY CIVIi. LITiGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to serve as a waiver of sovereign immunity, or of any other immunity, del'Crise. or privilege enjoyed by the City pursuant Lo Section 768.28, Florida Statutes. 1,1i, N01-10rS. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requesLud, (ii) by guaranteed overnight delivery by a nationally recognized courier service; or (iii) by facsimile with confirmation receipt (with a copy simultaneously writ by ccrtiiicd or i>vaistered inail; first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to stick paity as follow,: If to the Cit -v: Chrisiopher .f. Russo City Managcr City of Sunny Isles Beach 19070 Collins Avenue If to the Con tractor: Fourth Floor SL11111V Isles Beach, Florida 33160 Tel. (30-5) 792-1776 John Ramsay President & CEO Crowder Gulf 5435 Business Parkway Theodore. AL 36582 Tel: (251) 459-7430 Fax: (251) 459-7433 Email, AramsayC*i-owdergull',acrm Or Ashicy Rainsay Senior Vice President & COO Crowder Gulf 5435 Business Parkwmr Theodore_ .AL 36582 Tcl: (251)459-7430 6M-09,1 CRCiWDRR GUI.r.101NIT 4 ENIT[; RR, INC:. C1 With a copy to: Hans Ottinot City Attorney City of SR11111Y 151cs Beach 19070 Collins Avenue Fourth Floor Sunny Isles Beach, Florida 33160 Tel; (305) 792- l 766 ('rfy of SunnY hfev Beetch 19070 Collins Avenue, Sunny Isles Reach, Florida 33160 (305) 947.0606 phone (305) 949-3113 Fax ]=ax- (751) 459-7433 EnnaiI- Arainsav@crowdcrtulf.com _ 4.16. PURI TC RECORDS_ Thu ConLractor shall be rgUired to Wrnply with the following requirements under Florida's Public Records Law: (i) Contractor shall kccp trod maintain public records rquired by the City to perform the service, (ii) [Upon request from the City. Ccantractor shall provide, (lie City with a copy of the rcqucsted records or allow the records to be inspected or copied within a reasonable tiinC gat a cost that does not exceed the cost provided by Chapter 119-. Florida Statutes. oras otherwise provided by law, (4ii) Contractor shall ensure that public record,, that are exempt or colif idenlixl and exempt from public records disclosure requirements are not discloscd except as authorised by law for the duratiran of the contract term and following completion of the contract if the C:ontracwr docs not transfer the records to the City - (iv) Contractor shall upon completion of the contract, transfer, at no cast, to the City al] public rucards in possession oi'thc Contractor or keep and maintain public. records required by the City to perform the service_ If the Contractor transi'crs ail public records to the City upon completion 01' the contract, the Contractor shall destroy any duplicate public recnrds that arc exempt or confidential andexrapt from public records disclosure requirements. I1 -the Contractor keeps and maintains public records upon completion ol'ihc contract. the Contractor shall meet all applicable requiremcnts for retaining public records_ All record,, Stared electronically rnust be provided by Contractor to tiie City, upon request fi-o1n the City. in a format that is Compatible with the information technology s}sterns of the City. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA Sri'Ari'UTES, TO THE CONTRAC'TOR'S DUTY TO PROVIDE PUBLIC RECORDS RELA'T'ING TO THIS CONTRACT, CONTACT THE CiTY'S CUSTODIAN OF PUBLIC RECORDS AT (305) 792-1703, C."ityC:IerkC),sibfl.net, 113070 Collins Avenue, 4"' Floor,Sunny Isles Reach, Florida 33160. 1.17. COMPLIAWE WITH THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT. During the perlurntaraeC of this contract, the Contractor agrees as ['allows: (1) Qvertinic requirements, No contractor or subcontractor contracting: For any part of the contract work which rilay require or involve the employment of laborers or mechanics shall requim or permit any SUCK laborer or mechanic in any workweek in which lie qr slle is employed on such work to work in excess of faily hol.irs in such workweek unless such laborer or mechanic receives corn pe.nsalion at a rate not Icss than one and one -hall' times the basic rate of pay for all hours worked in excess of forty hours in such workweek. f)QM94 CROWDER PULE' JOINT VENNI LUitt_ INC. City ufSuntsy Isles Beach 18070 Collins Avenue, Sunny Isles Reach, Florida 33160 (10i) 947-0600 phone ()05) 949-31 13 Fax (2) Violation: liabDity for unpaid wages, liquidated damages_ In the event ol'any violation of the. clause set forth in paragraph (l.) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages_ In addition, such contractor and subcontractor shall be liable to the United States (in the case of wnrk done under contract for the District of Columbia or a territory, to such District or to such territorp), far liquidated damages. Such liquidated damages shall be computed witi7 respect to each individual ]aborta or rnechanic. including watchmen and guards, crnplo'cd in violation of the clause set forth in paragraph (1) of this section. in the stlrm of S 10 far each calendar day on which such indiv ideal was rcqu ircd or perm itted to Nvork ir1 cxccss of the standard Workweek of forty hours without payment tar the ovcrtitne wages required by the cdausz set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidaLud dannagcs. The Cicy shall upon its own action or upon written request of an authorized representative of the Dt!PHrLmCnt of Labor withhold or cause to be withheld, from any moneys payable on account of work perrormed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Co Work Hours itnd Safcty Standards Act, which is held by the same prime contractor, such sums as may be determined to be nee.essary to satisfy fitly liabilities of mc11 contractor or sttbcomractor for unpaid wvaees and liquidated damages as provided in tho clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts Lhe clauses set forth in paragraph (1) through (4) ol'this section and also a clause requiring the sub coil tractu rs to include these clauses in any lo%vwr tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set north in paragraphs (1) Ihrouah {4) of this section." 1.18. COMPLIANCE WMI THE CO1<'1?J..AN1) ANTI -)KICKBACK ACT (1) Contractor. The contractor shall comply writh J 8 U.S.C. § 874, 40 U.S.0 . § 31415, and the rCgL1Ircrr1c11ts of 29 CXA. pt, 3 as may be applicable, which are incorporated by rcforence into this contract_ (2) Subcontracts. The contractor or suhcontractor shall insert in arty subcontracts the clause above and suCll OthCr CIMISC5 as the FEMA may by appropriate instructions require. and also a clause requirin3 the subcontractors to include Lhcsc clauses in any lower tier subcontracts. The prime contractor shall be responsible for the comp-liancc by any subcontractor or lower tier subcontractor with 311 of these contract clauses. Breach. A breach of the contract clauses above, may he grounds for term ination of the contract, and fen- debarnwnt as a eontrac;tor and subcontractor as provided in 29 C.F.R, 5x,12, 1.19. CLEAN AIR ACT AND THE FEDER,AI, WATER POLLUTION CONTROL ACT. W-)2- 1 C.ROWDER (-,111.FJniN.i-V N4'RjRI:, 1VC. City rrf.vunnv Isles Eerier 18070 Collins AVcnuc. SLInnV Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-31 13 Fax C:owracLs amounts in excess of S 150.000 shall agree to comply with a]I applicable standards, orders pursuant to the Clean Air Act (42 U.S.C. §§ 7401-7671 q) and the Federal Water Pollution C nntrol .Act as amended (33 U.S.C_ §§ 1251-1387). A. Clean Air Act (l) The contractor agrees to comply with all applicable standards, orders or re-gulations issued pursuant to Lhe Clcan Air Act, as amended, 42 U_S_C , 7401 et seq. (2) The contractor agrees to report each violation to the City and understands and agrees that CRY will; in turn, repast each violation as required to assure notification to the State of Flurida. Federal Emergency lvlanagemcm Agency, and the appropriate llnyironmental Protection Agency Regional Office_ (3) The contractor agrees to include these requirements in each subcontract Lxcecding $150,000 financed in whnle or in part With Federal assi:;tancc provided by FEMA. B. Federal Witter Pollution Control Act (t) The contractor agrres to comply with all applicable standards; orders or regulations issued pursuant Lo the Fedora] Water PORLAion Control Act, as amended, 33 U,S.C. 1251 et seq. (2) The contractor agrees to report cacti violation to the C:it), and understands and agrees that the City will, in turn; report each violation tts required to assure notification to the; State of Florida, Federal Emergency Management Agency- and the appropriate Environmental Protection Agency Regional ()i'fice. (3) Thw contractor agrees to inchLde these requirements in each suhaontract execedine $170,000 Financed in whole or in part with Federal assistance provided by ["-FMA- 1.20. EQUAL r KM PLOY[' E T OPPORTUNITY, During tho peribrrnance of this contract; the C=ontractur agrraas as follows; T (l) 'I"he Contractor will not discriminate against any employee or applicant for employment becau5c of race, color, relibiori, sex, sexual orientation, Sender identity; or national origin, The C;antractor will take aflirrrlative action to wttsunr that applicants are employed, and that employees are treated during employment. without reLrard to their race, color, religion. SM sexual orientation, gender identity; or national origin, Such action shall include, but not be. lifflkud to the. Jb[lowma: employment, upgrading, demotion; ar Lransf'cr: recruitment or recruiLmem advertising: layoff or termination; rates of pay or other farms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, avail.We to employees and applicams I'or 6622-094 C:Rf}ti,-DER CSI. U.101NIT VFNNTLJItF.. IN -C. Giv of Sunny isles Beach 18070 Coll Ins Avcntrc, Sunny Isles Bcach. Florida 33160 (305) 947-0606 phone {305} 949-3113 Fax employment, notices to be provided setting forth the provisions, of this nondiscrimination clause. (2) The corriractor will; in all s€olicitations or advert-1sernunt5 for employees placed by or on behalf' of the contractor, state that all qualified applicants will receive consideration f€or employment without regard to race, color, relif4iori; sex, sexual orientation, ,gender identity, or riational origin, (3) The eontraictor will scud to each labor union or representative A workers with which he has a collective bargaining a2reenient or other contract or understandinf. a notice to be provided advising the siricl labor union or workers' reprosontativCs of (lie contractor's COMMitniCttts under this section, and shat l post copies of the notice in con'#CLI Ctrs places available to employees and applicants for employment. (4) The contractor will comply with all provisi€ons of Executive Order 11246 of September 24, 1965, and of the rules, rcgillations. and relevant orders of the Secretary of I .abor_ (5) The contractor will furnish all information and reports required by Execirtive Order 11246 of September 24, 1165, and by rules, regulations, and orders of the Secretary o[' Labor. or pursuant thereto, and will perrnit aCouss to his books, records. and accounts by the administerinig agency and the Secretary+ of Labor for purposes of i ntiestiUation to ascertain compliance with such rules, regulations, and orders, (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, tltiis contract may he canceled. terminated; or suspended in whole or in part and the uontrautor maty be declared ineligil)le for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in FXeC.WiVe! Order- 11246 ol'sc-ptember 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive. Order 1 1246 of September 24, 1965, or by rife; regulation; €or order of'(he See rota ry of Labor, or as other�vise provided b4 law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontractor puruhase order unless exempted by rules; regulations, ororders of the Se-orutary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965; so that Sidi provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering age-nuy may dircet as a means Of enfareing such provisions, including saneiions for noncompliance: provided, however, that in the event a contractor becomes involved in. or is threatened WWI, litigiuion with a subcontractor or vendor as a result of such direction by Elio administering agcnuy, the contractor may rcqucst the Unitcd States io enter into such ]ideation to protect the interests of the United States - 6622 -5L)4 C:RC7lVDER 4;111.1" JOINT VENTURE: INC". 10 City of Sunny Isle& Beach [ 8070 Collins Avenue, SunnV Isles Beach, Florida 33160 (305) 94 7-060 6 phone (305) 941-3113 FaN 1.21. SUSPENSION AND DEBARMENT. During the perforirtanae of this contract, the. Contractor agrees as follows; (1) This contract i4 a cowered transaction [Or putpcxse of'2 C.F.R. pL. 184 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none ol'thc contractor, its principals (defined at 2 C:_F_k_ § 180.995), or its affiliates (defined at 2 C_F.R_ § 180.905) are excluded (defined at 2 C.F_R.§ 180.940)crr disqualilied (defined al -2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt, 3000, subpart C: and must include a requirement to comply with tltese regulations in any [ewer tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the City oI' Sunny Isle Reach. If it is later determined Lhat the contractor did not comply with 2 C ,F.K. pt, 180, subpart C: and 2 C,V.R, pt, 3000, subpart C. in addition to remedies available to [lie City of Sonny Isle Reach, the Federal C overnment may pursue available remcdics. including buL 11 O Iimitcd 10 suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirCMents oft C'.F.R.'pt. 180, subpart C and 2 C'.F_]R. pt. 3004, subpar C w1iile this offer is valid and ths-nLighOUL the period of any contract that may aritie f-orn this offer. The bidder or pro posor further agrees to include a provision requiring such compliance in its lover tier covered transactions." 1.22. BYRD ANTI -LOBBYING AMENDMENT. Contractors who apply or bid for an award o['$] 00.000 or more shall tile the required cetrtification. Each tier certifies to the tier above that it will not and has not ttscd Federal appropriated bunds to pay any person or organization for inllucncing or .Ittempting to influence an officer or employee of any agency, a member of Congress, offices- or emplovee of Congress. or an cmplovoc of a mernbcr of Congress in connecLion with obtaining any 1'ederaI contract, grant, or any other award covered by 31 0,S.C. 1357, 1!1ch tier shall ako disclose any lobbying with non -Federal funds that takes place in connection w[th abtain[ng any Federal award. Such disclosures are forwarded from tier to tier Lip to (lie recipient. 1.23. PROCUREMENT OF RECOVERED MATERIALS. In the performance of this contract. the Contractor shall make nnaximum use of PFOdLtcts conLaining recovered materials that are EPA- designated items unless the product cannot be acquired: (1) competitively within it timeframe providing for compliance with the contract performance schedule, (2) niceting contract performance requirenwrlts; or (3) ata reasonable price. 1.24. AUDIT. The Contractor shall make available to the C:iLyr or its repre.sentxt[vc all required financial records associated with the Agreement for a period of three (3) }years. 1.2S. NON -DI SC RIM] NATION. The C:ontracLor agrees to comply W, _11h all focal and state civil rights ordinances and with 'Title V1 of the Civil Rights Act of 1984 as amended, Titic VIII ofthe CM[ Rights Act of 1968 as amcnded. Title 1 of -die Housing, and Community Development Act of 1974 as amended, Section 504 0l' the Refiab[litation A0 of 1973, the Americans with 6622-Q44 CRt)WDER UULF JUltw'1' V<~ti''1 UR . LNC. C.'r1;1' of .Sunny 7,s1c Reach 18070 Collins AvellLLe; Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 fax f]i,ahilities Act of 1990_ the Age LiiScrimination Act o!' 1975, E ceutive Order 1 1fl63.., rtd with Exccutive Order 11249 as amended by Executive Orders 11375 and 12086- The Contractor will not discriminate against any employee or applicant fin- employment btC.MISL' oi-race, color, creed. rcligiori, ancestry, national origin., sex, disability or other handicap, age, maritallfamilial ;Carus. or status with refzard w public assistance. The Contractor ~vitt take affrrinative action to insure that all employment pracLices etre free front such discrimination. Such employincrit practices includt; but are not litrtited to the following, hiring, upgrading, demotion. transfer, reccititment or recruitment advertising, layoff, tennination. rates of pay or other forms of'ccnnpensaLion, and selection for training, including apprenticeship_ The Contractor agrees to post in conspicuous places, available to employees and applicants for employinent, notices to he provided by the City setting forth the provisions of this non- discrimination clause. The Contractor m rocs to comply with ally federal regulations issued pursuant to compl iance with Section 504 of the Rehabilitation AcL of 1973 (29 U.S.C. 748), which prohibits discrimination iLgainst the handicapped in any Federally assisted progratn. 1.26. CON PLIC:T OF INTEREST. The Contractor agrees to adhcrc to �itid be governed by the Miami -Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by Chapter 33 of the City of Sunny Isles Beach Code of Ordinances; which are incorporated by reference herein as il' frilly set forth herein, in connection with the Agreement conditions hereunder, The Contractor covenants that it presealLly has na interest and shall not acquire any interest; directly or i ndircctly which should cottfl ict in any inanner or degree N ith the performance• of Services lander this A-reement_ `l*he Contractor Further covenants lhaL in (lie peribmiance of this Agreement, no person pavane anti' such interest shall knowingly be employed by Lhc Contractor. The Contractor guarantees that he/she has not offered or given to any Member of, dele,ate to the Congress of the United StxLes. any or part 01 -this contract or to any benefit arisintr there[i-om, 1.27. INDEININIFICATION AND WAIVER OF LIABILITY, To the fullest exLcnt pertnitted by law, the Contractor agrees to indemnify and hold -harmless the C'itNr, its agents; rep resen[aLives. uIlk .. directors, oi`ficials and wapIo}Tees from any claims. liabilities, €famagcS. losses and costs, including; bLLL not limited W, reasonable attorney fees to Clic extent cause; in rtihe�lc or in part, by the proicssional nenligcncc. error or omission of the Contractor or persons cmpioyed or utilized bytlie Contractor in perforinance of Services under this AgrCCmCnL CcmLraeLor sitttll at all times Ilereafter indemnify, hold harmless arid; at the City's option, defend or pati for an attorney selected by the City it) defend City, its ageriLs, rcprescntatives, officers, directors. officials and employees fruin acid against any and all causes ofaction, demands. ctaims, lasses, tiabilikS and expenditures of any kind, in(,ltiding attorne)� fees, court costs; and expe;nscs. caused or alleged to be caused by the intentional or negligent act of, or omission of ContraeLor. including those of their employees, agents, servailts, or officers; or accruing. resuttine from, or directly related to the subject matter of this Agreement including, Without linli(aLion, any anal all claims, losses, liabilities; expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any per,on or property. In the: ovont any lawsuit or other proceeding is brctught against City by reason of any such claire, cause of action or 12 City ofSunity Isles Beach 18070 Collins Avctuie, Sunny lslcs Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax demand. Contractor shall, upon written notice from City, resist and defend sash la�ti�, or proceeding by counsel satisfactory to City. The provisions and obligations of this section shall survive the expiration or earlier termination of this AfreenlenL. To the extent considered necessary by City, any sum due Contractor tinder this Aarecntcnt may be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amoaunt withhold shall not be subject to payment of interest by City, The parties agree that One I lundred Dollars (V00.00) represents specific consideration to the Contractor for the indeaiinificaLioiz seL forth in this Agreement, 1.28. ACCESS TO RECORDS. Tile following access Lo records requirctttcrtts apply to this contract: ( I ) Thu contractor agrccs to provide Florida Division ofErnergeney+ Management, Tlie City Of Sunny Isles Beach. the FF;v1A AiminisLrator. the CompLruller General ofthe United Staves, or any of their authorized rcprescntatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the puiToses cif' making audits: cxaminalions, excerpts, and transcriptions. (2) Tho Contractor agrees to permit any of foregoing parties to reproduce Icy any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FFMA Administrator or his atuthoriz(A rcprescntatives access to construction or other work sites pertaining to the work being completed under the contract." 1.29. DHS SEAL. LOW, ,AND FLACKS. The contractor shall not use the DHS scal(s), logos, crests; or reproductions ul' [lags or hkencsscs of DHS agency officials withoiit specific E; PMA pre- approval. 1.30. COMPLIANCE WITH LAW. Contractor shall comply+ with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement ("Applicable Laws") and shall obtain and inaintain any and all material permits, licenses: approvals and c-onsent5 necessary for the lawful conduct of the activities eomcmplated under this Aueeinent_ 1.31, COMPLIANCE WITH FEDERAL LAW. l EGULA11ONS. ANI1 EXECUTIVI?- ORDERS. This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations, exeCutivc orders, I;1::MA policies, procedures. and directives. 1.32. PROGRAM FRAUD AND FALSE OR 1+RA1)DLJLVN'1' STA'Cl,iMENTS OR RELATED ACTS. The contractor acknowledges that 31 tJ,S,C_ Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. 6622.094 C'ROW* DER GULF j01NT VEi TURF li C. City ofS1rfrnV Isles Beach .18070 Collins Avenue,.Stmny Isles Reach, Florida 33160 (307) 947-0606 phone (305) 949-3113 Fax 1.33. NO OBLIGATION BY FEDERAL GOVERNMENT. The Fedcral Covernineni is not a party to this contract and is not subject to any obl igations or liabilities to the non -Federal entity, contractor, or any ether party pertaining to an}' matter resuILing from the contract 1.314. CONFLICTING PROVISIONS. In the event of a conflict between the Contract DOCI.Iments or any ambLl�Lllty OF missing specifications or instructions contair}ed in this Aprccment. Request for Proposal 18-04-02, and C'ontractor's Response to Request Vor Proposal 19-04-02- the following priority is established: L This Avreemeiu ii. The tcrais and conditions of Retluest for Proposai 18-04-02. C'ontractor's Response to Request liar Proposal I8-04-02, attached hereto as Attachment "A 1.35. MISCFLLANEOUS. A. In the event any provision of this .Agreement is FOLlnd Lo be void and unenforceable by a uourL o1' carnpL;tcnt jurisdiction, the rcmainin- Provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though Lhc void or unenforceable provisions had bum severed and deleted. 13_ This AgreemenL may be executed in mulliplc identical counterpal-ts, each of which shall be deemod an original for all purposes. C. This Akrrectnem shall constitute the entire agreement between the parties with respect to the sul.Iject m,,ltter hereoF, gild it shall SLLpersedc all. PrCVIOLLS anal contemporaneous, oral and wi iatn negotiations. comtnitmcnts. agree inents and understandings reIatinU hereto. T3_ Any modification ofthis Aerccmetit sha II be elective onIy if in writing and signed by the parties to this Agreement_ E. No waiver of any provision of this, Agreement shall be valid or cnforceaible unless such waiver is in W*ritinLy and signed by thu party granting such waiver, lRemahader q f'l)age inrenaonally left blankl 6622-094 C:ROWDER GULF"JOJNJ VENTURE, INC. 14 01v of Suwq Isles Betich 18070 Collins Avenue, Sunny Isles Beach. 1lorida 33160 (305) 947-0606 phone (105) 949-3113 Fax IN WITNESS'~ HEREOF, the parties herein have eNectited this Agreement in triplics(c on Lhe day and year first written above. WITNESS; 1� /,. - , �/-; Signatur Wesley Naile Prins ;~Jame BY: CltOWClFA CiIJf.F J01'NT Vl: dl'EiRI, INC. ohll Rantisay, President & C O CITY OF SUNNY ISLPS BEACH LlY; �. ----- ttr. C.hiC�, City Clerk Christnp ier ,I, ]2Uss4, Crit}+ Iv3Antger Department J lead 6612-01k4 C'RO W 1) F. 11 GlJL ;01IN'T V17K l-IJItF, INC. 15 APPROVED AS TO FORM AND LEGAL SUFFICIC:IVCY 13 1 t i e A e 0 e L e e OF 3u�% �" A TTACHMENT A m PRYCE PRGPGSA L The Proposer shall provide the hourly rates, unit prices, and equipment rates requested below. These prices and rates shall be all inclusive of labor, equipment, maintenance, fuel, delivery costs, travel time, per diem and any other travel pf miscellaneous expenses. Proposers may offer other required positions as necessary with the written approval of the City's Project Manager. City of Sunny Isles Beach RFP disaster Debris h+lanagement and Disposal 5ervir-es 18-04-02 L 0 ry'p Of W hY` I SCHEDULE 1 -LABOR CATEGORY H6lfRI,Y LABOR RATE I.I. Operations Manager'wl OuLl Pbane and .5 Ton Pickup Truck 9J,OO Crew Foreman w?Ceti Phone A l 'ron lrquip, Truck wl small tools and mise. supplies in sup pori nFeren' 135.00 t•�• rree.Cilmberf ChginsaK- and Gear $ 122.00 Laborer wl Chainsmv and Clear Laborer wl Small Tools, Traffic Control, or Flag Person 38-00 t 6 i Banded and Certilled 5ecurlty Personnel $ 65.00 OTHERS NOT LISTED IN LABOR CATECDRY - PLEASE LIST I;LI,t�LV SCHEDULE 2 LOADING, REDUCING MIND HAULING CATE60RY PER CUBIC YARD 2.1. Vegetadve Dcbris Removal (based on Sudon 3.9) Work Consists of the collccllon and transportation of cliaiblu vegetative debris on the ROW or public property to a City approved debris management si_e (DMS) or City approved final disposal' sitz. This proposed rate shall apply to Rernoval of 1 9 !Debris from City Parks & Facilities. 1.3. C&D Debris Removal (based on Section 3.10) Work consists or the collection and transportation of eligible C& D on the ROW or public property to a Cit} approved debris inanti ement site (DNIS) or City approved fival dis osal site. Note 1: Tipping fees will be a pass through. / Assume mileage is 0-20 miles - for mileage over 20 please add $0.22 CY / Mile. City of Sunny isles Beach I RFP Disaster Debris Management and Disposal Services 18-04-02 2.3. DMS Operation and Debris ManagLinerrt and 120uetiun (hostel on S(Vipn 3.18) Work consists of managing and operatingDMS for acccptanrr, TnanagQrnent, and reduction of eligible C&D and vegetative $ 5,60 disaster related debris.. ManagEement and Operation of a 1 cmporary Noris Staging and Reduction Site per incoming Cubic Yard - 2.4. Mileage for Haul -out to final Disposal Site within 25 miles From DMS (based an Section 3.)9) Work c:ansists of Monsponing eligible disaster related debris to a City approved final disposal site wjdl 3 25 Miles from the $ 4-95 DMS. Distance is measured as rhe crow flies and rounded to the nearest mile, 2.5. --...— 26r50.9 Miles $ $.25 2.6. 51+Miles 10.50 Rmoyal of Hazardous Trees and Limbs (based on Section 3.14) Work consists of removing eligible hazardous trees or limbs and placing th+3m on the safest possible location on the, $ Cicy ROM' for collection under the terms and conditions or Scopc of Services Item 2, Vegetative Debris Removal. Sizes as follows: 6 inch u) 23-99 inch diameter tach �.8. 225.00 � $ 24 inch to 35.44 inch diameter each 2-9. 400.00 36 ittch to 47.94 inch diameter each $ 2.10, 500-00 48 inch and laTger diameter each 600.00 2 t t Rein ova I of 14aZardous Slumps (13ascd on section .1-15) Efate includes rcmpval, backfill of stump hole, rc(lactlon, and final disposal. Sizes as Follows: 24-1 inch to 36.99 int;h $ 400.00 diameter 37 inch to 48.99 inch diameter $ 560-00 a t3 City of Sunny isles Beach I RFP Disaster Debris Management and Disposal Services 18-04.02 t — ,yF a sv- rr e 0 0 t 1 F 1 e e 1 City of Sunny Isles Beach I RFP Qisa>ter Debris Management and Disposal Services 19-04-02 v 49 inch and larger diameter $ 650.00 Household Hazardous Waste Removal, Transport, and Disposal (basedtrn Section 3.11) Work consists of the 3,15, collection, transportation, and disposal of botisehold G. S PERPOtJND hazardous waste from the ROW to a City approved permitted hazardous waste facility or MSW type I ta+idfill e 0 0 t 1 F 1 e e 1 City of Sunny Isles Beach I RFP Qisa>ter Debris Management and Disposal Services 19-04-02 v `"1- OF 3Y♦^Y h' t e s e B 1 1 1 s 0 0 e EQUI PME.NTTYPE (OR INDICATE SCHEDULE.3 1EQUI-VALIENTj- WEATHER LEASED HOURLY -LABOR IRATE WITH OPERATOR CATEGORY.' OR OWNED *Nate - Typically generators arty rented weekly or monthly. This fee does not include 3.1. 50' BucketTruck $ Lease 117.00 Dozer, Trached, D3 or Equivalent 5 Own3.2. Own 84.00Own3.3. Dozer, Tracked, D4 or Equivalent S �W 99.CaO 3.4. DumpTtuck, 16 +/- Cr $ Lease f Own 65,00 3.5, Dump Truck, 20 +f- CY Lease own5 78,00 16. Dump Truck, 38 +f- CY 5 Lease /own L 1Q4.00 3.7. iD0 KGenerator IN � Lease j Own 2,01118.00J Week * 3.8. 300 KW Generator *� Lease 3,900,00 / Week3.9. 500 KW Generator $ Lease 6,600,00 j Week * 3.10. 1000 KW Generator $ Least 12,800.00 j Week " 3.11, Light Plant with Fuel and Support Lease JOwn 21-00 3.12, Gradere w112" Blade (Min. 30,DDD 3 LB) Lease j'4)wn 173,00 3.13. Lowboy Trailer w! Tractor S Own 130,00 3.14. Mobil Crane up to 15 Tarr $ ___ Pump, 95HP (Minimum 25' Intake Lease 3,15. $ and 200' Discharge tet Include Fuel Own 44'00 and Suppark Personnel 3.16, Single Axle Dump TruclS, 5 — 12 a, Own $ yd. 50.00 3.17, 753 Bobcat Skid Steer Loader with Own $ debris grapple 95,00 3.18. Pickup Truck 1 Ton _ Own S 40.00 3.19. Skid -Steer Loader, 1,500 LR Own 5 Operating Capacity (wf utility 95 04} grapple) City of Sunny Isles Beach I RFP Disaster Debris Management and Disposal Services 19-04-07 *Nate - Typically generators arty rented weekly or monthly. This fee does not include mobilization and demobilization or fuel. W p e t iJ a 1 1 t 4 U! Sial FY_ 3.20. Skid -Steer Loader, 2,500 Lli $ Operating Capacity (w/ utility I,ea5e { 0 w 95.00 ra 1e Cornpact Track Loader, 5,.500 LB < Operating Capacity (wl utility Lease Own 95.00 ra le 3,22. Ccmpact. Track Loader, 2,504 LS Lease j C}tivn Operating Capacity (wj utility 95.00 grapple) 3.23. flub Grinder, $00 to 1,000 HP Lease 5 63V.00 3.24. Hydraulic Excavator, 1.5 cy (wf thu m b) Own$ 704,00 3.25. Hydraulic Excavator, 2.6 cy (wf $ thumb) Own 145.00 3.25. Flathed Truck $ Lease 52.00 3.27. Articulated, Telescoping Scissor $ Lift for Tower, IS hp / 37 ft. lift Lease 30.00 $ 3.28. Water Truck, 2,500 gal (Non- Potable, Dust Control and Own 78.00 Pavement Maintenance 9.24 1 wheel Loader, 3 CY, 152 HP Own $ 160.00 3.34. Wheel Loader, 4.0 CY, 200 HP Own $ 195.00 3.31. Wheel Loader, 1.5 CV, 95 HP Own $ 130-00 3,32. Tandem Axle Dump Truck, 16 — 20 Own $ 95.00 cu. vd. 3.33. Tandem Axle Dump Truck, 21— 30 $ L cu. yd. Own 98.00 3.34. Handfed chipper $ Lease { Dwn 42.00 OTHER ITE}1 S NOT LISTED IN EQU1PMENT CATEGORY - PLEASE LIST BF.F.OW A6ditianal I ine Items Per Add 1; 3.35 C&D Grinding $5.90 Per CY 3.36 C&D Compaction $4.90 Per CY i City of Sunny Isles Beach [RFP Disaster Debris Management and Disposal Services 18-04-02 w e t t e e e 7 i P�` tr� fir of Su- �r SCHEDULE AS NEEDED - ADDMONAL• SERV10E.S 4 UNIT R,1TE 4.1. Marine Debris Removal —Per CY 5 148,00 3 4,2. Removal of Abandoned Vehieles - PKr Vehicle 200.00 4,3, Dead Animal Carcasses - Per Pound 1.90 4A. White Goods - Per Unit 85.00 $ 4.5. Residential Drop-off Sitee - Per CV 18-00 4,6, F.• -Wash - Per Unit � 55-00 Authorized Signatory: Executed by; J arnsay, president & CEO (Type or print name) City of Sunny Isles Beach jRFP Disaster Debris Management and DiSpovjl Services 18-04-02 1 e ryF 1, F l O Ry h{T D'eLIVER i0: REQUEST IFAR PROPOSAL OPENING: City of Sunny Isles Beach SECTION 6 Thursday, May 10, 2018 2:30 PM City Clerk BID SUBMITTAL FORMS 18070 Collins Avenue Sunny IsleS Beach, FL 33160 PLEASE QUOTE PRICES, LESS TAXES, FOR THE CITY OF SUNNY I5LE5 BEACH, FLORIDA NOTE, City of Sunny Isles Beach is exempt from all taxes (Federal, State, and Local). Bid price should be less all taxes. Tax Exemption Certificate Furnished upon request. Issued by: Purchasing Agent Date Issued: This Bid Submittal Consists of Genesis Cuevas 04/2512018 Pages 44+ Sewed 11:15 are subject to the Terms and Conditions of this Request for Proposal and the accompanying Bid Submittal, Such other contract provisions, specifications, drawings or other data as are attached or incorporated by reference in the Bid Submittal, will be fecelved at the office of the City Clerk at the address shown above until the above stated time and date, and at that time, publicly opened for furnishing the supplies or Services described in the accompanying Bid Submittal Requirement, RFP 18-04-02 DISASTER DEBRIS MANAGEMENT AND DISPOSAL SERVICES PrsocunementAgent., Firm Name: Genesis Cuevas CrowderGulf Joint Venture, Inc- Commoawy Code l BURN ONE ELECTRONIC COPT LFLA5JYDRIVf OR CV) DNE ORIGINAL AMD FOWR CODIES OF BIDSUBM=AL PAGES; AIVDAFFIDAVITS FAILURE TO SIGN PAGE 47 OF SECTION 6 BID SUSPIITTAL WILL RENDER YOUR BIO NON- RESPONSIVE City of Sunny isles Beach jRFP Disaster t cW5 Management and Disposal Services 18.04-02 C e IiI _... ... .f,FOF3100}r BID SURMITTAL FOR; ACKNOWLEDGEMENT OF ADDENDA INSTRUCTIONS, COMPLETE PART I OR PART II, WHICHEVER APPLIES PART I: LIST BELOW ARE THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED IN CONNEMDN WITH TRIS BID PART II; 0 NO ADDENDUM WA5 RECEIVED IN CONNECTION WITH THIS BID FIRM NAME: Crowd erGuItJal Vqoure, I AUTHORIZED 5IGNATIIRE:DATE: 05/Q7J2018 TITLE OF OFFICER: sident & CEO Y City of Sun ny Isles Beach I RFP Disaster Debris Management and Disposal Services 18-04-02 Addendum #1., Dated Addendum 42, dated Addendum #3, Dated ' Addendum #4, Dated Addendum #5, Dated Addendum #6, Dated Addendum #7, Dated -.- - Addendum #8, Dated PART II; 0 NO ADDENDUM WA5 RECEIVED IN CONNECTION WITH THIS BID FIRM NAME: Crowd erGuItJal Vqoure, I AUTHORIZED 5IGNATIIRE:DATE: 05/Q7J2018 TITLE OF OFFICER: sident & CEO Y City of Sun ny Isles Beach I RFP Disaster Debris Management and Disposal Services 18-04-02 GATE: May &, 2018 ADDENDUM # 1 TO: ALL PROPOSERS FROM; Pur€haling Agent RF1110,. 111 11-111-01 TITLE: RFP 18-04-01• Disaster febris Management and Removal Services SUBJECT: Addendum No. 1 BID SUBMITTAL DEADLINE: Thursday, May 10, 2018'at 2.30 PM Please attach this addendum to the documents in your possession and include the Acknowledgement of Addenda form with your response incorporated in the RFP. This addendum is and does become a part of the Disaster Debris Management and Removal Services RFP. Questions & Answers: 1- there is a significant cast difference and amount of labor required to grind C&D debris versus grinding vegetative debris. Would the City consider adding a separate line item For reduction of C&D via grinding? A. Yes, please add the line item for C&D grinding as line 3.35 part of Schedule 3 of the price proposal. 2. Would the City consider accepting compaction as an accepted form of rcducing C&D debris? A. Yes, however any damage caused to the temp site by any compaction equipment or grinding equipment for C&D must be repaired by the contractor. 3. Please explain specifically how the pricing of one proposal will be evaluated against the pricing from another proposal, including the answer to these questions: a. Will each pricing proposal be analyzed and refined to become orie total number which can there be compared to the other proposals, and if so, what is the formu la that wil I be used to derive that total number? A: Various price analysis methods may be utilized to determine the best value among all proposers. b- Will extended totals (unit price multiplied by estimated quantity) be used to evaluate pricing, and if so, what estimated quantities and what line items will be used to derive the extended totals that will be evaluated? A: The City may use several evaluation formulas i.e. based on total amount of debris generated, mast used services, etc. c. Will all pricing line items be evaluated equally or will some line items receive more importance in the evaluation? A: Not necessarily. As mentioned before, various price analysis methods may be utilized to determine the best value. 4. Is there an existing contract similar to this in place or previously in place? Are the bid tabulations available? A. Attached is the City's previous contract for debris clearing and removal services. 5. Does the City have disposal rates for local C&D, Class 1 and Class 3 waste? A: Rates are determined at the time of disposal and should be considered as a pass through cost. (As in, they pay up front and bill us for actual with verified official dump tickets from the dump site. L t 6. P. 12 states that the original bid security shall be in a sealed envelope and attached within the response package submitted by the RFP deadline. a. Does this mean that the Bid Bond needs to be submitted in a separate sealed envelope from the proposal submittal? A: The original bid Bond must he submitted within the seared proposal, b. Does this mean the original Bid Bond needs to be included in our original proposal submittal? A: Yes. 7. The Bid Bond form States that the form continues on the next page, but there is no second page. Is it correct a s is? A: Yes, this is correC!, the form is rcferring to the Performance Bond, e 1 e :i A n A e 0 e 0 OF SO rr BID SUBMITTAL FORM Bid Title: DISASTER DEBRIS REMOVAL AND DISPOSAL SERVICES The undersigned Contractors proposes and agrees, if this Bid is accepted, to enter into an agreement with The City of Sunny Isles Beach Oo perform and furnish all Work as specified or indicated in the Contract Documents for the -Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. The Contractors accepts all of the terms and conditions of the Advertisement and Instructions to Contractors, including without limitation those dealing with the dispositloo of Bid Security, This Bid will remain subject to acceptance For 90 days after the day of Bid opening. The Contractors agrees to sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within ten days after the date of the Citys Notice of Award. In submitting this Did, the Contractor represents, as more Fully set forth in the Agreement, that: ■ The Contractor has familiarized himself/herself with the nature and extent of the Contract Documents, Work, locality, and all local conditions and Law and Regulations that in any manner may af•;ect cost, progress, performance, or Furnishing of the Work, • The Contractor has studied carefully all specifications and requirements, ■ The Contractor has given the City written notice of all conflicts, errors, discrepancies that it has discovered in the Contract Documents and the written resolution thereof by City is acceptable to the Contractor. ■ This Bid is genuine and not made in the interest of or on behalf of any undisclosed perwn, firm or corporation and is not submitted in conformity with any agreement or rules of any group, associatim, organization, or corporation; the Contractor has ' not directly or indirectly induced or soficited any other Contractors to submit a false or sham Bid; Che Contractor has not solicited or induced any person, firm or corporation to refrain from Bidding; and Contractor has not sought by collusion to obtain For itself any advantage over any other Contractors or over the: City_ The City and the successful Contractor will establish completion times for each individual Work item and the successful Contractor agrees that the work will be cornpieted within the time frames agreed upon and stipulated in the individual Purchase Orders and/or Notice to Proceed. 11 City of Sunny Isles Beach JRFP1 Disaster Debris Management and Disposal Services 18-04-02 a Firm Name; CrowderGulf Joint Venture, Inc. Street Address 5435 Business Parkway Theodore, AL 36582 Mailing address (if different); 5435 Business Parkway Theodore, AL 36582 Telephone No. 800-992-6207 Fax No, 251-459-7433 Email Address. jrarnsay tfowdergulf.cam _- --.. FEIN No. * By signing this document the proposer agrees to aii Terms A C017ditions ' Signa ure ognature of authorized 'ages Print Name: Jahn Ramsay ' Title, President & CEO 0 1 OF SO hr THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF CONTRACTOR TO BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION INHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE S"ALL RENDER THE PROPOSAL NODI -RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOC-ALLY BINDS THE CONTRACTOR TO THE TERMS OF ITS OFFEk. City of Sunny Isles Beach i RFP Disaster Debris Management a rid Dispusal Services 18-04-02 J f Section 7 QUALIFICATION STATEMENT Check one: _'11"1_._1'_1_1 .1.0 City of Sunny Isles Beach IRFP Disaster debris Mariagement and Disposal Services 18-44-02 W Submitted By: Crow erGulfJoint Ven re, Inc. QQ Corporation Name: john Ramsay, President & CEO ❑ Partnership Address, 5435 Business P k ay ❑ tridividual City, State, Zip Theodore, At 36582 Q Other Telephone No. 800-992-6207 Fax No. 251-459-7433 1. Indicate registration, license numbers or certificate numbers for the businesses or professions, which are the subject of this Bid. Please attach certificate of competency andfor state registration. CGC1522633 - Florida Dept. of Business and Professional Regulation 2. Have you ever failed to complete any work awarded to you? If so, state when, where and why; CrowderGulf has never failed to complete work awarded to us. 3. State the names, telephone numbers, emails and last known addresses of three (3) owners, individuals or representatives of owners with the most knowledge of work which you have performed and to which you refer (government owners are preferred as references). City of Sunny Isles Beach IRFP Disaster debris Mariagement and Disposal Services 18-44-02 W va Y.'n NON COLLUSION AFFIDAVIT City of Sunny Isles Beackt r1$p74 GOIlin$ Awcnuo F: FP'' •ria*j4a: * Sunny Isles Beech, Ft- 33160 .oN Tclaphone: (305) 947-0606 Fax: (-%S) 9493113 Alabama STATE OrL F- f CGUNiY OF Mobile i The undersigned being f: tdulyswnrn as provided by!?Lv, dep-=s, and says: This Affidavit Is made with the knoMedo2 and intent than ii is Ti) be r,Ied with The City of Sunny Isles Beach Cisy Gommission and that N will be foliod uport by said County, in ae y wrisideralion whirh rrdy gore ':o end arty aciirn it may take with respect to this RFP. The undwsigned it authorized 10 make this Affidavit on behalf o:, CrowderGuif Joint Venture, Ino. (game of Corporation, Partnership, Individual, We.) a Corporation farmed und9r the ta:vs of Florida ® (Type of Business) (State) ® of which he i. President & CEO (Sole Owner, Pariner, Presid9ra, mt..) Neither the urmlorsi�p i(id nor any person, firm, or torporalion named Pbove n[rr anyone else to the kna'e'ledge of the undersigned, have themselves solicited or emplayad anyone etre to solicit favarahte OdlCn for this RPP by the City, also that no head of any department ur employee lborein. or any officer ofiha City of Sunny Was 9each, Florida i5 direG4 inierewed therein. This RFP is, genuine and not ooltusive or a sham. the person, firm or corporation named above has not colluded, conspired, connived a1 agrec-d direcfty Dr indiracsly wish any proposers or person, firm or oorporation. to put in a sbam RFP, or Mat such person, tl,'m ar oarparaoian, shall reh-ain :rom Biddirg, and has no' in any manner, dirtily or Indirectly, Sought by agreement or elusion, or eornrnunication or ronferance wish any persgn, firm or corporation. To fix the prices of said Bid or Bids of any other proposers; and all statements omllained in ifre RFP yr RFP5 described above true; Mnd further; neither the undersigned, nor the person, firm or corporation named above hes directly or indirectly s0rinited said RF or the oontents thereof, or divulged iniarmahun pr data relative thereto, to any association or t an embe or agent Memo:. Jo amsay President & CEO AFFIANTS NAME AFFIANT'S TITLE TAKEN, SWORNAND SUBSCRIBED TO BEFORE 11E this 71111 day or May 7{}18 Personally Knvwn X or Prodwoed identifiGaflon Type`05 i¢entri'ation (Rtfix seal I'>drp) NOTARY PUBLIC (name printed or typed) t ' : Kerri6•A. NO Nolaiy Pu�x; .labil6 Ca mty, At. • "y Ccinmis5tan Expias Sept 12 201 a 0 'I of 10 1 t SUr N Y +!!FJ PUBLIC ENTITY CRIMES ` - City of Sunny Isles Beach ',� -. ti • e° TWO Collins Avenue `. +�•rcfl*` +�Smnyls7esBesr]ti,FL 33150 '• 40 U.- •Telephane: (306) 94 1-43606 Fax: (305) W4u-3113 SWORN STATEMENT PURSUANT TO SECTION 287,133(3)(x) FLOIIUDA STATUTES, ON PUBLIC ENTITY CRIMES PUBLIC ENTITY CRIMES Pursuani to the provisions of paragrapn (2) (a) of Section 781.133, rlorida State Statutes - "A person or affiliatK who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a ¢id on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a public entity for the Construction or repair of a public building or public Work, may not submit Bids on leases of real property to a public entity, may not be awarded to perform Work as a Contractor, supplier, Sub -Contractor, 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 Sec, 257,017, FS for thirty six months from the date of being placed on the convicted vendor Ill st", THIS FORM MUST BE SIGHED AND SWORN TO IN THE PRESENCE OF A "OTARY `3UBLI11 OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to City of Sui1nyr isles Beach by John Ramsayr President & CEO [prim individuerx rainy and GOet for CfowderGuIf Joint Venture, Inc. Lirinl nae! Of e+l'?ly sdhmildirg awarn SULememl whose business address is, 5435 Bus1ne55 Parkway Theodore, AL 36582 and (if applicable) its Federal Employer Identification number (FEIN) is 01-0626019 _ (If the entity had no FEIN, include the Social Security Number of the individual signing this sworn statement; I 2.-' 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(9), Florida Stature% means e 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 witl3 the United States, indudng, 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 of the United States and involving antitrust, fraud, theft, bribery, CpAusicn, racketeering, conspiracy. or material misrepresentation_ 3. 1 understand that "convicted" or "conviction" as defined in Para. 287.133(1)(b), Florida Statutes., means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trail court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilty or nolo contendere. d_ 1 understand that an "affiliate" as defnpd in Para. 287.133(1)(a), Florida Statutes, means: a.) predecessor or successor of a person convicted of a public entity chnie; or b.) Any 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 crilme, The term "affiliate' includes those officers, directors, executors, tIARnBrS, sharehatders, 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 another person, or a pooling of equipment or income among persons when not for fair 2 of 113 market value under an arm's langth agreement, shall be a prime facie case that one person controls another person- A person who knowingly enters into a joint venture with a person who has been cpnvicted 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 Para, 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United Slates 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 cervices let by a public entity, or which otherwise transacts or applies to transact business with a public entity- The term "persons" inoludes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of any entity. 6. Based on inFormation and belief, the statement which I have marked below is true in relation tr] the entity subm"ting this sworn statemWnt. ;IndicUte which statement applies.) Neither the entity submitting this sworn statement, nor any of it's 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 manaremanl of the entity, or an affiliate of the entity has been charged with and convicted of a public anlity crime subsequent to July 1, 1989, The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989- However, there has been a subsequent proceeding before a Hearing Officer of the Slate of Florida, {division of Administrative Hearings and the Final Order entered by the 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 swum statement an the convicted vendor list. (Attach a copy of the Final order.) 1 UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY 1DENTIRED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY QNLY 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 287.047, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY, CHANGE IN THE INFORMATION CONTAINED IN THIS FORM, By: (Signature) John Ramsay (Printed Name) President & CEO (Title) Sworn to and subscribed before me this 7th clay of May 20 18 , by (AFFIX NOTARY STAMP HERE ��; Alabama Kerr A l ,` ` 'r ~, Signature: Notary Public - State of-11!ladda_ Notary PWir, N'Obila CAWIV. AL hey t ammis5 w Expires Sept 12.21016 _ -,~ �ce'rse A. Mei - - - L` -'; y : Pri^t or Type Commissioned Name Personally Known x 0R.>':oilucet,tdenlll'ica)ia+i� _ 1 Type of Identificatlon Produced r' _ 3of10 i yueKY istFr EQUAL OPPORTUNITY UFPORTUNITY � ' AF_FIRMATIVE ACTION �. ''• 7,0 *�° � City of Suflny Isles Beach ` 1007Q gi)11ins Avunuc Sunny Ices Beach. FL 33:5D Tcicphanc; (305) $yT-0800 Fax: (305)94D-3113 EQUAL OPPORTU Ni[TY/AFFIRMATIVE ACTION STATEMENT The contractors and all subcontractors hereby agree to a commitment to the principles and practices of equal opportunity in employment and to comply with the letter and.spirit of federal, state, and local laws and regulations prohibiting discrimination. based on race, color, religion, rational region, sex, age, handicap, marital status, and political affiliation or belief. r Signed. Title; resident & CEO Firm: Crowder ulf Joint Venture, Inc. Address.. 5435 Business Parka - Theodore, AL 36582 l� 1 1 e 1 4 of 10 r • I EmployerWi2ard Page 1 -of i Emplpytr+ ntEligibiliRyV9riFicat�on KaLtyJe"e KUWM+wa f7 7PM,:'tiJ11R410 Iagow -Company ttiformation Jey wW cam vlgwGeser: CompBuy Halite; Grc,rd Gulf l4inlvrniura �Y{aw_fjEdk_ti ►hF Ft�-A Cnmpaay fD NLlmtigr: SiYI70 WLPmfiY DOWN $ltBinEs6 A9 [.DRA) C:ilanp PatswcrL' moo- 1wtx,--my Ph slcalLocativn: 51%1 Curwa+�r�e� Y i�taUing AQttress; Add rias 1: 9433 Buvi'ess Par" Addres3 it A" New V sc AdCresa 2. .Addraga 2: Vkw Fling Uwe GMS+' Thuoftm Clcxec Ve--qAmaunL Sate: AL Sate: fey ft" -m M CodE: 35597 Z1p Ce ee: View Rows c4un%2 hdD61LE myrsismimss AddiHowlInforrhaitlon: wrewEurMierRewimee IEmptoyerderidfluxlenNumber 1426S 19 a)LtTwlwler TotaaNumt-c+ofEmplerysesl 24Ea99 Aft* UrAr wruY Paren' Orginiatlon; Lunda vs AdnlfrdsIje f.. OrIganlsatlon Oerlgnation: Efnprayer Category ! No6a nl chew 6mbep4o appy kedc9 Code: a? - WASM MANAGEMSOT AND REMEDLATION SOViCES . 'f i, Taut Klang SIrr: f .=,�vio�afEdlt. lr tal Pei rib. of Contret 3 uB Pvwr+timee Fls��rd°sa-rr-+r�•ois9a. US Guar=5�n7 �++�agolxi FncNarl•www. �C�.Vor 1•wsclMh 4��bew�+wa https:ffe-verify. inc ia.g.O vlerrtp{Emg1 oyer -W i=d, as,px I w e 0 ti J 1 a e 0 d CONFLICT OF II4TEREST City of Sunny Isles Beach 18074 Collins Avenue Sunny 15le$ each, rt 93160 - �.DD Telephane:R3OS] 947-0606 Ftx:1306) 94 9-3 113 4r rr - FLOY- Oti4* rk O 104 FP CONFLICT OF INTEREST STATEMENT The award of any contract hereunder is subject to the provis;ons of Chapter 112r Ftarioa State Statutes, proposers must disclose with their Bids, the name of any officer, director, partner, associate cr agent who is also an officer or employee of the City of Sunny Islas Beach ar its agencies, SPATE OF FLORIDA COUNTYDF Mobile BEFORE ME, the undersigned authority, personally appeared John Ramsay who was duly sworn, ceposesr and states: 1, 1 am the President & CEO office in in Theodore. AL 355a2 of CrowderGulf Joint Venture, Inc. with a local and principal office 2. The above named entity is submitting a Bid for the City of Sunny Isles Beach, Bid No, 18-04-02 described as Uses* Dalxi Mianagernsa: and Disposal services , The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his own knowledge. 3, The A fiarnt states that only one submittal for the above Bid is being submitted and that the above named entity has no financial intere5t in other entities Submitting Bids for the same project. 4. Neitherthe Affiant northe above named entity his directly or indirectly entered into any agreements participated in any collusion, or otherwise taken any action in restraints of free competitive pricing in connection with the entity's submittal forthe above Bid- This statement restricts the discussion of pricing data until the completion of negotiations if necessary and execution of the Contract for this project. 5- Neither the entity nor its affiliates, nor anyone associated with them, is presently Suspended or otherwise ineligible from participation in contract letting by any local, State, or Federal Agency. 6. Neither the entity, nor its affiliates, nor anyone associated with them have any potential conflict of lnterr.st due to any other clients, contracts; Car property :ryterests for chis pmject. 7. 1 oErtify that no member al the entity s Ownership or management is presently applying for any employee positloa or actively seeking an elected position with the City of Sunny Isles Beach, a, I certify that no member of the entity's ownership Gr management, or staff has a crested interest in any aspect of the City of Sunny Isles. Beach. 9- In the event that a conflict of interest is identified in the provision of services, I, an behalf of the above named entity, will immediately notify the City of Sunny Isles Beach. Dated thl 7th day of May - John Ramsay, President & CEO fFIANT Print nr Typc Namg and Title 7th---Nlayyf 8 Sworn to and subscribed before me t#lii f 'r 8 Personally Known, OR -- - = ❑ Produced Identification - Type of Identification_ = Alabama 1t -' NOTARY PUBLIC STATE OF A �.' . F � _ KeaiaA N 'r'•�- . - . NOIary Mile, WAbj�. County, AL r _ _ S 01- iF hey co�mmiss Expires Sept I Z 2048 9 yu�wr 7trf •nom; n DISPTJTE.. I71.SCLOSURE V T City of Sunny Isles Beach ' ••' 10070 (;# linS hvgnyg "r"P X31.,0 ` Sunny Isles Baer, FL 33150 - `' Tela phone: (305) 347-0606 Fax: (305) 999-3113 DISPUTE DISCLOSURE FORM Answer the following questions by placing a "X after "Yes" o: "No". If you answer "Yes", please explain in tlhe space proviided, or on a separate sheet attached to this farm. 1. Has your rirm or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulations or any other regulatory agency or professional associations within the last five (5) years? YES NO X Z. Has your frrm, or any member of your term, been declared in default, terminated or removed from a contract or job related to the services your firm provides in the regular course of business within tfie last five (5) years? YES NO 3. Has your firm had against it or filed any requests For equitable adjustment, contract claims, Bid protests, or litigadon in the past five (5) years that is related to the services your Firm provides in the regular course of business? YES X NO If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the monetary amounts of extended contract time involved, Litigation summary Attached I hereby certify that all statements made are true and agree and under5tand that any misstatement or misrepresentation of falsification of facts shall be cause for forfeiture of rights fog further consideration of this Bid For the -City of Sunny Isles Beach. GrowderGulf Joint Venture, Iris. 05/07/2018 FirX pate John Ramsay, President & CEO nature Print or Type fame and Title �1-; i. e a Of 10 eAFMCRDWDER 0 Lawsuit and Judgment Statement -� Litigation Summary CrowderGulf strives to maintain the utmos, integrity and reputation in this industry. We have been very su=ssful over the many years we have been in business but as any company can attest, being in business does allg.v a certain amount of exposure. Palmisano, et at. Y. CrowderGulf, LLC, et al.: CrowderGulf is cumandy defending a lawsuit filed by certain individuals who performed for subcontractors of CrowderGulf work during a waterway debris removal project fallowing Hurricane Sandy in the central region of New Jersey. The iadivldual plaintiffs have taken the position that CrowderGulf violated prevailing wage laws by no! paying a prevailing wage for the work performed. However, the project was bid under emergency procurement procedures, and CrowderGulfs client represented that it was not a prevailing wage 16, CgAvdwGulf expects to have no liability, or to be fully indemnified by its client if any liabilily is determined to exist. Crowd erGuIf expects our projected outcome w have no liability, or to be fully indemnified by its client if any liability is date rmined to exist." to addition, the most current Dun & Bradstreet Report for CrowderGulf, it identifies the total number of suits, liens, judgments and bankrup'cy proceedings as zero. Due to our diligent efforts, we have been involved in vary few litigation cases, none of any significance, R11 0 e e t dil a 0 a 0 a Alabama STATE OF FL- B } } COUNTY OF �notil�e � ANTI -KICKBACK City of -Sunny Isles Beach t8070 Collins Avenue Sunny Isis Bmch. Fl. 33190 Telephone- {305} 947.0606 Fax- (WS) 949-3)13 ANTI -KICKBACK AFFIDAVIT If the undersigned, hereby duly sworn and deposed say that no portion of this sure herein Bid will be paid to any employees of the City of Sunny Isles Beach or its elected officials as a commission, kickback, reward or gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. The foregoing instrument May-- , 2018 , by of person), as P-esidiwl & CEO_ CrpxvdarGL:ll Joint Venture. Inc. executed]. ay; Titl : Jolin ROMSOY Presltlpnt & CEO was acknowledged before me this An day of Jahn Ramsay [name {type of authority], for [name of party on behalf of wham instrument was AFFIX NOTARY STAMP HERE: a"" 6LA Ken*A-Nal Notary Public-_ State of fh3tida Alabama Notary Pu66c. ale County, AL Ny commission es SapR i2, 2D19 Kerda A. Noll Print car Type Commissioned Name ��Fer�nnallyk�nay:>,'n OR Produced Identification _ +rT1pe of Identikation Produced 7or1[1 BID BOND � S k. Cily of Sunny Isleg Beach *' F t3076Caain$?venue ` +f �' • ,-to•`��.' Sveny Blas aulth, Fl 33160 Telrphone!1305F!)Q-06DEFax: (20519<33113 �. STATE OF FLO;340A } COuNVTy OF Dade y I(NOW ALL MEN BY THESE PRESENTS, that we,_Crowderrsulf .taint Venture Inc. as Principal, and Trsvela _Caagalty aild SuVOC, o —.ij&1 r Of AMG Ca , as Sureq% aro held afiv Ilfiriiy .bound unto Gae Cily of S rirq ISIds Beach, a municipal corporalion of the Scale -of Floetda in the sum or Flvo Thousand and DOM DQ f %Ids, (S SADAO 1, lawful money of the Urktad $tates•,'ldr the,pay4n2rit of which sum well and truly to be made, we pind ourselQs. our Aeirs, executers_ a;iministmtors and suowssors j6ntly and severally, firmly by these presents. 'THE G6NOiTION OF THIS OBLIGATION *IS SUCH Thal whereas the Principal has 3utunitted the aCCOBpanYln$ Bid dated, may 1a 2018fcr:. RFP 1 U -114-i]2 Disaster Debris Management snd aisposa nsj�r,Q,y_ WHER EAS_ it was a "Wition vewdenl to the SUVniSSlon of Said Bid that a easktifr6 chalk or 9fd Band in the amount of rive perrenl (5%) of the Base Bid be subm:hed with said Bid as a gbaranlae That the Proposers wptrd- if awarded the Contract_ erntf into a written Contrail whh The CIly ror lha Rrfgrmanc2 of sold Comma, within ten (10) aansemlive rarvndor elaya after w".I len notice mAng tieon given 0f the Award of the Gonlfact. NOW, THEREFORE. lh2 tonditions of IN& -obligation are such ihal if the Principal wi;hn len (110i consecutive calendar days afterw6tten cloth@ of such acceptance, enlers into a written Conlrap with the Cily of Sunny Isles Mach and runfishes the Performance Bond, sa %?aclory to Mae City, eatA in a n ari7Ouyt equal 40 OftP •rmndfpd pefcent (100%1 Of ilia Gewlratl Price; and provides all required Certi6[a7es of Insurance, then 11 is Wi,Ation shall bC mbid; olhor-jm the Sum ltrmir, stated Snall tit dug and payable Io the City ,I Svnny 15re5 iIoarh 2nd 11,p Svreh' herein agrees to pay said sum Emmedialely, upon dernand of Me Ciiy, in good and twLAA mg> ey of the Urii M Slates of Arnerlea_ a5 liquidated damages ror laeure lhereaf otsald Plinetpal, IN WITNESS WFIEREOF. the above twnded 1pailies have executed this inslndr.rnl under thair several seals this 104111 day oT ,24 tib ,.the name and the corpdrats seat cf ea€li cq:panate part' fietng hereto affixed and these presents being duty Signed fjy its undersigned fep'resenrmive. DOCUMENT CONT IN LIES ON NEXT PAGE 1N PRESENCE OF: r Qf ••� - Crowduarfluif Joint Veaturo, Ince By.- individubdorAadner5hipPrindpal Affix•C raleSeal' 5435 Buslnuss Parkway r- 61,151n.M Adisress Theodore, AL 36562 City, Stale. and Zip Code 251459.7430 261-459-7433 _ Business Telephone Business Farsimi7e E; avelers Co Patty tend Surety C ny a ri ongollo, (� rpoiate Surety)' p�Q y Backrrurorth. Aaeoun! Manager Ate a Ir.-Fvpt ® 'I mpress:CorpoialeSea l R�S1 IMP 4Rrp,ffT Surely cdmpanjes ellgCllirlg 110ndS mu:sl appaaI On the f ma wry L]rpaOrneW. most cun2nl I'll (circular 110 as amended, and tie aulhorized to tran5aot business f n the S9ate of Florid a- 801110 e POWER OF ATTORNEY TRAVELEM Farmington Cwualt:= €ompany SL. Paul N4lercury Insuran re Cnmpany Fidelity and Cuaranh• Insurance Cunrpua} Travelers C3cualt}• and Surety Cmmpany Fidelity and Guarana In.guranore Linderu'rilers, W. Trims'elem Casual(v and Surety' ('nmpanruf Amcrica 51, P;rul Firr Lind t1'larinc Insurance C:mmpany Unirttt Slides FirMi[s Mud CuaranLy Company tit. PILLII (:uardi-in lm m'311Ce Company Aitarnry-In Fact h!o_ 17G I Cerdkijir 1o. L.! 0 7 10 7 9 4 3 KNOW AIJ.:MEN BY THF.yF. PRFfjFNTS! Tlsal FSrmirl{I(,n CAualLy' Contpan<-. S(. Paul I:nr and"Marine Insurance Cnnipaay', Si. -Paul Cuardran Insurance Company_ Si. ?cul Iger€un Insurance Campany;'1'ravclers Cssuah} and SUMS' Cornpony. Trtsveler5 Casuah_v and SurrLy Company ar_'lmeric•a. anu Uniled Stovs Fidel;ry �. i C,uhrryP!•.COmp1r+ art our—raliuna 4uly ur_unlLerl.under the laws of ib^ Sralr pF Coonc,•!icv thea Fid,lil+r ;;.d Gual:,.; ]m ---fax, Con•: ^ " is a p ,. eoilioi P6fin duly ngm0cd ander rhe laws Of Ikc 5111e Of igsv:l, and Lhat Pidelily and Guaranty Insurance tJndcnu•riier;•_ Inc.; is a rarpnralion duly omanized under rule laws ni Lha Slate of Wisconsin (hemintvileuively caLLed the '-Coml'anie -); and Thar rhe CO:rlpaiiies do heerbv makr.c•onstiiulr and appuinL jnmrs N. CojiteGo, James C. Conaclio. and LeRiLa WdRhl ni ncc Giv of Maitlan(l- Sun. 01, Florida th:ir Lne and lawrul Alloml%y(5) in•Facl, each in Lheirsepimut capacity if inure lh:in une is namtd abuYe_ ro sign. execute_ seal and acknowled.gc any end all bonds, recognizance$, epndi;ionel uade'rcekines and och,.r u'rirings nhlip;or, in nce narurc cacrenf on hehali of rhe i0,[Ipsltii5 in chCir busincs, of waranleei ,g Q& fide!kLy of persons. _uamnletiny thr perfum aiii-v of eaniracLs and CY€ewinF Lir guaTantrrins! bunds and umlvua inns reyutred nr pcnniticrl=in any actions nr.prorecjin{: aliened by 11N. 1 l�'IT�lESS W11EREO F. Iht CUM p nirs ha5r caused this it:slnunont;Lu'bc sLene� arrd'LheircoiporaLe seal.: In he heron alined. Lhis ?blh day r la 1)uary 1017 { Farmington. Casualty Cpmp31fr 51. PMLLI itlrmurs Lnsur;Ince Coiupanr Fideli(r and C:uaranLy'ILLsrirance{(;oinpan}'.,Travelers Ca?ually and Suraty (:ompanr [ _ j1 L Fidelisy and Guoranty Irrsuiulrtet U L(ltncrlltrs, Inc. fra�'cicrs Casualty and Surely' Cumrpanti OF America St. Paul Fire and Marine Insurance Cnmpany 1Jnited SIaloS FideliEy and. Guaranty CCIMPans Si. Pau] GunrtlifIll Insurance Company ,'S•,,t � *Sl.[ 6 +4+ ��9`'Y_'t I49.a �f, #r+#�� F .J rkp 6V,, �� .. .�Y+'1•�y #r 9S SU n a1�tlfath t f •-5 • - iu xp° rte, �� r a:rpy4=airt4 � ' ,R �W �a i977 it I iz; l F.arFn� n z xonia� re 6r t` 19$1 r c" f L,3 "Y' 51 XL .i�� S -ate of Connecticut 1J5: Oily 4f I IartFOld SS. Rotr_n t Raney. Sr1YV Vice Prv>idenl Cie chis Ihr __ ?Fj}h, day. of January 3n 17. belbic me personally app`accd Raben L. Raney'. who acknuu•Ird{ed Lirui,^1F;o he=he SeninrVice President ofFanrim!Ion CasuallyCompany- Fidelity and CuaranrylnsuranceCompany: rid^lit%-and GuarawyInsurancelinderwrltrs,Ink- .S -.Paid Firr ,owl hga:inr. 165Lrr1n.0 ('ompany. Sl, PnsLI rLiardian Insurance Conlpnn?. $L. Patti it'lemmw ]nsarance Compmay.TravOers Cosualry and Strew Company_'iravelcrs Casually and Surely Cumpanv 6f Anicrit';l..,nd United Soto Fidtliiv and Guarmly Compamy_ and ;baL he. as <-uch. bein_i. auLhorictiJ so lu d4, ; secured 14r Fnreeoiap [nar,vnien; fin: the pulposus rhrrein camained by signing on hehall of Lhc corporaiions by himsclF as a duly auihnri7cd ndiccr. In lYimm K'hcreof, l hercun4o set n;y hand zinc!i3fficial sial. ®® My CiFnn niSSif}n ral;irea the .iOriL da+ rr lune_ 202 L. * B S i Starir C. Teueauh.toran' PIrEI_c 58440-5.16 Plmted In U.S.A r Hi _7 Attachment "B" Scrutinized Company Affidavit CONTRACTOR ANTI—BOYCOTT CERTIFICATION vtc 0 [PURSUANT TO FLORtDA STATUTE § 287.1351 on behalf of Print Name Company Name certifies that Company Name 1. Participate in a boycott of Israel; and does not: 2. Is not on the Scrutinized Companies that Boycott Israel list; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Cuba or Syria. Signature Title 01 Attachment "C" E®4'rify Affidavit Florida Statute 448,095 directs all public employers. Including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E - Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E -Verify system. Florida Statute 449.095 further provides that if a contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, all contractors doing business with the City of Sunny Isles Beach are required to verify employee eligibility using the E -Verify system for all existing and new employees hired by the contractor during the contract terra. Further, the contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of the awarded vendor to ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify website (https:Hwww.e-verify.goy/employers/enralling-in-e-verify) and follow the instructions. The contractor must, as usual, retain the 1-9 Forms for inspection. By affixing your signature below you hereby affirm that you will comply with E -Verify requirements. Company Name Offeror Signature Date Print Name Federal Employer Identification Number (FEIN) Title Sworn to and subscribed before me on this this day of 2021, By ❑ Is personally known to me ❑ Has produced Identlflcailon (type of Identlttcation produced, Signature of Notary Public Print or Stamp of Notary Public Expiration Date RA1, ' FIRST ANtENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BENCH AND CROWDERGULF JOINT VENTURE. INC. „ CONTRACT NO. 6622-094 This First. Amendment to the Agreement between the CITY OF SUNNY ISLES BEACH "City") and CROWDERGULF JOINT 'v7ENTURE, INC. ("Contractor"), executed this LVW day of '2021, is made apart of the original A.greenient ("Agreement") dated June 28, 2018, ,e ween the City and Contractor, a copy of which is attached hereto as Attachment "A", whose Federal Identification 4 is O l -0626{11.9. The City and Contractor hereby agree as follows: 1. OPTION TO RENEW. Effective June 28, 2021, the Parties hereby wisli to renew the Agreement for one (l) two-year terra in accordance with Section 1.4 of the original Agreement, as more particularly described in Attaclmient "A", which is attached hereto and incorporated herein by reference. 2. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, contracting with any entity that is listed on the Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of Israel is prohibited. Contractors must certify that the company is not participating in a boycott of Israel. Any contract for goods or services of One Million Dollars (S 1,000,000) or more shall be terminated at the City's option if it is discovered that the entity submitted false documents of certification, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleurn Energy Sector List, or has been engaged in business operations in Cuba or Syria atter July I, 2018. Any contract entered into or renewed atter July 1, 2018 shall be terminated at the City's option if the company is listed on the Scrutinized Companies that. Boycott Israel List or engaged in the boycott of Israel. Contractor must submit the certification that is attached to this agreement as attachment "B". Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Conti -actor shall Have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 287.135. 3, E -VERIFY. Florida Statute 444.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E -Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E -Verity systenn. Florida Statute 448.095 further provides that if a Contractor enters into a contract with a subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 44 ,095, Contractor is required to verify employee; eligibility using the E -Verify system for all existing and new employees hired by Contractor during the contract term. Further, Contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of Contractor to ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit. the E. -Verify website (https:,/www.e-verify.govfcmt)loyet-s!enrolling-in-e-verify) and follow the instructions. The Contractor must retain the 1-9 Fort -as for inspection, and provide the attached E -Verify Affidavit, attached hereto as Attachment "C". 4. fl'I'IfiI?R PR€}'�'Itilt}'�'ti ItF;tI.1I�' E^� H:F`k'HrC"I'. Except as speci@icall,. rstt dlFicd herein, all terstts and cirntlitiutt8 irt'fllc rriginal Agreement Itett' een the parties datedJttnc 28. ?t_FI + shall rwrtlLtis6 in lull filrcc and effect. '"FiTI.N. . PROVISIONS. Thc• terms, s(atelasemN, reqtirainCMN, or l7scrvisicrtss contained in this First Amendment sltall prevail and he givcn SUp ritrr effect and priority o r any conflicting or incowdstem terms, statements. requirements or provisions ci,rtta ud in any csther docUItte_nt ur attucltnlcnt. including but not lisltited to Attaihtttcnt "A" "E3" and "'C•• IN WITNESS WHEREOF, di% partics h rdo haw ewcstted this First ,ort;erldmem as of the date mentioned , bovc. WITNESS: � f _ ;414!ItatUl'L' Wesley.Naile Print Namc ATTh BY f1I kv el.,kA r C_'�, ( Clerk f1mg.c CROWDEI CULFJOUNT VENTURE, INC. r Signiture Ashley Ramsay-Naile Print Name- AS its President -- - - - - -. George H. Scholl, MILVOr APPROVE S TO FORM AND LEG IN S - FFfC F: ' v Edward A, Diurt, City ltomey Attaichm;nt "A" Original Agreement L,,,;M Y IS! AGREEMENT BETWEEN THE CIT` OF SUNNI' ISLES is mar . BEACH AND CROWDER GULF JOINT VENTURE, INC. CONTRACT NO. 6622-094 o, sew ryo TI -11S C0N-1'RACTtJ 1. AGR1 .MENT (hereinafter referred to as the -`Afire-emenC) is made in duel icatc, this Pay o['Junc.2018, by arid between tht; CITY OF SUNNY ISLES BEACH, Florida, (hereinafter referred to as - C.ity;% and C:ROWDER GULF JOiNT VENTIME, INC., a corporation authorized to do business in dic State of Florida (hereinafter referral to as "Contractor") whose Federal I.D. 4 is 01-0626019. RECITALS WHEREAS, in response to the City°s RcCluzst 1'or Proposal (RFP) No18-04-02, and Resolution ilio. 2019-2825; a secondary Contractor waS Selected tp provide emergency/disaster debris clearing, manrlgemenl, and removal operations ['car the City ("Services"); and WHEREAS, Contractor has expressed the ability and desire to provide these Serviees, as more particularly described in Attachment `'A", a copy of which is attached hereto; and WHEREAS, the total amount to be paid for the Services is on a unit price basis in accordance with the Fee Schedule, as more particularly described in Attachment `-A". NOW THEREFORE, in aonsideratinn of the promises and the mutual covenants herein name;, the parties qmr as follows; 1.1. RECITALS. Tk llecitals set forth above are hereby incorporated into this Agreement and made a part hereof fnr reference- in addition, the following documents are hereby incorporated by rr ['erence alid lnade. part 01' Lhis Agreement; Q Specification rind Proposal Documents prepared by the City flor Disaster Debris Management and Removal Operations, RFP No. 18-04-02, ii Respupw to RFP No. 18-04-02, prepared by Contractor, a copy of which is attached hereto as Attachment "A" and incorporated herein by referertee- All Lxhil its are collectively referred to as the "Contract Documents". 112. SERVICES. Contractor shall provide f_:mergency Debris Clearing, Management, and I�etnoval Operations as the secondary Contractor, to be utilized in case cr1'dcllaLdt by the• primary Contractor or to provi& assistance and additional resources to primary Contractor, for services pursuant to the terns and conditions set forth in the Request. for Proposal 18-04-02 and Awa hmcnt "'A", Contractor shall perform the Services under tic general direction of the C4y. and shall furnish all labor, materials, supplies, cquipmcnt, supervision and services ncccssary for and incident to the perfonnanoe of the Services, except. as otherwiw netted in the specifications. By signing this Agreement, the C:antractor represents that it thoroughly reviewed the Contract DOCLnnents inccirpt+ratcd into this.Agreemcnl and that it accepts the Services and the conditions Under which the Services are to he performed. 1.3, OJAIAVIC.ATIONS.C:ontractorandtheindividual executin'thisAgreementonbelialf of the Contractor warrant to the City that the Contractor, is duly constituted and authori7.ed to do 6622-091 CROWDFR GULF JOIN TVRNTURR: INC.. Cid, cjf Sunm.j, Ales Reach 18G70 Collins Avenue, Sunny Isles Beach_ Florida 33160 (345) 947-0606 phone ( 305) 949-3311133 Fax husiness in the State of Florida. k in good standing and that the Contractor pos5esse5 all of the required licenses and certificates of competency required by the Statc of Florida anal Miami -Dade County to perfo m the Services herein described. 1.4. 'CCRM. Subject to the provkion5 relating to the termination of this Agreement as set lbrth hereunder, this Agreomctit shill. commend; upon c:tecution oi' this Agrt;emcnt by both pasties and shall be for an initial. term of three (3) years with the option to renew the contract for one (I ) additional two (2) year period; for a total o[' five (5) years. Se3-vices under this Agreement shall commcncc upon the issuance of /Notice to Procccd from the City Manager or designee. I.S. COMPENSATION. Contractor acknowvlGdges that this is a contingent services contract and that no payments will be made or due from the City unless Contractor is specifically engaged b,y the City for a specific c.mergoncy, All paymonts to be made hereunder shall be paid in accordance with the Pee Schedule contained in Contractor's ]response to Regitest for proposal 14-04-02, attached hereto as Attachment "fit" and incuq)orated herein by reference. All invoices and payments shall be for Services completed pursuant to this Agreement after Submission of invoices to the City_ All invoices shall be submitted in accordance with bequest for Proposal 19- 04-02. The City will pay properly submitted invoices within thirty (30) days of receipt, for co repleted and accepted Services, unless the City' 1730(HI .s the COntUtctor in writing ol'tho dispute, before the payment is due_ The C:ity's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the Cit„ Commission. The Contractor shall snake no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Cnrrtr"tlCtor With the prior written approval of the City, if the City disputes any charges on the invoices, it may make payment of the uncontested amtxnts and withhold payment on the aontcsted amounts until thcy arc rosolvcd by aurvenriont with Contractor. There are no r6mbursable expenses associated with this Agreement_ 1_6. PE�RVQRMANC K ANTI PAYMENT BONI). Upon activation of a ta4k order by the City, Contractor will be required to provide the City with a PerlbrmanGo and Paymcnt Bond in the amount of 100% of the contract/ Purcha,e Order value, whichever is greater; within three (3) calendar days u('a written 'Notice to Procccd' by the City Manager or designee. Once activated, the Payment and Performance Bonds shall be in force for a period of riot less than one (1) year from the date o[i7riginal execution by the Bond Surety. Bonds slhall he executed by the Contractor and surety company authorized to do business in the State of Florida with an A.M_ Best rating of ;'A-'-- (Excellent) or better; which bond shall be conditioned upon the successful c4inipletion 01'111.1 work, labor, services, materials to be provided and furnished, and the payment of all subcontractors, materials and laborers. if the value of the contracted work increases, the Contractor shall be required to provide an Updated Perf'onnance anti Payment Bond in an arnount equal to the new value_ ].7. T1MY. IS OF TffE ESSENCE .All parties agree that tune is of the esscric.e. The. Contractor nmist provide sufficient equipment and labor, based an the magnitude of the disaster and information lion dHMttge assr:ssments, net:e5s11ry to meet the City's tirnuhrics as ioll.ows: 1) 6622.094 CROWDER GULF JOIN1' VEN /'LIKE_ INC. 2 (`lly of Sunny 1sles Peach 18070 Collins Avenue, Sunny lslcs Scach. Florida 33160 (30-j) 947-0606 phone (;05) 94�-3113 Fax clearing o f' primary rights-of-way within 2411ours of rete i vin' the ta,,k order, 2) removal of debris started within 48 hours of receivinL the task order; 3) removal of debris must be urldon ray in all 70nes Within 70 1101Lrs; and 4) all debris rernoval operations must be completed within 10 days. Failure to provide the specified c;quiprncnt, labor and materials, and Lo initiate the work stal'1*cd and equipped in accordance with the equipment schedules at 50% capacity within the first 24 hours, and 100% capachy within the first 48 hours following issuance of each task order by the City Kinauer or bis, designee; shall result in the City making, a claim aeainst the Contractors Pcrforrnanec Bund in the amokin( of the cast per llOur of each crew as defined in the Revised Fee Schedule form for each hour exceeding the 24 hour cutoff where the Contractor is failing to Operate. or is operating at less than (lie response levels specified herein. Contractor shall not bc. liable for unavoidable delays beyond their reasonable control, 1.8. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is alt independent contractor anti shall he treated as such for all purposes. Nothing contained in this A-reemcnt or any action of the parties shall be construed to Wn-Stitute or to render the Contractor an employee; partner; agent, shareholder, officer or in any other capacity other than as an indupundent contractor other than those obligations which have been or shall have boon undertaken by the City. Contractor shall be responsible for any and all of its own expenses in perfol-mine its duties as contemplated under this Afreement. The C;ity shall not he responsible for any expense incurred by the Contractor. The City shall have no duty'to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the CunLraeLor, ether than those set forth in this Agreement. Contractor shat] furnish its own transpoilation, office and ether supplies as itdetermines necessary in carrying out its dirties under this ALYrccmcnt, 1.91. OWNERSHIP OF DOCUMENTS _AND EQUIPMENT. All dOCLImCrltS prepared by the CAntl'aCtoi' purstiant to this Agreement and related Services to this Agreement are intended and rep resentcd 1'or the owners}lip ol-lhc City only. Any olhor use by Contactor or othor parties shall be approved in writing by the City, if requested, Contractor shall deliver the documents to the City within fifleerl (1.5) calendar days. L10. INSURANCE. ContrLICAUC 4hall, at its sole cost and expense; during the period ol-any work being performed under this Agreement, procure and maintain the following rrlinilnum insurance coverage to protect the City and Contractor against all loss, claims. damage and liabilities caused by Contractor, its agents or employees, as indicated below: ❑ Comprehensive CJeneral liability insurance: including, broad form contractual liability coverage l'or all opuralions, including, but rinL limiLod to, Contractual, products, and completed operations; personal injury and property damage liability with rninimurn limits of One Million Dollars ($1,000.000) peroccurrence_ ❑ Worker's Compensation and enipioyer's liability coverage, as required pursuant to Florida law. 6622-09,1 CROW -DER C. (.I U JOINT VTI -TUR]?_ W -C. Cite gfSunny Isles Beach 18070 Collins flvcnuc, Sunny Islcs Beach, Florida 13160 (305) 447-0606 phone (305) 949-3113 Fax ❑ Business Automobile Liability which shall include coverage for all owned; non - owned and hired vehicles Fttr minimum limits of no less Lhan One Million Dollars ($1.000,000) per occurrence, insurance required cif the Contractor shall bo primary to, and not contribute with, any insurance or self-insurance maintained by the City. Such insurance shall not diminish Contractor's indemnification and obligations hereuider_ The insurance policy shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City with a minimum A.M. lest rating of ,A -Excellent. Before any work under Lhis Agreement is performed, and at any time upon request, Contractor shall furnish to ilic City certificates of insurance LMden6ne the minimum inquired coverage and shall be appropriately endorsed For contractual liability, witli the City named as additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City Manager or ]lis designee. All insurance policies and certificates Of insurance shall provide that the policies may not be canceled or altered without thirty (30) days prior wriaen notice to the City. Contractor shall also rcrluirc and ensure that each of its sub - Contractors providing services hCrcunder (if any) procures and tnaintains, until the completion of the sev ices, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO TIIJK INSURANCE REQUIRN;l4'll+-Wil'5 IN THIS SECTION MUST BE APPROVED IN WRIT ING 13y THF, C FUY. 1.11. TERMINATION AND REMEDIES FOR BREACH. A. The Contractor agrees that the upon receipt of the Notice to Proceed (N -TP) from the C ky ivlanfl;er or designee, the primary C'onLracLor will have (wolve (12) hours to conLact the City in response to the NTP and twenty-four {24) Hours Lo substantially mobilize or begin performance under the terms of this Agrccment. The City reserves the right to pursue secondary Contractor for Services if primary Contractor either fails to mobili7.e or begin perFornlance. under dio terms of this Agreomen(. Il: LhrOLtgh any causC Within reasonable control, the Contractor shall tail to fulfill in a timely manner or otherwise violate any of the Covenants, agreemem% or sLipulations cnaturial to (his Agreement, the City shat€ have the richt Lo LcrminaLe (he Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City sliall 11061y the Contractor of its violation of flee particular terms ol'ihc Annx:ment and gran( Contractor ten (10) days to curc such default, 'If the default remains uncured alter Len (10) days the City may terminate this Agreement. and the City shall receive a refund from the Contractor in an amount equal to the actual cast of a third parLy to Cure such failure_ If Contractor fails, refuses or is unable to perform any term ol'this Agrccment, City shall pay Ibr services rcnd(cred as ofthc date of termination. G) In the event of termination, all finished and unfinished dctcumtnis, data and other work prodUCL prcparod by Contractor shall be delivered to the City and the City shall compensate the Contractor for all Services satisfactorily peribrtned prior to the date of termination, 6622-094 CtOtN` ER GLJI..F, OINT VF,NTURF,. INC. 4 City of Sunny Isles Beach 18070 Collins Avenue, Stimly Isles Reach, Florida 33160 (305) 947-0606 phone (305' 949-31 1 ) Fax fift Notwithstanding the forceoing, the Contractor shall not be relieved of liability to the City for damages Sustained by it by vittue of a breach of the Agreement by Contractor and the City may reasonably withhold payment to Contractor for the purposes of set-off until such time as the exact amount of damages duc the City from the Contractor is cietennined. 6. Termination for Convenience of City_ The City may, for its convenience and without cause, LerninaW the Services then remaining to be performed at any time by giving Contractor ten (10) days written notice. In the event of such a tennination WilhouL cause, (lie Contractor shall be compensated for all services performed to the City's satisfaction and prkrr to termination. Upon receipt of the notice of termination For convenience, Contractor shall pn)mpLl_v discontinue all work and, to the extent indicated on the notice of termination, shall terminate. all outstanding subcontracts and purchase orders as they relate to the terminated portion of the Contract, shall refrain from placing further orders and/or contrac-Ling with subcontractors, and shall complete any continued 1)01 -tions of the w0rk.-The terms of Paragraph LI IA(i) anis A(ii) above shall be applicable hereunder, C. Terminatiun I'or Insolvency, The C"LLY also reserves the right to terminate the retnawitle Services to be performed in the event the Contractor is placed either in voluntary Or involuntary bankruptcy or makes arty assignment for the benefit of creditors. 1.12. C01ERNING LAW AND ATTORNEYS FEES. It is agreed that this Agreement shall be governed by, construed and enforced in accordance With the laws of the State of Florida. Venue for any let,al prone-eding shall be in Miarni Dade County, Florida. In the event it becomes necessary for the Cit} to file a lawsuit to enRwce any term or provision tinder this Agreement and the City is the }prevailing party Llicn t11e City shall be entitled to its costs and attorney;rs fees at the pretrial. trial and appellate levels, 1.13. CONFEDENTIA.I, INFORMA'I'10N. The Contractor shall not, either during 010 term of this Agreement or any time far a period often (I0) years subsequent to that [lave upon which (lie Contractor shall leave the employment of the. City for any reason whatsoever. disclose to any person or entity, other than in the discharge of [lie duties ol'the Contractor under,this agreement, any information whicli Clic City designates in writing as %onii &nti 11_r' As a viols do 11 by the Contractor of the provisions of this Section could cause irreparable injury LO the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any Cather remedies available to it at lave or in cquiLtir, to enjoin the Contractor f oro violating SUCK provisions. 1.14. J GRISDIC'TION, VENUE AND WAIVER OF JURY TRIAL. This Ajreement sllall bn 1ntcrp1`ctcd and construed in accordance with alld governed by the laws cif the State of Florida. All parties awroe. and accept that jurisdiction of any dispute or controverSw, arising out ol'this A, rcc[nerlt, and any action involving the enfcircemem or interpretation ol'arty Jahts hereunder 6622-494 C:RCANr]7F.R (iEit.F J()ILrr VENTURE. INC. Cify of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, 11orida 32) 160 (305) 947-0006 phone (305) 449-31 13 Fax shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state court, fmakin a any other jurisdiction which eithey panty in ay claim by virtue of its residency or other ,Jurisdictional device_ in the event it becomes necc: isary Ior the City to file a lawsuit to cniorce any terin or provision tinder this Agreement and the City is the prevailing party then the City shall he entitled to its casts and attorney's flees at the pretrial, trial and appellate levels. BY ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY 1 I.L•:RF13Y F.XPRF.SSLY WA1VP. ANY RIGHTS FiTH'F.R PARTY MAY HAVE TO .A TRIAL BY JURY OF ANY CIVIi. LITiGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to serve as a waiver of sovereign immunity, or of any other immunity, del'Crise. or privilege enjoyed by the City pursuant Lo Section 768.28, Florida Statutes. 1,1i, N01-10rS. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requesLud, (ii) by guaranteed overnight delivery by a nationally recognized courier service; or (iii) by facsimile with confirmation receipt (with a copy simultaneously writ by ccrtiiicd or i>vaistered inail; first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to stick paity as follow,: If to the Cit -v: Chrisiopher .f. Russo City Managcr City of Sunny Isles Beach 19070 Collins Avenue If to the Con tractor: Fourth Floor SL11111V Isles Beach, Florida 33160 Tel. (30-5) 792-1776 John Ramsay President & CEO Crowder Gulf 5435 Business Parkway Theodore. AL 36582 Tel: (251) 459-7430 Fax: (251) 459-7433 Email, AramsayC*i-owdergull',acrm Or Ashicy Rainsay Senior Vice President & COO Crowder Gulf 5435 Business Parkwmr Theodore_ .AL 36582 Tcl: (251)459-7430 6M-09,1 CRCiWDRR GUI.r.101NIT 4 ENIT[; RR, INC:. C1 With a copy to: Hans Ottinot City Attorney City of SR11111Y 151cs Beach 19070 Collins Avenue Fourth Floor Sunny Isles Beach, Florida 33160 Tel; (305) 792- l 766 ('rfy of SunnY hfev Beetch 19070 Collins Avenue, Sunny Isles Reach, Florida 33160 (305) 947.0606 phone (305) 949-3113 Fax ]=ax- (751) 459-7433 EnnaiI- Arainsav@crowdcrtulf.com _ 4.16. PURI TC RECORDS_ Thu ConLractor shall be rgUired to Wrnply with the following requirements under Florida's Public Records Law: (i) Contractor shall kccp trod maintain public records rquired by the City to perform the service, (ii) [Upon request from the City. Ccantractor shall provide, (lie City with a copy of the rcqucsted records or allow the records to be inspected or copied within a reasonable tiinC gat a cost that does not exceed the cost provided by Chapter 119-. Florida Statutes. oras otherwise provided by law, (4ii) Contractor shall ensure that public record,, that are exempt or colif idenlixl and exempt from public records disclosure requirements are not discloscd except as authorised by law for the duratiran of the contract term and following completion of the contract if the C:ontracwr docs not transfer the records to the City - (iv) Contractor shall upon completion of the contract, transfer, at no cast, to the City al] public rucards in possession oi'thc Contractor or keep and maintain public. records required by the City to perform the service_ If the Contractor transi'crs ail public records to the City upon completion 01' the contract, the Contractor shall destroy any duplicate public recnrds that arc exempt or confidential andexrapt from public records disclosure requirements. I1 -the Contractor keeps and maintains public records upon completion ol'ihc contract. the Contractor shall meet all applicable requiremcnts for retaining public records_ All record,, Stared electronically rnust be provided by Contractor to tiie City, upon request fi-o1n the City. in a format that is Compatible with the information technology s}sterns of the City. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA Sri'Ari'UTES, TO THE CONTRAC'TOR'S DUTY TO PROVIDE PUBLIC RECORDS RELA'T'ING TO THIS CONTRACT, CONTACT THE CiTY'S CUSTODIAN OF PUBLIC RECORDS AT (305) 792-1703, C."ityC:IerkC),sibfl.net, 113070 Collins Avenue, 4"' Floor,Sunny Isles Reach, Florida 33160. 1.17. COMPLIAWE WITH THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT. During the perlurntaraeC of this contract, the Contractor agrees as ['allows: (1) Qvertinic requirements, No contractor or subcontractor contracting: For any part of the contract work which rilay require or involve the employment of laborers or mechanics shall requim or permit any SUCK laborer or mechanic in any workweek in which lie qr slle is employed on such work to work in excess of faily hol.irs in such workweek unless such laborer or mechanic receives corn pe.nsalion at a rate not Icss than one and one -hall' times the basic rate of pay for all hours worked in excess of forty hours in such workweek. f)QM94 CROWDER PULE' JOINT VENNI LUitt_ INC. City ufSuntsy Isles Beach 18070 Collins Avenue, Sunny Isles Reach, Florida 33160 (10i) 947-0600 phone ()05) 949-31 13 Fax (2) Violation: liabDity for unpaid wages, liquidated damages_ In the event ol'any violation of the. clause set forth in paragraph (l.) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages_ In addition, such contractor and subcontractor shall be liable to the United States (in the case of wnrk done under contract for the District of Columbia or a territory, to such District or to such territorp), far liquidated damages. Such liquidated damages shall be computed witi7 respect to each individual ]aborta or rnechanic. including watchmen and guards, crnplo'cd in violation of the clause set forth in paragraph (1) of this section. in the stlrm of S 10 far each calendar day on which such indiv ideal was rcqu ircd or perm itted to Nvork ir1 cxccss of the standard Workweek of forty hours without payment tar the ovcrtitne wages required by the cdausz set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidaLud dannagcs. The Cicy shall upon its own action or upon written request of an authorized representative of the Dt!PHrLmCnt of Labor withhold or cause to be withheld, from any moneys payable on account of work perrormed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Co Work Hours itnd Safcty Standards Act, which is held by the same prime contractor, such sums as may be determined to be nee.essary to satisfy fitly liabilities of mc11 contractor or sttbcomractor for unpaid wvaees and liquidated damages as provided in tho clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts Lhe clauses set forth in paragraph (1) through (4) ol'this section and also a clause requiring the sub coil tractu rs to include these clauses in any lo%vwr tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set north in paragraphs (1) Ihrouah {4) of this section." 1.18. COMPLIANCE WMI THE CO1<'1?J..AN1) ANTI -)KICKBACK ACT (1) Contractor. The contractor shall comply writh J 8 U.S.C. § 874, 40 U.S.0 . § 31415, and the rCgL1Ircrr1c11ts of 29 CXA. pt, 3 as may be applicable, which are incorporated by rcforence into this contract_ (2) Subcontracts. The contractor or suhcontractor shall insert in arty subcontracts the clause above and suCll OthCr CIMISC5 as the FEMA may by appropriate instructions require. and also a clause requirin3 the subcontractors to include Lhcsc clauses in any lower tier subcontracts. The prime contractor shall be responsible for the comp-liancc by any subcontractor or lower tier subcontractor with 311 of these contract clauses. Breach. A breach of the contract clauses above, may he grounds for term ination of the contract, and fen- debarnwnt as a eontrac;tor and subcontractor as provided in 29 C.F.R, 5x,12, 1.19. CLEAN AIR ACT AND THE FEDER,AI, WATER POLLUTION CONTROL ACT. W-)2- 1 C.ROWDER (-,111.FJniN.i-V N4'RjRI:, 1VC. City rrf.vunnv Isles Eerier 18070 Collins AVcnuc. SLInnV Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-31 13 Fax C:owracLs amounts in excess of S 150.000 shall agree to comply with a]I applicable standards, orders pursuant to the Clean Air Act (42 U.S.C. §§ 7401-7671 q) and the Federal Water Pollution C nntrol .Act as amended (33 U.S.C_ §§ 1251-1387). A. Clean Air Act (l) The contractor agrees to comply with all applicable standards, orders or re-gulations issued pursuant to Lhe Clcan Air Act, as amended, 42 U_S_C , 7401 et seq. (2) The contractor agrees to report each violation to the City and understands and agrees that CRY will; in turn, repast each violation as required to assure notification to the State of Flurida. Federal Emergency lvlanagemcm Agency, and the appropriate llnyironmental Protection Agency Regional Office_ (3) The contractor agrees to include these requirements in each subcontract Lxcecding $150,000 financed in whnle or in part With Federal assi:;tancc provided by FEMA. B. Federal Witter Pollution Control Act (t) The contractor agrres to comply with all applicable standards; orders or regulations issued pursuant Lo the Fedora] Water PORLAion Control Act, as amended, 33 U,S.C. 1251 et seq. (2) The contractor agrees to report cacti violation to the C:it), and understands and agrees that the City will, in turn; report each violation tts required to assure notification to the; State of Florida, Federal Emergency Management Agency- and the appropriate Environmental Protection Agency Regional ()i'fice. (3) Thw contractor agrees to inchLde these requirements in each suhaontract execedine $170,000 Financed in whole or in part with Federal assistance provided by ["-FMA- 1.20. EQUAL r KM PLOY[' E T OPPORTUNITY, During tho peribrrnance of this contract; the C=ontractur agrraas as follows; T (l) 'I"he Contractor will not discriminate against any employee or applicant for employment becau5c of race, color, relibiori, sex, sexual orientation, Sender identity; or national origin, The C;antractor will take aflirrrlative action to wttsunr that applicants are employed, and that employees are treated during employment. without reLrard to their race, color, religion. SM sexual orientation, gender identity; or national origin, Such action shall include, but not be. lifflkud to the. Jb[lowma: employment, upgrading, demotion; ar Lransf'cr: recruitment or recruiLmem advertising: layoff or termination; rates of pay or other farms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, avail.We to employees and applicams I'or 6622-094 C:Rf}ti,-DER CSI. U.101NIT VFNNTLJItF.. IN -C. Giv of Sunny isles Beach 18070 Coll Ins Avcntrc, Sunny Isles Bcach. Florida 33160 (305) 947-0606 phone {305} 949-3113 Fax employment, notices to be provided setting forth the provisions, of this nondiscrimination clause. (2) The corriractor will; in all s€olicitations or advert-1sernunt5 for employees placed by or on behalf' of the contractor, state that all qualified applicants will receive consideration f€or employment without regard to race, color, relif4iori; sex, sexual orientation, ,gender identity, or riational origin, (3) The eontraictor will scud to each labor union or representative A workers with which he has a collective bargaining a2reenient or other contract or understandinf. a notice to be provided advising the siricl labor union or workers' reprosontativCs of (lie contractor's COMMitniCttts under this section, and shat l post copies of the notice in con'#CLI Ctrs places available to employees and applicants for employment. (4) The contractor will comply with all provisi€ons of Executive Order 11246 of September 24, 1965, and of the rules, rcgillations. and relevant orders of the Secretary of I .abor_ (5) The contractor will furnish all information and reports required by Execirtive Order 11246 of September 24, 1165, and by rules, regulations, and orders of the Secretary o[' Labor. or pursuant thereto, and will perrnit aCouss to his books, records. and accounts by the administerinig agency and the Secretary+ of Labor for purposes of i ntiestiUation to ascertain compliance with such rules, regulations, and orders, (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, tltiis contract may he canceled. terminated; or suspended in whole or in part and the uontrautor maty be declared ineligil)le for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in FXeC.WiVe! Order- 11246 ol'sc-ptember 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive. Order 1 1246 of September 24, 1965, or by rife; regulation; €or order of'(he See rota ry of Labor, or as other�vise provided b4 law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontractor puruhase order unless exempted by rules; regulations, ororders of the Se-orutary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965; so that Sidi provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering age-nuy may dircet as a means Of enfareing such provisions, including saneiions for noncompliance: provided, however, that in the event a contractor becomes involved in. or is threatened WWI, litigiuion with a subcontractor or vendor as a result of such direction by Elio administering agcnuy, the contractor may rcqucst the Unitcd States io enter into such ]ideation to protect the interests of the United States - 6622 -5L)4 C:RC7lVDER 4;111.1" JOINT VENTURE: INC". 10 City of Sunny Isle& Beach [ 8070 Collins Avenue, SunnV Isles Beach, Florida 33160 (305) 94 7-060 6 phone (305) 941-3113 FaN 1.21. SUSPENSION AND DEBARMENT. During the perforirtanae of this contract, the. Contractor agrees as follows; (1) This contract i4 a cowered transaction [Or putpcxse of'2 C.F.R. pL. 184 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none ol'thc contractor, its principals (defined at 2 C:_F_k_ § 180.995), or its affiliates (defined at 2 C_F.R_ § 180.905) are excluded (defined at 2 C.F_R.§ 180.940)crr disqualilied (defined al -2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt, 3000, subpart C: and must include a requirement to comply with tltese regulations in any [ewer tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the City oI' Sunny Isle Reach. If it is later determined Lhat the contractor did not comply with 2 C ,F.K. pt, 180, subpart C: and 2 C,V.R, pt, 3000, subpart C. in addition to remedies available to [lie City of Sonny Isle Reach, the Federal C overnment may pursue available remcdics. including buL 11 O Iimitcd 10 suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirCMents oft C'.F.R.'pt. 180, subpart C and 2 C'.F_]R. pt. 3004, subpar C w1iile this offer is valid and ths-nLighOUL the period of any contract that may aritie f-orn this offer. The bidder or pro posor further agrees to include a provision requiring such compliance in its lover tier covered transactions." 1.22. BYRD ANTI -LOBBYING AMENDMENT. Contractors who apply or bid for an award o['$] 00.000 or more shall tile the required cetrtification. Each tier certifies to the tier above that it will not and has not ttscd Federal appropriated bunds to pay any person or organization for inllucncing or .Ittempting to influence an officer or employee of any agency, a member of Congress, offices- or emplovee of Congress. or an cmplovoc of a mernbcr of Congress in connecLion with obtaining any 1'ederaI contract, grant, or any other award covered by 31 0,S.C. 1357, 1!1ch tier shall ako disclose any lobbying with non -Federal funds that takes place in connection w[th abtain[ng any Federal award. Such disclosures are forwarded from tier to tier Lip to (lie recipient. 1.23. PROCUREMENT OF RECOVERED MATERIALS. In the performance of this contract. the Contractor shall make nnaximum use of PFOdLtcts conLaining recovered materials that are EPA- designated items unless the product cannot be acquired: (1) competitively within it timeframe providing for compliance with the contract performance schedule, (2) niceting contract performance requirenwrlts; or (3) ata reasonable price. 1.24. AUDIT. The Contractor shall make available to the C:iLyr or its repre.sentxt[vc all required financial records associated with the Agreement for a period of three (3) }years. 1.2S. NON -DI SC RIM] NATION. The C:ontracLor agrees to comply W, _11h all focal and state civil rights ordinances and with 'Title V1 of the Civil Rights Act of 1984 as amended, Titic VIII ofthe CM[ Rights Act of 1968 as amcnded. Title 1 of -die Housing, and Community Development Act of 1974 as amended, Section 504 0l' the Refiab[litation A0 of 1973, the Americans with 6622-Q44 CRt)WDER UULF JUltw'1' V<~ti''1 UR . LNC. C.'r1;1' of .Sunny 7,s1c Reach 18070 Collins AvellLLe; Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 fax f]i,ahilities Act of 1990_ the Age LiiScrimination Act o!' 1975, E ceutive Order 1 1fl63.., rtd with Exccutive Order 11249 as amended by Executive Orders 11375 and 12086- The Contractor will not discriminate against any employee or applicant fin- employment btC.MISL' oi-race, color, creed. rcligiori, ancestry, national origin., sex, disability or other handicap, age, maritallfamilial ;Carus. or status with refzard w public assistance. The Contractor ~vitt take affrrinative action to insure that all employment pracLices etre free front such discrimination. Such employincrit practices includt; but are not litrtited to the following, hiring, upgrading, demotion. transfer, reccititment or recruitment advertising, layoff, tennination. rates of pay or other forms of'ccnnpensaLion, and selection for training, including apprenticeship_ The Contractor agrees to post in conspicuous places, available to employees and applicants for employinent, notices to he provided by the City setting forth the provisions of this non- discrimination clause. The Contractor m rocs to comply with ally federal regulations issued pursuant to compl iance with Section 504 of the Rehabilitation AcL of 1973 (29 U.S.C. 748), which prohibits discrimination iLgainst the handicapped in any Federally assisted progratn. 1.26. CON PLIC:T OF INTEREST. The Contractor agrees to adhcrc to �itid be governed by the Miami -Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by Chapter 33 of the City of Sunny Isles Beach Code of Ordinances; which are incorporated by reference herein as il' frilly set forth herein, in connection with the Agreement conditions hereunder, The Contractor covenants that it presealLly has na interest and shall not acquire any interest; directly or i ndircctly which should cottfl ict in any inanner or degree N ith the performance• of Services lander this A-reement_ `l*he Contractor Further covenants lhaL in (lie peribmiance of this Agreement, no person pavane anti' such interest shall knowingly be employed by Lhc Contractor. The Contractor guarantees that he/she has not offered or given to any Member of, dele,ate to the Congress of the United StxLes. any or part 01 -this contract or to any benefit arisintr there[i-om, 1.27. INDEININIFICATION AND WAIVER OF LIABILITY, To the fullest exLcnt pertnitted by law, the Contractor agrees to indemnify and hold -harmless the C'itNr, its agents; rep resen[aLives. uIlk .. directors, oi`ficials and wapIo}Tees from any claims. liabilities, €famagcS. losses and costs, including; bLLL not limited W, reasonable attorney fees to Clic extent cause; in rtihe�lc or in part, by the proicssional nenligcncc. error or omission of the Contractor or persons cmpioyed or utilized bytlie Contractor in perforinance of Services under this AgrCCmCnL CcmLraeLor sitttll at all times Ilereafter indemnify, hold harmless arid; at the City's option, defend or pati for an attorney selected by the City it) defend City, its ageriLs, rcprescntatives, officers, directors. officials and employees fruin acid against any and all causes ofaction, demands. ctaims, lasses, tiabilikS and expenditures of any kind, in(,ltiding attorne)� fees, court costs; and expe;nscs. caused or alleged to be caused by the intentional or negligent act of, or omission of ContraeLor. including those of their employees, agents, servailts, or officers; or accruing. resuttine from, or directly related to the subject matter of this Agreement including, Without linli(aLion, any anal all claims, losses, liabilities; expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any per,on or property. In the: ovont any lawsuit or other proceeding is brctught against City by reason of any such claire, cause of action or 12 City ofSunity Isles Beach 18070 Collins Avctuie, Sunny lslcs Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax demand. Contractor shall, upon written notice from City, resist and defend sash la�ti�, or proceeding by counsel satisfactory to City. The provisions and obligations of this section shall survive the expiration or earlier termination of this AfreenlenL. To the extent considered necessary by City, any sum due Contractor tinder this Aarecntcnt may be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amoaunt withhold shall not be subject to payment of interest by City, The parties agree that One I lundred Dollars (V00.00) represents specific consideration to the Contractor for the indeaiinificaLioiz seL forth in this Agreement, 1.28. ACCESS TO RECORDS. Tile following access Lo records requirctttcrtts apply to this contract: ( I ) Thu contractor agrccs to provide Florida Division ofErnergeney+ Management, Tlie City Of Sunny Isles Beach. the FF;v1A AiminisLrator. the CompLruller General ofthe United Staves, or any of their authorized rcprescntatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the puiToses cif' making audits: cxaminalions, excerpts, and transcriptions. (2) Tho Contractor agrees to permit any of foregoing parties to reproduce Icy any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FFMA Administrator or his atuthoriz(A rcprescntatives access to construction or other work sites pertaining to the work being completed under the contract." 1.29. DHS SEAL. LOW, ,AND FLACKS. The contractor shall not use the DHS scal(s), logos, crests; or reproductions ul' [lags or hkencsscs of DHS agency officials withoiit specific E; PMA pre- approval. 1.30. COMPLIANCE WITH LAW. Contractor shall comply+ with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement ("Applicable Laws") and shall obtain and inaintain any and all material permits, licenses: approvals and c-onsent5 necessary for the lawful conduct of the activities eomcmplated under this Aueeinent_ 1.31, COMPLIANCE WITH FEDERAL LAW. l EGULA11ONS. ANI1 EXECUTIVI?- ORDERS. This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations, exeCutivc orders, I;1::MA policies, procedures. and directives. 1.32. PROGRAM FRAUD AND FALSE OR 1+RA1)DLJLVN'1' STA'Cl,iMENTS OR RELATED ACTS. The contractor acknowledges that 31 tJ,S,C_ Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. 6622.094 C'ROW* DER GULF j01NT VEi TURF li C. City ofS1rfrnV Isles Beach .18070 Collins Avenue,.Stmny Isles Reach, Florida 33160 (307) 947-0606 phone (305) 949-3113 Fax 1.33. NO OBLIGATION BY FEDERAL GOVERNMENT. The Fedcral Covernineni is not a party to this contract and is not subject to any obl igations or liabilities to the non -Federal entity, contractor, or any ether party pertaining to an}' matter resuILing from the contract 1.314. CONFLICTING PROVISIONS. In the event of a conflict between the Contract DOCI.Iments or any ambLl�Lllty OF missing specifications or instructions contair}ed in this Aprccment. Request for Proposal 18-04-02, and C'ontractor's Response to Request Vor Proposal 19-04-02- the following priority is established: L This Avreemeiu ii. The tcrais and conditions of Retluest for Proposai 18-04-02. C'ontractor's Response to Request liar Proposal I8-04-02, attached hereto as Attachment "A 1.35. MISCFLLANEOUS. A. In the event any provision of this .Agreement is FOLlnd Lo be void and unenforceable by a uourL o1' carnpL;tcnt jurisdiction, the rcmainin- Provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though Lhc void or unenforceable provisions had bum severed and deleted. 13_ This AgreemenL may be executed in mulliplc identical counterpal-ts, each of which shall be deemod an original for all purposes. C. This Akrrectnem shall constitute the entire agreement between the parties with respect to the sul.Iject m,,ltter hereoF, gild it shall SLLpersedc all. PrCVIOLLS anal contemporaneous, oral and wi iatn negotiations. comtnitmcnts. agree inents and understandings reIatinU hereto. T3_ Any modification ofthis Aerccmetit sha II be elective onIy if in writing and signed by the parties to this Agreement_ E. No waiver of any provision of this, Agreement shall be valid or cnforceaible unless such waiver is in W*ritinLy and signed by thu party granting such waiver, lRemahader q f'l)age inrenaonally left blankl 6622-094 C:ROWDER GULF"JOJNJ VENTURE, INC. 14 01v of Suwq Isles Betich 18070 Collins Avenue, Sunny Isles Beach. 1lorida 33160 (305) 947-0606 phone (105) 949-3113 Fax IN WITNESS'~ HEREOF, the parties herein have eNectited this Agreement in triplics(c on Lhe day and year first written above. WITNESS; 1� /,. - , �/-; Signatur Wesley Naile Prins ;~Jame BY: CltOWClFA CiIJf.F J01'NT Vl: dl'EiRI, INC. ohll Rantisay, President & C O CITY OF SUNNY ISLPS BEACH LlY; �. ----- ttr. C.hiC�, City Clerk Christnp ier ,I, ]2Uss4, Crit}+ Iv3Antger Department J lead 6612-01k4 C'RO W 1) F. 11 GlJL ;01IN'T V17K l-IJItF, INC. 15 APPROVED AS TO FORM AND LEGAL SUFFICIC:IVCY 13 1 t i e A e 0 e L e e OF 3u�% �" A TTACHMENT A m PRYCE PRGPGSA L The Proposer shall provide the hourly rates, unit prices, and equipment rates requested below. These prices and rates shall be all inclusive of labor, equipment, maintenance, fuel, delivery costs, travel time, per diem and any other travel pf miscellaneous expenses. Proposers may offer other required positions as necessary with the written approval of the City's Project Manager. City of Sunny Isles Beach RFP disaster Debris h+lanagement and Disposal 5ervir-es 18-04-02 L 0 ry'p Of W hY` I SCHEDULE 1 -LABOR CATEGORY H6lfRI,Y LABOR RATE I.I. Operations Manager'wl OuLl Pbane and .5 Ton Pickup Truck 9J,OO Crew Foreman w?Ceti Phone A l 'ron lrquip, Truck wl small tools and mise. supplies in sup pori nFeren' 135.00 t•�• rree.Cilmberf ChginsaK- and Gear $ 122.00 Laborer wl Chainsmv and Clear Laborer wl Small Tools, Traffic Control, or Flag Person 38-00 t 6 i Banded and Certilled 5ecurlty Personnel $ 65.00 OTHERS NOT LISTED IN LABOR CATECDRY - PLEASE LIST I;LI,t�LV SCHEDULE 2 LOADING, REDUCING MIND HAULING CATE60RY PER CUBIC YARD 2.1. Vegetadve Dcbris Removal (based on Sudon 3.9) Work Consists of the collccllon and transportation of cliaiblu vegetative debris on the ROW or public property to a City approved debris management si_e (DMS) or City approved final disposal' sitz. This proposed rate shall apply to Rernoval of 1 9 !Debris from City Parks & Facilities. 1.3. C&D Debris Removal (based on Section 3.10) Work consists or the collection and transportation of eligible C& D on the ROW or public property to a Cit} approved debris inanti ement site (DNIS) or City approved fival dis osal site. Note 1: Tipping fees will be a pass through. / Assume mileage is 0-20 miles - for mileage over 20 please add $0.22 CY / Mile. City of Sunny isles Beach I RFP Disaster Debris Management and Disposal Services 18-04-02 2.3. DMS Operation and Debris ManagLinerrt and 120uetiun (hostel on S(Vipn 3.18) Work consists of managing and operatingDMS for acccptanrr, TnanagQrnent, and reduction of eligible C&D and vegetative $ 5,60 disaster related debris.. ManagEement and Operation of a 1 cmporary Noris Staging and Reduction Site per incoming Cubic Yard - 2.4. Mileage for Haul -out to final Disposal Site within 25 miles From DMS (based an Section 3.)9) Work c:ansists of Monsponing eligible disaster related debris to a City approved final disposal site wjdl 3 25 Miles from the $ 4-95 DMS. Distance is measured as rhe crow flies and rounded to the nearest mile, 2.5. --...— 26r50.9 Miles $ $.25 2.6. 51+Miles 10.50 Rmoyal of Hazardous Trees and Limbs (based on Section 3.14) Work consists of removing eligible hazardous trees or limbs and placing th+3m on the safest possible location on the, $ Cicy ROM' for collection under the terms and conditions or Scopc of Services Item 2, Vegetative Debris Removal. Sizes as follows: 6 inch u) 23-99 inch diameter tach �.8. 225.00 � $ 24 inch to 35.44 inch diameter each 2-9. 400.00 36 ittch to 47.94 inch diameter each $ 2.10, 500-00 48 inch and laTger diameter each 600.00 2 t t Rein ova I of 14aZardous Slumps (13ascd on section .1-15) Efate includes rcmpval, backfill of stump hole, rc(lactlon, and final disposal. Sizes as Follows: 24-1 inch to 36.99 int;h $ 400.00 diameter 37 inch to 48.99 inch diameter $ 560-00 a t3 City of Sunny isles Beach I RFP Disaster Debris Management and Disposal Services 18-04.02 t — ,yF a sv- rr e 0 0 t 1 F 1 e e 1 City of Sunny Isles Beach I RFP Qisa>ter Debris Management and Disposal Services 19-04-02 v 49 inch and larger diameter $ 650.00 Household Hazardous Waste Removal, Transport, and Disposal (basedtrn Section 3.11) Work consists of the 3,15, collection, transportation, and disposal of botisehold G. S PERPOtJND hazardous waste from the ROW to a City approved permitted hazardous waste facility or MSW type I ta+idfill e 0 0 t 1 F 1 e e 1 City of Sunny Isles Beach I RFP Qisa>ter Debris Management and Disposal Services 19-04-02 v `"1- OF 3Y♦^Y h' t e s e B 1 1 1 s 0 0 e EQUI PME.NTTYPE (OR INDICATE SCHEDULE.3 1EQUI-VALIENTj- WEATHER LEASED HOURLY -LABOR IRATE WITH OPERATOR CATEGORY.' OR OWNED *Nate - Typically generators arty rented weekly or monthly. This fee does not include 3.1. 50' BucketTruck $ Lease 117.00 Dozer, Trached, D3 or Equivalent 5 Own3.2. Own 84.00Own3.3. Dozer, Tracked, D4 or Equivalent S �W 99.CaO 3.4. DumpTtuck, 16 +/- Cr $ Lease f Own 65,00 3.5, Dump Truck, 20 +f- CY Lease own5 78,00 16. Dump Truck, 38 +f- CY 5 Lease /own L 1Q4.00 3.7. iD0 KGenerator IN � Lease j Own 2,01118.00J Week * 3.8. 300 KW Generator *� Lease 3,900,00 / Week3.9. 500 KW Generator $ Lease 6,600,00 j Week * 3.10. 1000 KW Generator $ Least 12,800.00 j Week " 3.11, Light Plant with Fuel and Support Lease JOwn 21-00 3.12, Gradere w112" Blade (Min. 30,DDD 3 LB) Lease j'4)wn 173,00 3.13. Lowboy Trailer w! Tractor S Own 130,00 3.14. Mobil Crane up to 15 Tarr $ ___ Pump, 95HP (Minimum 25' Intake Lease 3,15. $ and 200' Discharge tet Include Fuel Own 44'00 and Suppark Personnel 3.16, Single Axle Dump TruclS, 5 — 12 a, Own $ yd. 50.00 3.17, 753 Bobcat Skid Steer Loader with Own $ debris grapple 95,00 3.18. Pickup Truck 1 Ton _ Own S 40.00 3.19. Skid -Steer Loader, 1,500 LR Own 5 Operating Capacity (wf utility 95 04} grapple) City of Sunny Isles Beach I RFP Disaster Debris Management and Disposal Services 19-04-07 *Nate - Typically generators arty rented weekly or monthly. This fee does not include mobilization and demobilization or fuel. W p e t iJ a 1 1 t 4 U! Sial FY_ 3.20. Skid -Steer Loader, 2,500 Lli $ Operating Capacity (w/ utility I,ea5e { 0 w 95.00 ra 1e Cornpact Track Loader, 5,.500 LB < Operating Capacity (wl utility Lease Own 95.00 ra le 3,22. Ccmpact. Track Loader, 2,504 LS Lease j C}tivn Operating Capacity (wj utility 95.00 grapple) 3.23. flub Grinder, $00 to 1,000 HP Lease 5 63V.00 3.24. Hydraulic Excavator, 1.5 cy (wf thu m b) Own$ 704,00 3.25. Hydraulic Excavator, 2.6 cy (wf $ thumb) Own 145.00 3.25. Flathed Truck $ Lease 52.00 3.27. Articulated, Telescoping Scissor $ Lift for Tower, IS hp / 37 ft. lift Lease 30.00 $ 3.28. Water Truck, 2,500 gal (Non- Potable, Dust Control and Own 78.00 Pavement Maintenance 9.24 1 wheel Loader, 3 CY, 152 HP Own $ 160.00 3.34. Wheel Loader, 4.0 CY, 200 HP Own $ 195.00 3.31. Wheel Loader, 1.5 CV, 95 HP Own $ 130-00 3,32. Tandem Axle Dump Truck, 16 — 20 Own $ 95.00 cu. vd. 3.33. Tandem Axle Dump Truck, 21— 30 $ L cu. yd. Own 98.00 3.34. Handfed chipper $ Lease { Dwn 42.00 OTHER ITE}1 S NOT LISTED IN EQU1PMENT CATEGORY - PLEASE LIST BF.F.OW A6ditianal I ine Items Per Add 1; 3.35 C&D Grinding $5.90 Per CY 3.36 C&D Compaction $4.90 Per CY i City of Sunny Isles Beach [RFP Disaster Debris Management and Disposal Services 18-04-02 w e t t e e e 7 i P�` tr� fir of Su- �r SCHEDULE AS NEEDED - ADDMONAL• SERV10E.S 4 UNIT R,1TE 4.1. Marine Debris Removal —Per CY 5 148,00 3 4,2. Removal of Abandoned Vehieles - PKr Vehicle 200.00 4,3, Dead Animal Carcasses - Per Pound 1.90 4A. White Goods - Per Unit 85.00 $ 4.5. Residential Drop-off Sitee - Per CV 18-00 4,6, F.• -Wash - Per Unit � 55-00 Authorized Signatory: Executed by; J arnsay, president & CEO (Type or print name) City of Sunny Isles Beach jRFP Disaster Debris Management and DiSpovjl Services 18-04-02 1 e ryF 1, F l O Ry h{T D'eLIVER i0: REQUEST IFAR PROPOSAL OPENING: City of Sunny Isles Beach SECTION 6 Thursday, May 10, 2018 2:30 PM City Clerk BID SUBMITTAL FORMS 18070 Collins Avenue Sunny IsleS Beach, FL 33160 PLEASE QUOTE PRICES, LESS TAXES, FOR THE CITY OF SUNNY I5LE5 BEACH, FLORIDA NOTE, City of Sunny Isles Beach is exempt from all taxes (Federal, State, and Local). Bid price should be less all taxes. Tax Exemption Certificate Furnished upon request. Issued by: Purchasing Agent Date Issued: This Bid Submittal Consists of Genesis Cuevas 04/2512018 Pages 44+ Sewed 11:15 are subject to the Terms and Conditions of this Request for Proposal and the accompanying Bid Submittal, Such other contract provisions, specifications, drawings or other data as are attached or incorporated by reference in the Bid Submittal, will be fecelved at the office of the City Clerk at the address shown above until the above stated time and date, and at that time, publicly opened for furnishing the supplies or Services described in the accompanying Bid Submittal Requirement, RFP 18-04-02 DISASTER DEBRIS MANAGEMENT AND DISPOSAL SERVICES PrsocunementAgent., Firm Name: Genesis Cuevas CrowderGulf Joint Venture, Inc- Commoawy Code l BURN ONE ELECTRONIC COPT LFLA5JYDRIVf OR CV) DNE ORIGINAL AMD FOWR CODIES OF BIDSUBM=AL PAGES; AIVDAFFIDAVITS FAILURE TO SIGN PAGE 47 OF SECTION 6 BID SUSPIITTAL WILL RENDER YOUR BIO NON- RESPONSIVE City of Sunny isles Beach jRFP Disaster t cW5 Management and Disposal Services 18.04-02 C e IiI _... ... .f,FOF3100}r BID SURMITTAL FOR; ACKNOWLEDGEMENT OF ADDENDA INSTRUCTIONS, COMPLETE PART I OR PART II, WHICHEVER APPLIES PART I: LIST BELOW ARE THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED IN CONNEMDN WITH TRIS BID PART II; 0 NO ADDENDUM WA5 RECEIVED IN CONNECTION WITH THIS BID FIRM NAME: Crowd erGuItJal Vqoure, I AUTHORIZED 5IGNATIIRE:DATE: 05/Q7J2018 TITLE OF OFFICER: sident & CEO Y City of Sun ny Isles Beach I RFP Disaster Debris Management and Disposal Services 18-04-02 Addendum #1., Dated Addendum 42, dated Addendum #3, Dated ' Addendum #4, Dated Addendum #5, Dated Addendum #6, Dated Addendum #7, Dated -.- - Addendum #8, Dated PART II; 0 NO ADDENDUM WA5 RECEIVED IN CONNECTION WITH THIS BID FIRM NAME: Crowd erGuItJal Vqoure, I AUTHORIZED 5IGNATIIRE:DATE: 05/Q7J2018 TITLE OF OFFICER: sident & CEO Y City of Sun ny Isles Beach I RFP Disaster Debris Management and Disposal Services 18-04-02 GATE: May &, 2018 ADDENDUM # 1 TO: ALL PROPOSERS FROM; Pur€haling Agent RF1110,. 111 11-111-01 TITLE: RFP 18-04-01• Disaster febris Management and Removal Services SUBJECT: Addendum No. 1 BID SUBMITTAL DEADLINE: Thursday, May 10, 2018'at 2.30 PM Please attach this addendum to the documents in your possession and include the Acknowledgement of Addenda form with your response incorporated in the RFP. This addendum is and does become a part of the Disaster Debris Management and Removal Services RFP. Questions & Answers: 1- there is a significant cast difference and amount of labor required to grind C&D debris versus grinding vegetative debris. Would the City consider adding a separate line item For reduction of C&D via grinding? A. Yes, please add the line item for C&D grinding as line 3.35 part of Schedule 3 of the price proposal. 2. Would the City consider accepting compaction as an accepted form of rcducing C&D debris? A. Yes, however any damage caused to the temp site by any compaction equipment or grinding equipment for C&D must be repaired by the contractor. 3. Please explain specifically how the pricing of one proposal will be evaluated against the pricing from another proposal, including the answer to these questions: a. Will each pricing proposal be analyzed and refined to become orie total number which can there be compared to the other proposals, and if so, what is the formu la that wil I be used to derive that total number? A: Various price analysis methods may be utilized to determine the best value among all proposers. b- Will extended totals (unit price multiplied by estimated quantity) be used to evaluate pricing, and if so, what estimated quantities and what line items will be used to derive the extended totals that will be evaluated? A: The City may use several evaluation formulas i.e. based on total amount of debris generated, mast used services, etc. c. Will all pricing line items be evaluated equally or will some line items receive more importance in the evaluation? A: Not necessarily. As mentioned before, various price analysis methods may be utilized to determine the best value. 4. Is there an existing contract similar to this in place or previously in place? Are the bid tabulations available? A. Attached is the City's previous contract for debris clearing and removal services. 5. Does the City have disposal rates for local C&D, Class 1 and Class 3 waste? A: Rates are determined at the time of disposal and should be considered as a pass through cost. (As in, they pay up front and bill us for actual with verified official dump tickets from the dump site. L t 6. P. 12 states that the original bid security shall be in a sealed envelope and attached within the response package submitted by the RFP deadline. a. Does this mean that the Bid Bond needs to be submitted in a separate sealed envelope from the proposal submittal? A: The original bid Bond must he submitted within the seared proposal, b. Does this mean the original Bid Bond needs to be included in our original proposal submittal? A: Yes. 7. The Bid Bond form States that the form continues on the next page, but there is no second page. Is it correct a s is? A: Yes, this is correC!, the form is rcferring to the Performance Bond, e 1 e :i A n A e 0 e 0 OF SO rr BID SUBMITTAL FORM Bid Title: DISASTER DEBRIS REMOVAL AND DISPOSAL SERVICES The undersigned Contractors proposes and agrees, if this Bid is accepted, to enter into an agreement with The City of Sunny Isles Beach Oo perform and furnish all Work as specified or indicated in the Contract Documents for the -Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. The Contractors accepts all of the terms and conditions of the Advertisement and Instructions to Contractors, including without limitation those dealing with the dispositloo of Bid Security, This Bid will remain subject to acceptance For 90 days after the day of Bid opening. The Contractors agrees to sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within ten days after the date of the Citys Notice of Award. In submitting this Did, the Contractor represents, as more Fully set forth in the Agreement, that: ■ The Contractor has familiarized himself/herself with the nature and extent of the Contract Documents, Work, locality, and all local conditions and Law and Regulations that in any manner may af•;ect cost, progress, performance, or Furnishing of the Work, • The Contractor has studied carefully all specifications and requirements, ■ The Contractor has given the City written notice of all conflicts, errors, discrepancies that it has discovered in the Contract Documents and the written resolution thereof by City is acceptable to the Contractor. ■ This Bid is genuine and not made in the interest of or on behalf of any undisclosed perwn, firm or corporation and is not submitted in conformity with any agreement or rules of any group, associatim, organization, or corporation; the Contractor has ' not directly or indirectly induced or soficited any other Contractors to submit a false or sham Bid; Che Contractor has not solicited or induced any person, firm or corporation to refrain from Bidding; and Contractor has not sought by collusion to obtain For itself any advantage over any other Contractors or over the: City_ The City and the successful Contractor will establish completion times for each individual Work item and the successful Contractor agrees that the work will be cornpieted within the time frames agreed upon and stipulated in the individual Purchase Orders and/or Notice to Proceed. 11 City of Sunny Isles Beach JRFP1 Disaster Debris Management and Disposal Services 18-04-02 a Firm Name; CrowderGulf Joint Venture, Inc. Street Address 5435 Business Parkway Theodore, AL 36582 Mailing address (if different); 5435 Business Parkway Theodore, AL 36582 Telephone No. 800-992-6207 Fax No, 251-459-7433 Email Address. jrarnsay tfowdergulf.cam _- --.. FEIN No. * By signing this document the proposer agrees to aii Terms A C017ditions ' Signa ure ognature of authorized 'ages Print Name: Jahn Ramsay ' Title, President & CEO 0 1 OF SO hr THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF CONTRACTOR TO BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION INHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE S"ALL RENDER THE PROPOSAL NODI -RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOC-ALLY BINDS THE CONTRACTOR TO THE TERMS OF ITS OFFEk. City of Sunny Isles Beach i RFP Disaster Debris Management a rid Dispusal Services 18-04-02 J f Section 7 QUALIFICATION STATEMENT Check one: _'11"1_._1'_1_1 .1.0 City of Sunny Isles Beach IRFP Disaster debris Mariagement and Disposal Services 18-44-02 W Submitted By: Crow erGulfJoint Ven re, Inc. QQ Corporation Name: john Ramsay, President & CEO ❑ Partnership Address, 5435 Business P k ay ❑ tridividual City, State, Zip Theodore, At 36582 Q Other Telephone No. 800-992-6207 Fax No. 251-459-7433 1. Indicate registration, license numbers or certificate numbers for the businesses or professions, which are the subject of this Bid. Please attach certificate of competency andfor state registration. CGC1522633 - Florida Dept. of Business and Professional Regulation 2. Have you ever failed to complete any work awarded to you? If so, state when, where and why; CrowderGulf has never failed to complete work awarded to us. 3. State the names, telephone numbers, emails and last known addresses of three (3) owners, individuals or representatives of owners with the most knowledge of work which you have performed and to which you refer (government owners are preferred as references). City of Sunny Isles Beach IRFP Disaster debris Mariagement and Disposal Services 18-44-02 W va Y.'n NON COLLUSION AFFIDAVIT City of Sunny Isles Beackt r1$p74 GOIlin$ Awcnuo F: FP'' •ria*j4a: * Sunny Isles Beech, Ft- 33160 .oN Tclaphone: (305) 947-0606 Fax: (-%S) 9493113 Alabama STATE OrL F- f CGUNiY OF Mobile i The undersigned being f: tdulyswnrn as provided by!?Lv, dep-=s, and says: This Affidavit Is made with the knoMedo2 and intent than ii is Ti) be r,Ied with The City of Sunny Isles Beach Cisy Gommission and that N will be foliod uport by said County, in ae y wrisideralion whirh rrdy gore ':o end arty aciirn it may take with respect to this RFP. The undwsigned it authorized 10 make this Affidavit on behalf o:, CrowderGuif Joint Venture, Ino. (game of Corporation, Partnership, Individual, We.) a Corporation farmed und9r the ta:vs of Florida ® (Type of Business) (State) ® of which he i. President & CEO (Sole Owner, Pariner, Presid9ra, mt..) Neither the urmlorsi�p i(id nor any person, firm, or torporalion named Pbove n[rr anyone else to the kna'e'ledge of the undersigned, have themselves solicited or emplayad anyone etre to solicit favarahte OdlCn for this RPP by the City, also that no head of any department ur employee lborein. or any officer ofiha City of Sunny Was 9each, Florida i5 direG4 inierewed therein. This RFP is, genuine and not ooltusive or a sham. the person, firm or corporation named above has not colluded, conspired, connived a1 agrec-d direcfty Dr indiracsly wish any proposers or person, firm or oorporation. to put in a sbam RFP, or Mat such person, tl,'m ar oarparaoian, shall reh-ain :rom Biddirg, and has no' in any manner, dirtily or Indirectly, Sought by agreement or elusion, or eornrnunication or ronferance wish any persgn, firm or corporation. To fix the prices of said Bid or Bids of any other proposers; and all statements omllained in ifre RFP yr RFP5 described above true; Mnd further; neither the undersigned, nor the person, firm or corporation named above hes directly or indirectly s0rinited said RF or the oontents thereof, or divulged iniarmahun pr data relative thereto, to any association or t an embe or agent Memo:. Jo amsay President & CEO AFFIANTS NAME AFFIANT'S TITLE TAKEN, SWORNAND SUBSCRIBED TO BEFORE 11E this 71111 day or May 7{}18 Personally Knvwn X or Prodwoed identifiGaflon Type`05 i¢entri'ation (Rtfix seal I'>drp) NOTARY PUBLIC (name printed or typed) t ' : Kerri6•A. NO Nolaiy Pu�x; .labil6 Ca mty, At. • "y Ccinmis5tan Expias Sept 12 201 a 0 'I of 10 1 t SUr N Y +!!FJ PUBLIC ENTITY CRIMES ` - City of Sunny Isles Beach ',� -. ti • e° TWO Collins Avenue `. +�•rcfl*` +�Smnyls7esBesr]ti,FL 33150 '• 40 U.- •Telephane: (306) 94 1-43606 Fax: (305) W4u-3113 SWORN STATEMENT PURSUANT TO SECTION 287,133(3)(x) FLOIIUDA STATUTES, ON PUBLIC ENTITY CRIMES PUBLIC ENTITY CRIMES Pursuani to the provisions of paragrapn (2) (a) of Section 781.133, rlorida State Statutes - "A person or affiliatK who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a ¢id on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a public entity for the Construction or repair of a public building or public Work, may not submit Bids on leases of real property to a public entity, may not be awarded to perform Work as a Contractor, supplier, Sub -Contractor, 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 Sec, 257,017, FS for thirty six months from the date of being placed on the convicted vendor Ill st", THIS FORM MUST BE SIGHED AND SWORN TO IN THE PRESENCE OF A "OTARY `3UBLI11 OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to City of Sui1nyr isles Beach by John Ramsayr President & CEO [prim individuerx rainy and GOet for CfowderGuIf Joint Venture, Inc. Lirinl nae! Of e+l'?ly sdhmildirg awarn SULememl whose business address is, 5435 Bus1ne55 Parkway Theodore, AL 36582 and (if applicable) its Federal Employer Identification number (FEIN) is 01-0626019 _ (If the entity had no FEIN, include the Social Security Number of the individual signing this sworn statement; I 2.-' 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(9), Florida Stature% means e 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 witl3 the United States, indudng, 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 of the United States and involving antitrust, fraud, theft, bribery, CpAusicn, racketeering, conspiracy. or material misrepresentation_ 3. 1 understand that "convicted" or "conviction" as defined in Para. 287.133(1)(b), Florida Statutes., means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trail court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilty or nolo contendere. d_ 1 understand that an "affiliate" as defnpd in Para. 287.133(1)(a), Florida Statutes, means: a.) predecessor or successor of a person convicted of a public entity chnie; or b.) Any 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 crilme, The term "affiliate' includes those officers, directors, executors, tIARnBrS, sharehatders, 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 another person, or a pooling of equipment or income among persons when not for fair 2 of 113 market value under an arm's langth agreement, shall be a prime facie case that one person controls another person- A person who knowingly enters into a joint venture with a person who has been cpnvicted 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 Para, 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United Slates 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 cervices let by a public entity, or which otherwise transacts or applies to transact business with a public entity- The term "persons" inoludes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of any entity. 6. Based on inFormation and belief, the statement which I have marked below is true in relation tr] the entity subm"ting this sworn statemWnt. ;IndicUte which statement applies.) Neither the entity submitting this sworn statement, nor any of it's 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 manaremanl of the entity, or an affiliate of the entity has been charged with and convicted of a public anlity crime subsequent to July 1, 1989, The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989- However, there has been a subsequent proceeding before a Hearing Officer of the Slate of Florida, {division of Administrative Hearings and the Final Order entered by the 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 swum statement an the convicted vendor list. (Attach a copy of the Final order.) 1 UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY 1DENTIRED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY QNLY 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 287.047, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY, CHANGE IN THE INFORMATION CONTAINED IN THIS FORM, By: (Signature) John Ramsay (Printed Name) President & CEO (Title) Sworn to and subscribed before me this 7th clay of May 20 18 , by (AFFIX NOTARY STAMP HERE ��; Alabama Kerr A l ,` ` 'r ~, Signature: Notary Public - State of-11!ladda_ Notary PWir, N'Obila CAWIV. AL hey t ammis5 w Expires Sept 12.21016 _ -,~ �ce'rse A. Mei - - - L` -'; y : Pri^t or Type Commissioned Name Personally Known x 0R.>':oilucet,tdenlll'ica)ia+i� _ 1 Type of Identificatlon Produced r' _ 3of10 i yueKY istFr EQUAL OPPORTUNITY UFPORTUNITY � ' AF_FIRMATIVE ACTION �. ''• 7,0 *�° � City of Suflny Isles Beach ` 1007Q gi)11ins Avunuc Sunny Ices Beach. FL 33:5D Tcicphanc; (305) $yT-0800 Fax: (305)94D-3113 EQUAL OPPORTU Ni[TY/AFFIRMATIVE ACTION STATEMENT The contractors and all subcontractors hereby agree to a commitment to the principles and practices of equal opportunity in employment and to comply with the letter and.spirit of federal, state, and local laws and regulations prohibiting discrimination. based on race, color, religion, rational region, sex, age, handicap, marital status, and political affiliation or belief. r Signed. Title; resident & CEO Firm: Crowder ulf Joint Venture, Inc. Address.. 5435 Business Parka - Theodore, AL 36582 l� 1 1 e 1 4 of 10 r • I EmployerWi2ard Page 1 -of i Emplpytr+ ntEligibiliRyV9riFicat�on KaLtyJe"e KUWM+wa f7 7PM,:'tiJ11R410 Iagow -Company ttiformation Jey wW cam vlgwGeser: CompBuy Halite; Grc,rd Gulf l4inlvrniura �Y{aw_fjEdk_ti ►hF Ft�-A Cnmpaay fD NLlmtigr: SiYI70 WLPmfiY DOWN $ltBinEs6 A9 [.DRA) C:ilanp PatswcrL' moo- 1wtx,--my Ph slcalLocativn: 51%1 Curwa+�r�e� Y i�taUing AQttress; Add rias 1: 9433 Buvi'ess Par" Addres3 it A" New V sc AdCresa 2. .Addraga 2: Vkw Fling Uwe GMS+' Thuoftm Clcxec Ve--qAmaunL Sate: AL Sate: fey ft" -m M CodE: 35597 Z1p Ce ee: View Rows c4un%2 hdD61LE myrsismimss AddiHowlInforrhaitlon: wrewEurMierRewimee IEmptoyerderidfluxlenNumber 1426S 19 a)LtTwlwler TotaaNumt-c+ofEmplerysesl 24Ea99 Aft* UrAr wruY Paren' Orginiatlon; Lunda vs AdnlfrdsIje f.. OrIganlsatlon Oerlgnation: Efnprayer Category ! No6a nl chew 6mbep4o appy kedc9 Code: a? - WASM MANAGEMSOT AND REMEDLATION SOViCES . 'f i, Taut Klang SIrr: f .=,�vio�afEdlt. lr tal Pei rib. of Contret 3 uB Pvwr+timee Fls��rd°sa-rr-+r�•ois9a. US Guar=5�n7 �++�agolxi FncNarl•www. �C�.Vor 1•wsclMh 4��bew�+wa https:ffe-verify. inc ia.g.O vlerrtp{Emg1 oyer -W i=d, as,px I w e 0 ti J 1 a e 0 d CONFLICT OF II4TEREST City of Sunny Isles Beach 18074 Collins Avenue Sunny 15le$ each, rt 93160 - �.DD Telephane:R3OS] 947-0606 Ftx:1306) 94 9-3 113 4r rr - FLOY- Oti4* rk O 104 FP CONFLICT OF INTEREST STATEMENT The award of any contract hereunder is subject to the provis;ons of Chapter 112r Ftarioa State Statutes, proposers must disclose with their Bids, the name of any officer, director, partner, associate cr agent who is also an officer or employee of the City of Sunny Islas Beach ar its agencies, SPATE OF FLORIDA COUNTYDF Mobile BEFORE ME, the undersigned authority, personally appeared John Ramsay who was duly sworn, ceposesr and states: 1, 1 am the President & CEO office in in Theodore. AL 355a2 of CrowderGulf Joint Venture, Inc. with a local and principal office 2. The above named entity is submitting a Bid for the City of Sunny Isles Beach, Bid No, 18-04-02 described as Uses* Dalxi Mianagernsa: and Disposal services , The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his own knowledge. 3, The A fiarnt states that only one submittal for the above Bid is being submitted and that the above named entity has no financial intere5t in other entities Submitting Bids for the same project. 4. Neitherthe Affiant northe above named entity his directly or indirectly entered into any agreements participated in any collusion, or otherwise taken any action in restraints of free competitive pricing in connection with the entity's submittal forthe above Bid- This statement restricts the discussion of pricing data until the completion of negotiations if necessary and execution of the Contract for this project. 5- Neither the entity nor its affiliates, nor anyone associated with them, is presently Suspended or otherwise ineligible from participation in contract letting by any local, State, or Federal Agency. 6. Neither the entity, nor its affiliates, nor anyone associated with them have any potential conflict of lnterr.st due to any other clients, contracts; Car property :ryterests for chis pmject. 7. 1 oErtify that no member al the entity s Ownership or management is presently applying for any employee positloa or actively seeking an elected position with the City of Sunny Isles Beach, a, I certify that no member of the entity's ownership Gr management, or staff has a crested interest in any aspect of the City of Sunny Isles. Beach. 9- In the event that a conflict of interest is identified in the provision of services, I, an behalf of the above named entity, will immediately notify the City of Sunny Isles Beach. Dated thl 7th day of May - John Ramsay, President & CEO fFIANT Print nr Typc Namg and Title 7th---Nlayyf 8 Sworn to and subscribed before me t#lii f 'r 8 Personally Known, OR -- - = ❑ Produced Identification - Type of Identification_ = Alabama 1t -' NOTARY PUBLIC STATE OF A �.' . F � _ KeaiaA N 'r'•�- . - . NOIary Mile, WAbj�. County, AL r _ _ S 01- iF hey co�mmiss Expires Sept I Z 2048 9 yu�wr 7trf •nom; n DISPTJTE.. I71.SCLOSURE V T City of Sunny Isles Beach ' ••' 10070 (;# linS hvgnyg "r"P X31.,0 ` Sunny Isles Baer, FL 33150 - `' Tela phone: (305) 347-0606 Fax: (305) 999-3113 DISPUTE DISCLOSURE FORM Answer the following questions by placing a "X after "Yes" o: "No". If you answer "Yes", please explain in tlhe space proviided, or on a separate sheet attached to this farm. 1. Has your rirm or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulations or any other regulatory agency or professional associations within the last five (5) years? YES NO X Z. Has your frrm, or any member of your term, been declared in default, terminated or removed from a contract or job related to the services your firm provides in the regular course of business within tfie last five (5) years? YES NO 3. Has your firm had against it or filed any requests For equitable adjustment, contract claims, Bid protests, or litigadon in the past five (5) years that is related to the services your Firm provides in the regular course of business? YES X NO If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the monetary amounts of extended contract time involved, Litigation summary Attached I hereby certify that all statements made are true and agree and under5tand that any misstatement or misrepresentation of falsification of facts shall be cause for forfeiture of rights fog further consideration of this Bid For the -City of Sunny Isles Beach. GrowderGulf Joint Venture, Iris. 05/07/2018 FirX pate John Ramsay, President & CEO nature Print or Type fame and Title �1-; i. e a Of 10 eAFMCRDWDER 0 Lawsuit and Judgment Statement -� Litigation Summary CrowderGulf strives to maintain the utmos, integrity and reputation in this industry. We have been very su=ssful over the many years we have been in business but as any company can attest, being in business does allg.v a certain amount of exposure. Palmisano, et at. Y. CrowderGulf, LLC, et al.: CrowderGulf is cumandy defending a lawsuit filed by certain individuals who performed for subcontractors of CrowderGulf work during a waterway debris removal project fallowing Hurricane Sandy in the central region of New Jersey. The iadivldual plaintiffs have taken the position that CrowderGulf violated prevailing wage laws by no! paying a prevailing wage for the work performed. However, the project was bid under emergency procurement procedures, and CrowderGulfs client represented that it was not a prevailing wage 16, CgAvdwGulf expects to have no liability, or to be fully indemnified by its client if any liabilily is determined to exist. Crowd erGuIf expects our projected outcome w have no liability, or to be fully indemnified by its client if any liability is date rmined to exist." to addition, the most current Dun & Bradstreet Report for CrowderGulf, it identifies the total number of suits, liens, judgments and bankrup'cy proceedings as zero. Due to our diligent efforts, we have been involved in vary few litigation cases, none of any significance, R11 0 e e t dil a 0 a 0 a Alabama STATE OF FL- B } } COUNTY OF �notil�e � ANTI -KICKBACK City of -Sunny Isles Beach t8070 Collins Avenue Sunny Isis Bmch. Fl. 33190 Telephone- {305} 947.0606 Fax- (WS) 949-3)13 ANTI -KICKBACK AFFIDAVIT If the undersigned, hereby duly sworn and deposed say that no portion of this sure herein Bid will be paid to any employees of the City of Sunny Isles Beach or its elected officials as a commission, kickback, reward or gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. The foregoing instrument May-- , 2018 , by of person), as P-esidiwl & CEO_ CrpxvdarGL:ll Joint Venture. Inc. executed]. ay; Titl : Jolin ROMSOY Presltlpnt & CEO was acknowledged before me this An day of Jahn Ramsay [name {type of authority], for [name of party on behalf of wham instrument was AFFIX NOTARY STAMP HERE: a"" 6LA Ken*A-Nal Notary Public-_ State of fh3tida Alabama Notary Pu66c. ale County, AL Ny commission es SapR i2, 2D19 Kerda A. Noll Print car Type Commissioned Name ��Fer�nnallyk�nay:>,'n OR Produced Identification _ +rT1pe of Identikation Produced 7or1[1 BID BOND � S k. Cily of Sunny Isleg Beach *' F t3076Caain$?venue ` +f �' • ,-to•`��.' Sveny Blas aulth, Fl 33160 Telrphone!1305F!)Q-06DEFax: (20519<33113 �. STATE OF FLO;340A } COuNVTy OF Dade y I(NOW ALL MEN BY THESE PRESENTS, that we,_Crowderrsulf .taint Venture Inc. as Principal, and Trsvela _Caagalty aild SuVOC, o —.ij&1 r Of AMG Ca , as Sureq% aro held afiv Ilfiriiy .bound unto Gae Cily of S rirq ISIds Beach, a municipal corporalion of the Scale -of Floetda in the sum or Flvo Thousand and DOM DQ f %Ids, (S SADAO 1, lawful money of the Urktad $tates•,'ldr the,pay4n2rit of which sum well and truly to be made, we pind ourselQs. our Aeirs, executers_ a;iministmtors and suowssors j6ntly and severally, firmly by these presents. 'THE G6NOiTION OF THIS OBLIGATION *IS SUCH Thal whereas the Principal has 3utunitted the aCCOBpanYln$ Bid dated, may 1a 2018fcr:. RFP 1 U -114-i]2 Disaster Debris Management snd aisposa nsj�r,Q,y_ WHER EAS_ it was a "Wition vewdenl to the SUVniSSlon of Said Bid that a easktifr6 chalk or 9fd Band in the amount of rive perrenl (5%) of the Base Bid be subm:hed with said Bid as a gbaranlae That the Proposers wptrd- if awarded the Contract_ erntf into a written Contrail whh The CIly ror lha Rrfgrmanc2 of sold Comma, within ten (10) aansemlive rarvndor elaya after w".I len notice mAng tieon given 0f the Award of the Gonlfact. NOW, THEREFORE. lh2 tonditions of IN& -obligation are such ihal if the Principal wi;hn len (110i consecutive calendar days afterw6tten cloth@ of such acceptance, enlers into a written Conlrap with the Cily of Sunny Isles Mach and runfishes the Performance Bond, sa %?aclory to Mae City, eatA in a n ari7Ouyt equal 40 OftP •rmndfpd pefcent (100%1 Of ilia Gewlratl Price; and provides all required Certi6[a7es of Insurance, then 11 is Wi,Ation shall bC mbid; olhor-jm the Sum ltrmir, stated Snall tit dug and payable Io the City ,I Svnny 15re5 iIoarh 2nd 11,p Svreh' herein agrees to pay said sum Emmedialely, upon dernand of Me Ciiy, in good and twLAA mg> ey of the Urii M Slates of Arnerlea_ a5 liquidated damages ror laeure lhereaf otsald Plinetpal, IN WITNESS WFIEREOF. the above twnded 1pailies have executed this inslndr.rnl under thair several seals this 104111 day oT ,24 tib ,.the name and the corpdrats seat cf ea€li cq:panate part' fietng hereto affixed and these presents being duty Signed fjy its undersigned fep'resenrmive. DOCUMENT CONT IN LIES ON NEXT PAGE 1N PRESENCE OF: r Qf ••� - Crowduarfluif Joint Veaturo, Ince By.- individubdorAadner5hipPrindpal Affix•C raleSeal' 5435 Buslnuss Parkway r- 61,151n.M Adisress Theodore, AL 36562 City, Stale. and Zip Code 251459.7430 261-459-7433 _ Business Telephone Business Farsimi7e E; avelers Co Patty tend Surety C ny a ri ongollo, (� rpoiate Surety)' p�Q y Backrrurorth. Aaeoun! Manager Ate a Ir.-Fvpt ® 'I mpress:CorpoialeSea l R�S1 IMP 4Rrp,ffT Surely cdmpanjes ellgCllirlg 110ndS mu:sl appaaI On the f ma wry L]rpaOrneW. most cun2nl I'll (circular 110 as amended, and tie aulhorized to tran5aot business f n the S9ate of Florid a- 801110 e POWER OF ATTORNEY TRAVELEM Farmington Cwualt:= €ompany SL. Paul N4lercury Insuran re Cnmpany Fidelity and Cuaranh• Insurance Cunrpua} Travelers C3cualt}• and Surety Cmmpany Fidelity and Guarana In.guranore Linderu'rilers, W. Trims'elem Casual(v and Surety' ('nmpanruf Amcrica 51, P;rul Firr Lind t1'larinc Insurance C:mmpany Unirttt Slides FirMi[s Mud CuaranLy Company tit. PILLII (:uardi-in lm m'311Ce Company Aitarnry-In Fact h!o_ 17G I Cerdkijir 1o. L.! 0 7 10 7 9 4 3 KNOW AIJ.:MEN BY THF.yF. PRFfjFNTS! Tlsal FSrmirl{I(,n CAualLy' Contpan<-. S(. Paul I:nr and"Marine Insurance Cnnipaay', Si. -Paul Cuardran Insurance Company_ Si. ?cul Iger€un Insurance Campany;'1'ravclers Cssuah} and SUMS' Cornpony. Trtsveler5 Casuah_v and SurrLy Company ar_'lmeric•a. anu Uniled Stovs Fidel;ry �. i C,uhrryP!•.COmp1r+ art our—raliuna 4uly ur_unlLerl.under the laws of ib^ Sralr pF Coonc,•!icv thea Fid,lil+r ;;.d Gual:,.; ]m ---fax, Con•: ^ " is a p ,. eoilioi P6fin duly ngm0cd ander rhe laws Of Ikc 5111e Of igsv:l, and Lhat Pidelily and Guaranty Insurance tJndcnu•riier;•_ Inc.; is a rarpnralion duly omanized under rule laws ni Lha Slate of Wisconsin (hemintvileuively caLLed the '-Coml'anie -); and Thar rhe CO:rlpaiiies do heerbv makr.c•onstiiulr and appuinL jnmrs N. CojiteGo, James C. Conaclio. and LeRiLa WdRhl ni ncc Giv of Maitlan(l- Sun. 01, Florida th:ir Lne and lawrul Alloml%y(5) in•Facl, each in Lheirsepimut capacity if inure lh:in une is namtd abuYe_ ro sign. execute_ seal and acknowled.gc any end all bonds, recognizance$, epndi;ionel uade'rcekines and och,.r u'rirings nhlip;or, in nce narurc cacrenf on hehali of rhe i0,[Ipsltii5 in chCir busincs, of waranleei ,g Q& fide!kLy of persons. _uamnletiny thr perfum aiii-v of eaniracLs and CY€ewinF Lir guaTantrrins! bunds and umlvua inns reyutred nr pcnniticrl=in any actions nr.prorecjin{: aliened by 11N. 1 l�'IT�lESS W11EREO F. Iht CUM p nirs ha5r caused this it:slnunont;Lu'bc sLene� arrd'LheircoiporaLe seal.: In he heron alined. Lhis ?blh day r la 1)uary 1017 { Farmington. Casualty Cpmp31fr 51. PMLLI itlrmurs Lnsur;Ince Coiupanr Fideli(r and C:uaranLy'ILLsrirance{(;oinpan}'.,Travelers Ca?ually and Suraty (:ompanr [ _ j1 L Fidelisy and Guoranty Irrsuiulrtet U L(ltncrlltrs, Inc. fra�'cicrs Casualty and Surely' Cumrpanti OF America St. Paul Fire and Marine Insurance Cnmpany 1Jnited SIaloS FideliEy and. Guaranty CCIMPans Si. Pau] GunrtlifIll Insurance Company ,'S•,,t � *Sl.[ 6 +4+ ��9`'Y_'t I49.a �f, #r+#�� F .J rkp 6V,, �� .. .�Y+'1•�y #r 9S SU n a1�tlfath t f •-5 • - iu xp° rte, �� r a:rpy4=airt4 � ' ,R �W �a i977 it I iz; l F.arFn� n z xonia� re 6r t` 19$1 r c" f L,3 "Y' 51 XL .i�� S -ate of Connecticut 1J5: Oily 4f I IartFOld SS. Rotr_n t Raney. Sr1YV Vice Prv>idenl Cie chis Ihr __ ?Fj}h, day. of January 3n 17. belbic me personally app`accd Raben L. Raney'. who acknuu•Ird{ed Lirui,^1F;o he=he SeninrVice President ofFanrim!Ion CasuallyCompany- Fidelity and CuaranrylnsuranceCompany: rid^lit%-and GuarawyInsurancelinderwrltrs,Ink- .S -.Paid Firr ,owl hga:inr. 165Lrr1n.0 ('ompany. Sl, PnsLI rLiardian Insurance Conlpnn?. $L. Patti it'lemmw ]nsarance Compmay.TravOers Cosualry and Strew Company_'iravelcrs Casually and Surely Cumpanv 6f Anicrit';l..,nd United Soto Fidtliiv and Guarmly Compamy_ and ;baL he. as <-uch. bein_i. auLhorictiJ so lu d4, ; secured 14r Fnreeoiap [nar,vnien; fin: the pulposus rhrrein camained by signing on hehall of Lhc corporaiions by himsclF as a duly auihnri7cd ndiccr. In lYimm K'hcreof, l hercun4o set n;y hand zinc!i3fficial sial. ®® My CiFnn niSSif}n ral;irea the .iOriL da+ rr lune_ 202 L. * B S i Starir C. Teueauh.toran' PIrEI_c 58440-5.16 Plmted In U.S.A r Hi _7 Attachment "B" Scrutinized Company Affidavit CONTRACTOR ANTI—BOYCOTT CERTIFICATION vtc 0 [PURSUANT TO FLORtDA STATUTE § 287.1351 on behalf of Print Name Company Name certifies that Company Name 1. Participate in a boycott of Israel; and does not: 2. Is not on the Scrutinized Companies that Boycott Israel list; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Cuba or Syria. Signature Title 01 Attachment "C" E®4'rify Affidavit Florida Statute 448,095 directs all public employers. Including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E - Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E -Verify system. Florida Statute 449.095 further provides that if a contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, all contractors doing business with the City of Sunny Isles Beach are required to verify employee eligibility using the E -Verify system for all existing and new employees hired by the contractor during the contract terra. Further, the contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of the awarded vendor to ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify website (https:Hwww.e-verify.goy/employers/enralling-in-e-verify) and follow the instructions. The contractor must, as usual, retain the 1-9 Forms for inspection. By affixing your signature below you hereby affirm that you will comply with E -Verify requirements. Company Name Offeror Signature Date Print Name Federal Employer Identification Number (FEIN) Title Sworn to and subscribed before me on this this day of 2021, By ❑ Is personally known to me ❑ Has produced Identlflcailon (type of Identlttcation produced, Signature of Notary Public Print or Stamp of Notary Public Expiration Date