HomeMy WebLinkAboutRFP 22-04-01 CITYWIDE FIBER NETWORK DEPLOYMENT
City of Sunny Isles Beach |Request for Proposals No. 22-04-01 1
REQUEST FOR PROPOSALS
Goods & Services
CITYWIDE FIBER NETWORK DEPLOYMENT
REQUEST FOR PROPOSALS NO. 22-04-01
ADVERTISEMENT DATE: FRIDAY, APRIL 1, 2022
NON-MANDATORY VIRTUAL PRE-PROPOSAL
CONFERENCE:
THURSDAY, APRIL 14, 2022 AT 2:30 PM
ALL QUESTIONS DUE: FRIDAY, APRIL 15, 2022 AT 5:00 PM
SUBMISSION DUE DATE: TUESDAY, MAY 3, 2022 AT 2:30 PM
SUBMIT TO:
CITY OF SUNNY ISLES BEACH GOVERNMENT
CENTER - CITY CLERK
18070 COLLINS AVENUE, 4TH FLOOR
SUNNY ISLES BEACH, FLORIDA 33160
City of Sunny Isles Beach |Request for Proposals No. 22-04-01 2
TABLE OF CONTENTS PAGE NO.
TABLE OF CONTENTS 2
LEGAL ADVERTISEMENT/ NOTICE TO FIRM 3
GENERAL TERMS & CONDITIONS 4
SPECIAL TERMS & CONDITIONS 10
SCOPE OF WORK / TECHNICAL SPECIFICATIONS 22
PROPOSAL FORMAT 46
EVALUATION PROCESS 52
BID SUBMITTAL FORM 57
ATTACHMENT A - FEDERAL PROVISIONS RELATED TO GRANT FUNDS 60
ATTACHMENT B - ARPA FUNDING AGREEMENT
ATTACHMENT C – EXCEL COST SHEET
ATTACHMENT D – BUY AMERICA CERTIFICATE
AFFIDAVITS
NON-COLLUSIVE AFFIDAVIT
PUBLIC ENTITY CRIMES
EQUAL OPPORTUNITY / AFFIRMATIVE ACTION STATEMENT
CONFLICT OF INTEREST STATEMENT
DISPUTE DISCLOSURE FORM
ANTI-KICKBACK AFFIDAVIT
ANTI-BOYCOTT CERTIFICATION
E-VERIFY AFFIDAVIT
EXHIBITS – ALL EXHIBITS MUST BE REVIEWED BY YOUR FIRM
EXHIBIT A - DESIGN MAP
EXHIBIT B – NETWORK SPLICING PLAN
EXHIBIT C - SUNNY ISLES SPLICE SHEETS
EXHIBIT D – DATA CENTER PATCH SHEET
EXIHBIT E – DAVIS BACON MIAMI DADE COUNTY
City of Sunny Isles Beach |Request for Proposals No. 22-04-01 3
LEGAL ADVERTISEMENT
NOTICE TO FIRM
NOTICE IS HEREBY GIVEN that the City of Sunny Isles Beach is seeking sealed Bids for the following work as
specified.
CITYWIDE FIBER NETWORK DEPLOYMENT
REQUEST FOR PROPOSALS NO. 22-04-01
The Specifications for this REQUEST FOR PROPOSALS are available from DemandStar by calling (800) 711-1712
or by accessing their website at www.demandstar.com. The Bid Specifications may also be examined at the
City of Sunny Isles Beach – Office of the City Clerk. Vendors who obtain the Bid Specifications from sources
other than DemandStar or the City of Sunny Isles Beach are cautioned that their Bid response package may be
incomplete. Any addenda will be posted and disseminated by DemandStar at least five days prior to the
submittal date to all vendors who are listed on the official list.
Sealed Proposals will be received by the City Clerk no later than 2:30 PM ON TUESDAY, MAY 3, 2022 at the
Sunny Isles Beach Government Center located at 18070 Collins Avenue, 4th floor, Sunny Isles Beach, Florida,
33160. Proposals received after this time will not be considered. The City is under no obligation to return Bids.
Timely submitted Bids will be opened publicly and names of firms read aloud at this time.
The envelope containing the sealed proposal must be clearly marked:
“IMPORTANT, RFP ENCLOSED SUBMIT TO CITY CLERK’S OFFICE”
REQUEST FOR PROPOSALS NO. 22-04-01
CITYWIDE FIBER NETWORK DEPLOYMENT
OPENING DATE AND TIME: TUESDAY, MAY 3, 2022 AT 2:30 PM
The Owner reserves the right to reject any or all Bids, with or without cause, to waive technical errors and
informalities, and to accept the Bid, which best serves the interest of, and represents the best value to, the
Owner in conformity with the criteria set forth in Section 62-8 of the Code of Ordinances of the City of Sunny
Isles Beach.
The City will host a virtual non-mandatory pre-proposal conference on TUESDAY, APRIL 14, 2022 AT 2:30 PM.
USE THE FOLLOWING LINK TO JOIN THE WEBINAR: https://us02web.zoom.us/j/82147711966
All questions regarding this Request shall be directed in writing to Mauricio Betancur, CMC, City Clerk and
Purchasing by APRIL 15, 2022 AT 5:00 PM. Questions may be submitted via email to: MBetancur@sibfl.net and
Purchasing@sibfl.net or via regular mail at: Mauricio Betancur, CMC, City Clerk, City of Sunny Isles Beach,
18070 Collins Avenue, Sunny Isles Beach, FL 33160. Pursuant to Florida Statutes 119.071, sealed bids, proposals
or replies by an agency pursuant to a competitive solicitation are exempt from inspection until such time as the
agency provides notice of an intended decision or until thirty (30) days after the opening of the bids, proposals,
or final replies, whichever is earlier.
Mauricio Betancur, CMC, City Clerk,
City of Sunny Isles Beach
City of Sunny Isles Beach |Request for Proposals No. 22-04-01 4
SECTION 1
INSTRUCTIONS TO BIDDER / GENERAL TERMS AND CONDITIONS
THESE INSTRUCTIONS ARE STANDARD FOR ALL BID COMMODITIES/SERVICES ISSUED BY THE CITY OF SUNNY ISLES BEACH. THE CITY OF SUNNY ISLES BEACH MAY DELETE,
SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR CONTRACT BY INDICATING SUCH CHANGE IN SPECIAL INSTRUCTIONS TO BIDDERS
OR IN THE BID SHEETS. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THE GENERAL CONDITIO0NS SHALL HAVE PRECEDENCE. BIDDER AGREES THAT THE
PROVISIONS INCLUDED WITHIN THIS BID OR RFP SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY STANDARD FORM CONTRACT OF THE BIDDER
REGARDLESS OF ANY LANGUAGE IN BIDDER’S CONTRACT TO THE CONTRARY.
1.1 CLARIFICATION/EXPLANATION/QUESTIONS:
Any questions concerning the Bid Specifications or any required need
for clarification must be made to Mauricio Betancur, CMC, City Clerk
via email to: MBetancur@sibfl.net or via facsimile (305) 792-1563
or via regular mail at: Mauricio Betancur, CMC, City Clerk, City of
Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL
33160. Such requests for clarification/explanation or questions must
be made in writing to Mauricio Betancur, CMC, City Clerk, at least
five (5) business days prior to the date of the Bid opening.
Interpretations or clarifications considered necessary by the City will
be issued by addenda and posted/disseminated by DemandStar
(www.demandstar.com) to all parties listed on the official plan
holders’ list as having received the Bid documents. Only questions
answered by written addenda shall be binding. Oral interpretations
or clarifications shall be without legal effect. No plea of ignorance
or delay or required need of additional information shall exempt a
Proposers from submitting their Bid on the required date and time
as publicly noted.
1.2 PLAN HOLDER’S LIST:
As a convenience to vendors, the City of Sunny Isles Beach has made
available via internet lists of all plan holders for each REQUEST FOR
PROPOSALS, REQUEST FOR PROPOSALS, and request for
qualifications. The information is available on-line at
www.demandstar.com or by calling the Office of the City Clerk at
(305) 792-1703.
1.3 ADDENDA TO SPECIFICATIONS:
If any addenda are issued after the initial specifications are released,
the City will post and disseminate the addenda through DemandStar.
For those projects with separate plans, blue prints, or other materials
that cannot be accessed through the internet, the Office of the City
Clerk will make good faith effort to ensure that all registered
proposers (those who have been registered as receiving a Bid
package) receive the documents. It is the responsibility of the
vendor prior to the submission of any Bid to check the above website
or contact the Office of the City Clerk at (305) 792-1703 to verify any
addenda issued. The receipt of all addenda must be acknowledged
on the Bid Response Sheet.
1.4 SPECIAL ACCOMMODATIONS:
Any person requiring a special accommodation at a Pre-Bid
Conference or Bid/RFP/RFQ opening because of a disability should
call the Office of the City Clerk at (305) 792-1703 at lease five (5)
days prior to the Pre-Bid Conference or Bid/RFP/RFQ opening. If you
are hearing or speech impaired, please contact the Office of the City
Clerk by calling the City of Sunny Isles Beach using the Florida Relay
Service which can be reached at 1(800) 955-8771 (TDD).
1.5 PUBLIC ENTITY CRIMES STATEMENT:
Pursuant to the provisions of paragraph (2) (a) of section 287.133,
Florida statutes -"a person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime
may not submit a Bid on a contract to provide any goods or services
to a public entity, may not submit a Bid on a contract with a public
entity for the construction or repair of a public building or public
work, may not submit Bids on 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 provided in section 287.107, for
category two for a period of 36 months from the date of being placed
on the convicted vendor list”.
1.6 BID DEADLINE:
Bids must be submitted no later than the time and date shown within
this document.
1.7 SEALED BID:
The entire Bid Response Package shall be placed in an opaque
envelope (with all items listed on the Bid checklist form and all other
items required within this REQUEST FOR PROPOSALS must be
executed) and submitted in a sealed envelope.
1.8 BID EXECUTION, SIGNATURES, ERASURE/CORRECTION:
All Bids shall be signed in blue ink. All price quotes shall be
typewritten or printed with ink. All corrections made by the
proposers prior to the opening must be initialed and dated by the
proposers. No changes or corrections will be allowed after Bids are
opened. Bids must contain an original, manual signature of an
authorized representative of the company.
1.9 WITHDRAWAL OF BIDS:
Proposers may withdraw Bids only by written request and shall
forward the withdrawal request via “Certified U.S. Mail – Return
Receipt Requested” prior to the Bid opening time. Negligence on the
part of the Proposers in preparing the Bid confers no right for the
withdrawal of the Bid after it has been opened.
1.10 BID OPENING:
Bids will be opened publicly at the time and place stated in the Notice
to Bidder. It is the responsibility of the proposers to insure that the
Bid reaches the Office of the City Clerk on or before the closing hour
and date stated on the REQUEST FOR PROPOSALS. After the Bid
opening, the contents of the Bid Form will be made public for the
information of vendors and other interested parties who may be
present either in person or by representative. Bids that are received
after the Bid opening time will not be considered and will not be
returned.
1.11 EVALUATION OF BIDS:
The City, at its sole discretion, reserves the right to inspect any/all
Proposers facilities to determine their capability of meeting the
requirements for the Contract. Also, price, responsibility, and
responsiveness of the Proposers, the financial position, experience,
staffing, equipment, materials, references, and past history of
service to the City and/or with other units of state, and/or local
governments in Florida, or comparable private entities, will be taken
into consideration in the Award of the Contract.
1.11.1 Hold Harmless: All Proposer’s shall hold the City, it's
officials and employees harmless and covenant not to
sue the City, it's officials and employees in reference to
their decisions to reject, award, or not award a Bid, as
applicable.
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 5
1.11.2 Cancellation: Failure on the part of the Proposers to
comply with the conditions, specifications,
requirements, and terms as determined by the City,
shall be just cause for cancellation of the Award.
1.11.3 Disputes: If any dispute concerning a question of fact
arises under the Contract, other than termination for
default or convenience, the Contractor and the City
department responsible for the administration of the
Contract shall make a good faith effort to resolve the
dispute. If the dispute cannot be resolved by
agreement, then the department with the advice of the
City Attorney shall resolve the dispute and send a
written copy of its decision to the Contractor, which
shall be binding on both parties.
1.12 AGREEMENT:
After the Bid award, the City will, at its option, prepare an Agreement
specifying the terms and conditions resulting from the award of this
Bid. The vendor will have ten (10) calendar days after notification of
the award by the City to execute the Agreement and provide the
required Performance Bond.
The Proposers who has the Contract awarded to them and who fails
to execute the Agreement and furnish the Performance Bond and
Insurance Certificates within the specified time shall forfeit the Bid
Security that accompanied their Bid, and the Bid Security shall be
retained as liquidated damages by the City, and it is agreed that this
sum is a fair estimate of the amount of damages the City will sustain
in case the Proposers fails to enter into the Contract and furnish the
Bonds as herein before provided. Bid Security deposited in the form
of a cashier’s check drawn on a local bank in good standing shall be
subject to the same requirements as a Bid Bond.
The performance of the City of Sunny Isles Beach of any of its
obligations under the agreement shall be subject to and contingent
upon the availability of funds lawfully expendable for the purposes
of the agreement for the current and any future periods provided for
within the Bid specifications.
1.13 PAYMENTS:
Payment will be made after commodities/services have been
received, accepted, and properly invoiced as indicated in the contract
and/or purchase order. Invoices must bear the purchase order
number.
1.14 BRAND NAMES:
If a brand name, make, of any "or equal" manufacturer trade name,
or vendor catalog is mentioned whether or not followed by the words
"approved equal" it is for the purpose of establishing a grade or
quality of material only. Vendor may offer equals with appropriate
identification, samples, and/or specifications on such item(s). The
City shall be the sole judge concerning the merits of items Bid as
equals.
1.15 MATERIAL:
Material(s) delivered to the City under this Bid shall remain the
property of the seller until accepted to the satisfaction of the City.
In the event materials supplied to City are found to be defective or
do not conform to specifications, the City reserves the right to return
the product(s) to the seller at the seller’s expense.
1.16 SAMPLES:
Samples of items, when required, must be furnished by the
Proposers free of charge to the City. Each individual sample must
be labeled with the Proposers name and manufacturer's brand name
and delivered by them within ten (10) calendar days of Proposers
receipt of the “Notice to Proceed”, unless schedule indicates a
different time. If samples are requested subsequent to the Bid
opening, they should be delivered within ten (10) calendar days of
the request. The City will not be responsible for returning samples.
1.17 QUANTITY GUARANTY:
No guaranty or warranty is given or implied by the City as to the total
amount that may or may not be purchased from any resulting
Contract or Award. These quantities are for Bid purposes only and
will be used for tabulation and presentation of the Bid. The City
reserves the right to increase or decrease quantities as required,
even significantly. The prices offered herein and the percentage rate
of discount applies to other representative items not listed in this Bid.
1.18 GOVERNMENTAL RESTRICTIONS ON MATERIALS:
In the event any governmental restrictions may be imposed which
would necessitate alteration of the material quality, workmanship, or
performance of the items offered on this Bid prior to their delivery,
it shall be the responsibility of the successful Proposers to notify the
City at once, indicating in their letter the specific regulation which
required an alteration. The City of Sunny Isles Beach reserves the
right to accept any such alteration, including any price adjustments
occasioned thereby, or to cancel at no further expense to the City.
1.19 SAFETY STANDARDS:
The Proposers warrants that the product(s) supplied to the City
conforms in all respects to the standards set forth in the occupational
safety and health act (OSHA) and its amendments. Bids must be
accompanied by a materials data safety sheet (MSDS) when
applicable.
1.20 WARRANTIES:
Successful Proposers shall act as agent for the City in the follow-up
and compliance of all items under Warranty/Guaranty and complete
all forms for Warranty/Guarantee coverage under this Contract.
1.21 COPYRIGHTS/PATENT RIGHTS:
Proposers warrants that there has been no violation of copyrights or
patent rights in manufacturing, producing or selling of goods shipped
or ordered, as a result of this Bid. The seller agrees to indemnify
City from any and all liability, loss, or expense occasioned by any
such violation.
1.22 LOCAL BUSINESS TAX (OCCUPATIONAL LICENSE
REGISTRATION):
The contractor shall be responsible for obtaining and maintaining
throughout the contract period his or her city and county local
business tax receipts. Each vendor submitting a Bid on this
REQUEST FOR PROPOSALS shall include a copy of the company’s
local business tax/occupational license(s) with the Bid response. For
information specific to City of Sunny Isles Beach local business
tax/occupational licenses, please call Code Enforcement & Licensing
at (305) 792-1705. If the contractor is operating under a fictitious
name as defined in Section 865.059, Florida Statutes, proof of
current registration with the Florida Secretary of State shall be
submitted with the Bid. A business formed by an attorney actively
licensed to practice law in this state, by a person actively licensed by
the Department of Business and Professional Regulations or the
Department of Health for the purpose of practicing his or her licensed
profession, or by any corporation, partnership, or other commercial
entity that is actively organized or registered with the Department of
State shall submit a copy of the current licensing from the
appropriate agency and/or proof of current active status with the
Division of Corporations of the State of Florida.
1.23 LIABILITY, INSURANCE, PERMITS AND LICENSES:
Proposers shall assume the full duty, obligation, and expense of
obtaining all necessary licenses, permits, inspections, and insurance
required. The Proposers shall be liable for any damages or loss to
the City occasioned by negligence of the Proposers (or their agent)
or any person the Proposers has designated in the completion of
their contract as a result of the Bid. Contractor shall be required to
furnish a copy of all licenses, certificates of competency or other
licensor requirements necessary to practice their profession as
required by Florida State Statute, Miami-Dade County, and City of
Sunny Isles Beach Code. Contractors shall include current Miami-
Dade County Certificates of Competency. These documents shall be
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 6
furnished to the City along with the Bid response. Failure to furnish
these documents or to have required licensor will be grounds for
rejecting the Bid.
1.24 CERTIFICATE(S) OF INSURANCE:
Proposers shall furnish to the Office of the City Clerk, City of Sunny
Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160,
certificate(s) of insurance which indicate that insurance coverage has
been obtained from an insurance company authorized to do business
in the State of Florida or otherwise secured in a manner satisfactory
to the City, for those coverage types and amounts listed in this
document, in an amount equal to 100% of the requirements and
shall be presented to the City prior to issuance of any Contract(s) or
Award(s) Document(s). The City of Sunny Isles Beach shall be
named as "additional insured" with respect to this coverage. The
required certificates of insurance shall not only name the types of
policies provided, but shall also refer specifically to this Bid and
section. At the time of Bid submission the Proposers must submit
certificates of insurance as outlined in the General Conditions
section. All required insurances shall name the City of Sunny Isles
Beach as additional insured and such insurance shall be issued by
companies authorized to issue insurance in the State of Florida. It
shall be the responsibility of the Proposers and insurer to notify the
City Manager of the City of Sunny Isles Beach of cancellation, lapse,
or material modification of any insurance policies insuring the
Proposers, which relate to the activities of such vendor and the City
of Sunny Isles Beach. Such notification shall be in writing, and shall
be submitted to the City finance support service director thirty (30)
days prior to cancellation of such policies. This requirement shall be
reflected on the certificate of insurance. Failure to fully and
satisfactorily comply with the city's insurance and bonding
requirements set forth herein will authorize the City Manager to
implement a rescission of the Bid award without further City
Commission action. The Proposers hereby holds the City harmless
and agrees to indemnify City and covenants not to sue the City by
virtue of such rescission.
1.25 ASSIGNMENT:
The Contractor shall not transfer or assign the performance required
by this Bid without prior written consent of the City Manager. Any
award issued pursuant to the REQUEST FOR PROPOSALS and monies
which may be due hereunder are not assignable except with prior
written approval of the City Manager. Further, in the event that the
majority ownership or control of the Contractor changes hands
subsequent to the award of this contract, Contractor shall promptly
notify City in writing (via United States Postal Service – Certified Mail,
Return Receipt Requested) of such change in ownership or control
at least thirty (30) days prior to such change and City shall have the
right to terminate the contract upon sixty (60) days written notice,
at City’s sole discretion.
1.26 HOLD HARMLESS/INDEMNIFICATION:
The Contractor shall indemnify, hold harmless, and defend the City
of Sunny Isles Beach, it's officers, agents and employees from and
against any claims, demands or causes of action of whatsoever kind
or nature arising out of error, omission, negligent act, conduct, or
misconduct of the Contractor, their agents, servants or employees in
the provision of goods or the performance of services pursuant to
this Bid and / or from any procurement decision of the City including
without limitation, awarding the Contract to the Contractor.
1.27 NON-CONFORMANCE TO CONTRACT:
The City of Sunny Isles Beach may withhold acceptance of, or reject
items which are found upon examination, not to meet the
specification requirements. Upon written notification of rejection,
items shall be removed within (5) calendar days by the vendor at
their own expense and redelivered at their expense. Rejected goods
left longer than thirty (30) calendar days will be regarded as
abandoned and the City shall have the right to dispose of them as
its own property. Rejection for non-conformance or failure to meet
delivery schedules may result in the Contractor being found in
default.
1.28 DEFAULT PROVISION:
In case of default by the Proposers, the City of Sunny Isles Beach
may procure the articles or services from other sources and hold the
Proposers responsible for any excess costs occasioned or incurred
thereby.
1.29 SECONDARY/OTHER VENDORS:
The City reserves the right in the event the primary vendor cannot
provide an item(s) or service(s) in a timely manner as requested, to
seek other sources without violating the intent of the Contract.
1.30 DEFINITIONS:
Wherever used in these General Conditions or in the other Contract
Documents, the following terms shall have the meaning indicated
which shall be applicable to both the singular and plural thereof:
Acceptance: Acceptance by the City of the Work as
being fully complete in accordance with
the Contract Documents subject to
waiver of claims.
Agreement: The written Agreement between the City
and the Contractor covering the Work to
be performed, which includes the
Contract Documents.
Addenda: Written or graphic instruments issued
prior to the Bid Opening which modify or
interpret the Contract Documents,
Drawings and Specifications, by addition,
deletions, clarifications or corrections.
Approved: Means approved by the City.
Bid or Proposal: The offer of the Proposers submitted on
the prescribed form setting forth the
prices for the Work to be performed.
Proposers: Any person, firm or corporation
submitting a Bid for Work.
Bonds: Bid, performance bond and other
instruments of security, furnished by the
Contractor and their surety in accordance
with the Contract Documents and in
accordance with the law of the State of
Florida.
Change Order: A written order to the Contractor signed
by the City authorizing an addition,
deletion or revision in the Work, or an
adjustment in the Contract Price or the
Contract Time issued after execution of
the Agreement.
City: City of Sunny Isles Beach, 18070 Collins
Avenue, Sunny Isles Beach, Florida
33160.
Contract Documents: Contract Documents shall include,
Instructions to Proposers, Contractor's
Bid, the Bonds, the Notice of Award, the
Agreement between the City and
Contractor as well as any addenda
thereto, these General Conditions,
Special Conditions, the Technical
Specifications, Drawings and
Modifications, Notice to Proceed,
REQUEST FOR PROPOSALS, Insurance
Certificates, Change Orders and
Acknowledgment of Conformance with
the City of Sunny Isles Beach.
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 7
Contract Price: The total monies payable to the
Contractor under the Contract
Documents.
Contract Time: The number of calendar days stated in
the Agreement for the completion of the
Work.
Contracting Officer: The individual who is authorized to sign
the contract documents on behalf of the
City’s governing body.
Contractor: The person, firm or corporation with
whom the City has executed this
Agreement.
Day: A calendar day of twenty-four hours
measured from midnight to the next
midnight.
Field Order: A written order issued by the City which
clarifies or interprets the Contract
Documents or orders minor changes in
the Work.
Modification: Modification means any one of the
following: (a) a written amendment of
the Contract Documents signed by both
parties, (b) a Change Order, (c) a written
clarification or interpretation if issued by
the City, or (d) a written order for minor
change or alteration in the Work issued
by the City. A modification may only be
issued after execution of the Agreement.
Notice of Award: The written notice by City to the apparent
successful Proposers stating that upon
compliance with the conditions precedent
to be fulfilled by him within the time
specified, City will execute and deliver
the Agreement to him.
Samples: Physical examples which illustrate
materials, equipment or workmanship
and establish standards by which the
Work will be judged.
Specifications: Those portions of the Contract
Documents consisting of written
technical descriptions of materials,
equipment, construction systems,
standards and workmanship as applied to
the Work.
Statement of Services: The form furnished by the City which is
to be used by the Contractor in
requesting progress payments.
Supplier: Any person or organization who supplies
materials or equipment for the Work,
including that fabricated to a special
design, but who does not perform labor
at the site.
Work: Any and all obligations, duties and
responsibilities necessary to the
successful completion of the Project
assigned to or undertaken by Contractor
under the Contract Documents, including
all labor, materials, equipment and other
incidentals, and the furnishing thereof.
Written Notice: The term “Notice” as used herein shall
mean and include all written notices,
demands, instructions, claims, approvals
and disapproval’s required to obtain
compliance with Contract requirements.
Written notice shall be deemed to have
been duly served if delivered in person to
the individual or to a member of the firm
or to an officer of the corporation for
whom it is intended, or to an authorized
representative or such individual, firm, or
corporation, or if delivered at or sent by
registered mail to the last business
address known to them who gives the
notice. Unless otherwise stated in
writing, any notice to or demand upon
the City under this Contract shall be
delivered to the City.
1.31 BID AWARD:
The City reserves the right to reject any and all Bids at its sole
discretion. Bids shall be awarded by the City after the City performs
all necessary searches, inquiries, exploration, and analysis of the
Bids. The RFP shall be awarded to the highest ranked responsive
and responsible Bidder whose Bid best serves the interests of and
represents the best value to the City . No Notice of Award will be
given until the City has concluded any investigation(s) as they deem
necessary to establish the Proposer’s capability to perform the
Services as described in this RFP, ITB, RFQ or ITQ, as substantiated
by the required professional experience, client references, technical
knowledge and qualifications; and sufficient labor and equipment to
comply with the City’s established standards, as well as the financial
capability of the Proposer to perform the Work in accordance with
the Contract Documents to the satisfaction of the City within the time
prescribed. The City reserves the right to reject the Bid of any
Proposers on the basis of these queries and investigations and who
does not meet the City’s satisfaction, even though the firm may be
the lowest dollars and cents Bid. In analyzing Bids, the City will also
take into consideration client references, past work experience and
work product, proven ability to satisfactorily perform. If the Contract
is awarded, the City will issue the Notice of Award and give the
successful Proposers a Contract for execution within ninety (90) days
after opening of Bids. The City specifically reserves the right to award
the contract to a proposer who is not necessarily the lowest dollars
and cents proposers on the basis of the results of these queries and
investigation(s).
1.32 EXECUTION OF AGREEMENT:
At least four counterparts of the Agreement, the Performance Bond,
the Certificates of Insurance and such other Documents as required
by the Contract Documents shall be executed and delivered by
Contractor to the City within ten (10) calendar days of receipt of the
Notice of Award.
1.33 LAWS AND REGULATIONS:
The Contractor will give all notices and comply with all laws,
ordinances, rules and regulations applicable to the Work. If the
Contractor observes that the Specifications are at variance therewith,
they will give the City prompt written notice thereof, and any
necessary changes shall be adjusted by an appropriate modification.
If the Contractor performs any Work knowing it to be contrary to
such laws, ordinances, rules and regulations, and without such notice
to the City, they will bear all costs arising wherefrom.
1.34 TAXES:
The City of Sunny Isles Beach is exempt from sales tax imposed by
the State and/or Federal Government. Florida Sales Tax Exemption
No. 23-00-477131-54C appears on each purchase order. Exemption
certificates are available upon request.
1.35 DUTY TO DEFEND, INDEMNIFY AND SAVE HARMLESS:
In consideration of the separate sum of twenty-five dollars ($25.00)
and other valuable consideration, the Contractor shall defend,
indemnify and hold harmless the City, its officers, agents and
employees, from or on account of any injuries or damages, received
or sustained by any person or persons during or on account of any
operations connected with the Work described in the Contract
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 8
Documents, or by or in consequence of any negligence in connection
with the same; or by use of any improper materials or by or on
account of any act or omission of the said Contractor or his Sub-
Contractor, agents, servants or employees. The Contractor will
defend, indemnify and hold harmless the City and their agents or
employees from and against all claims, damages, losses and
expenses including attorneys' fees arising out of or resulting from
the performance of the Work, provided that any such claim damage,
loss or expense (a) is attributable to bodily injury, sickness, disease
or death, or to injury to or destruction of tangible property (other
than Work itself) including the loss of use resulting wherefrom and
(b) is caused in whole or in part by any negligent act or omission of
the Contractor, Sub-Contractor, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may
be liable, regardless of whether or not it is caused by a party
indemnified hereunder. In the event that a court of competent
jurisdiction determines that Sec. 725.06 (2), F.S. is applicable to this
Work, then in lieu of the above provisions of this section the parties
agree that Contractor shall indemnify, defend and hold harmless the
City, their officers and employees, to the fullest extent authorized by
Sec. 725.06 (2) F.S., which statutory provisions shall be deemed to
be incorporated herein by reference as if fully set forth herein. In
the event that any action or proceeding is brought against City by
reason of any such claim or demand, Contractor, upon written notice
from City shall defend such action or proceeding by counsel
satisfactory to City. The indemnification provided above shall
obligate Contractor to defend at its own expense or to provide for
such defense, at City’s option, any and all claims of liability and all
suits and actions of every name and description that may be brought
against City, excluding only those which allege that the injuries arose
out of the sole negligence of City, which may result from the
operations and activities under this Contract whether the Work be
performed by Contractor, its Sub-Contractors, or by anyone directly
or indirectly employed by either.
1.36 DECISIONS ON DISAGREEMENTS:
The City will be the initial interpreter of the Technical Specifications.
1.37 CITY MAY TERMINATE:
If the Contractor is adjudged bankrupt or insolvent, or if they make
a general assignment for the benefit of their creditors, or if a trustee
or receiver is appointed for the Contractor or for any of their
property, or if they file a petition to take advantage of any debtor’s
act, or to reorganize under bankruptcy or similar laws, or if they
repeatedly fails to supply sufficient skilled workmen or suitable
materials or equipment, or if they repeatedly fail to make prompt
payments to Sub-Contractors or for labor, materials or equipment or
they disregard laws, ordinances, rules, regulations or orders of any
public body having jurisdiction, or if they disregard the authority of
the City, of if they otherwise violate any provision of, the Contract
Documents, then the City may, without prejudice to any other right
or remedy and after giving the Contractor and the surety ten (10)
days written notice, terminate the services of the Contractor and take
possession of the Project and of all materials, equipment, tools,
construction equipment and machinery thereon owned by the
Contractor, and finish the Work by whatever method they may deem
expedient. In such case the Contractor shall not be entitled to
receive any further payment until the Work is finished. If the unpaid
balance of the Contract Price exceeds the direct and indirect costs of
completing the Project, including compensation for additional
professional services, such excess shall be paid to the Contractor. If
such costs exceed such unpaid balance, the Contractor will pay the
difference to the City. Such costs incurred by the City will be
determined by the City and incorporated in a Change Order. If after
termination of the Contractor under this Section, it is determined by
a court of competent jurisdiction for any reason that the Contractor
was not in default, the rights and obligations of the City and the
Contractor shall be the same as if the termination had been issued
pursuant to this document.
1.37.1 Where the Contractor’s services have been so
terminated by the City said termination shall not affect
any rights of the City against the Contractor then
existing or which may thereafter accrue. Any retention
or payment of moneys by the City due the Contractor
will not release the Contractor from liability.
1.37.2 Upon ten (10) days written notice to the Contractor,
the City may, without cause (termination for
convenience) and without prejudice to any other right
or remedy, elect to terminate the Agreement. In such
case, the Contractor shall be paid for all Work executed
and accepted by the City as of the date of the
termination. No payment shall be made for profit for
Work which has not been performed.
1.38 MISCELLANEOUS:
Proposers acknowledge the following miscellaneous conditions:
1.38.1 Whenever any provision of the Contract Documents
requires the giving of written notice it shall be deemed
to have been validly given if delivered in person to the
individual or to a member of the firm or to an officer of
the corporation for whom it is intended, or if delivered
at or sent by registered or certified mail, postage
prepaid, to the last business address known to them
who gives the notice.
1.38.2 The Contract Documents shall remain the property of
the City. The Contractor shall have the right to keep
one record set of the Contract Documents upon
completion of the Project.
1.38.3 The duties and obligations imposed by these General
Conditions, Special Conditions and Supplemental
Conditions and the rights and remedies available
hereunder, and, in particular but without limitation, the
warranties, guarantees and obligations imposed upon
Contractor and those in the Special Conditions and the
rights and remedies available to the City, shall be in
addition to, and shall not be construed in any way as a
limitation of, any rights and remedies available by law,
by special guarantee or by other provisions of the
Contract Documents.
1.38.4 Should the City or the Contractor suffer injury or
damage to its person or property because of any error,
omission, or act of the other or of any of their
employees or agents or others for whose acts they are
legally liable, claim shall be made in writing to the other
party within a reasonable time of the first observance
of such in jury or damage.
1.39 WAIVER OF JURY TRIAL:
City and Contractor knowingly, irrevocably voluntarily and
intentionally waive any right either may have to a trial by jury in
State or Federal Court proceedings in respect to any action,
proceeding, lawsuit or counterclaim based upon the Contract
Documents or the performance of the Work there under.
1.40 GOVERNING LAW:
The Contract shall be construed in accordance with and governed by
the law of the State of Florida.
1.41 VENUE:
Venue of any action to enforce the Contract Documents shall be in
Miami-Dade County, Florida.
1.42 ARBITRATION:
It is the intention of the parties that whenever possible, if a dispute
or controversy arises hereunder then such dispute or controversy
shall be settled by arbitration in accordance with the procedures,
rules and regulations of the American Arbitration Association. The
decision rendered by the Arbitrator shall be final and binding upon
the parties and judgment upon the award rendered by the arbitrator
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 9
may be entered in any court having jurisdiction. Arbitration shall be
held in Miami-Dade County, Florida. All costs of arbitration and
attorneys’ fees incurred by the parties shall be paid by the non-
prevailing party or, if neither party prevails on the whole, each party
shall be responsible for a portion of the costs of arbitration and their
respective attorneys’ fees as may be determined by the court on
confirmation.
1.43 PROJECT RECORDS:
City shall have right to inspect and copy during regular business
hours at City’s expense, the books and records and accounts of
Contractor which relate in any way to the Project, and to any claim
for additional compensation made by Contractor, and to conduct an
audit of the financial and accounting records of Contractor which
relate to the Project. Contractor shall retain and make available to
City all such books and records and accounts, financial or otherwise,
which relate to the Project and to any claim for a period of three
years following final completion of the Project. During the Project
and the three year period following final completion of the Project,
Contractor shall provide City access to its books and records upon
five days written notice.
1.44 SEVERABILITY:
If any provision of the Contract or the application thereof to any
person or situation shall to any extent, be held invalid or
unenforceable, the remainder of the Contract, and the application of
such provisions to persons or situations other than those as to which
it shall have been held invalid or unenforceable shall not be affected
thereby, and shall continue in full force and effect, and be enforced
to the fullest extent permitted by law.
1.45 INDEPENDENT CONTRACTOR:
The Contractor is an independent Contractor under the Contract.
Services provided by the Contractor shall be by employees of the
Contractor and subject to supervision by the Contractor, and not as
officers, employees, or agents of the City. Personnel policies, tax
responsibilities, social security and health insurance, employee
benefits, purchasing policies and other similar administrative
procedures, applicable to services rendered under the Contract shall
be those of the Contractor.
1.46 PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED
COMPANIES:
Pursuant to Florida Statutes Section 217.4725, 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 1, 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.
Contractors must submit the certification that is attached to this
agreement. 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 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 215.4725.
End of Section
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 10
Section 2
Special Terms and Conditions
2.1 PURPOSE OF RFP
The City of Sunny Isles Beach (the "City"), a municipality located in Miami-Dade County,
Florida, is requesting proposals from qualified proposers (“Proposers”, “Bidders”, “Contractors”
or “Firms”) to complete the installation of fiber through designated pathways, primarily consisting
of existing conduit, as well as deployment of additional conduits necessary to reach designated
City facilities. All fiber routes will be installed to fall within the public right-of-way (ROW), existing
utility easements, or other property to which the City has legal access. Contractor shall be
responsible for obtaining applicable permits. The Contractor must provide signed and sealed As-
Built Plans upon completion of the project. GIS files can be obtained upon an addendum request.
This project may be supported, in whole or in part, by Federal Grant funding. On March 11, 2021,
the American Rescue Plan Act (“ARPA”) was signed into law, and established the Coronavirus State
Fiscal Recovery Fund and Coronavirus Local Fiscal Recovery Funds, which together make up the
Coronavirus State and Local Fiscal Recovery Funds (“SLFRF”) program. This program is intended
to provide support to State, territorial, local, and Tribal governments in responding to the
economic and public health impacts of COVID-19 and in their efforts to contain impacts on their
communities, residents, and businesses.
To the extent applicable, in accordance with Federal law, proposers shall comply with the clauses
as enumerated below, and attached hereto as Attachment “A”. Proposer shall adhere to all grant
conditions as set forth in the requirements of Agreement No. Y5301 which have been provided to
Proposer as Attachment “C”, along with any and all other applicable Federal Laws. Including, but
not limited to, those set forth below, as well as those listed below, which are incorporated herein
by reference:
a. 2 CFR. 25.110
b. 2 CFR Part 170 (including Appendix A), 180, 200 (including Appendixes), and 3000
c. Executive Orders 12549 and 12689
d. 41 CFR s. 60-1(a) and (d)
e. Consolidated Appropriations Act, 2021, Public Law 116-260 related to salary limitations
These cited regulations are hereby incorporated and made part of this solicitation as if fully set
forth herein. As stated above, this list is not all inclusive, any other requirement of law applicable
in accordance with the Federal, State or grant requirements are also applicable and hereby
incorporated into this solicitation. If Proposer cannot adhere to or objects to any of the applicable
federal requirements, Proposers proposal may be deemed by the City as unresponsive.
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 11
2.2 MINIMUM QUALIFICATION REQUIREMENTS (MQRS)
a. The Prime Contractor shall hold the proper license in the State of Florida to perform the
Scope of Work set forth within this solicitation to include being registered as an Electrical
Contractor with the State of Florida along with registration to conduct business in the
State of Florida in all required disciplines.
b. The Prime Contractor or sub-contractor firm and/or staff must be licensed with an FDOT
MOT certification. Provide name of FDOT MOT certificate holder.
c. Proposing Firm must have been awarded Prime Contractor or Sub-Contractor and
successfully performed two (2) projects of similar or greater size, scope and complexity
to the specifications of the RFP within the last five (5) years. Contractor must state if they
were the sub-contractor.
d. Contractor shall provide reference letters for no less than two (2) projects in which
Contractor served as Prime Contractor for projects similar in size and scope. Please note
that at least one of the references must be for the same projects in response to MQR C
above.
2.3 NON-MANDATORY VIRTUAL PRE-PROPOSAL CONFERENCE
A virtual non-mandatory pre-proposal conference is scheduled for the time and location shown
herein on THURSDAY, APRIL 14, 2022 AT 2:30 PM Eastern Time (US and Canada). It is not
mandatory that Firms attend the pre-proposal conference. No claim of ignorance by the firm of
conditions that exist, or that may hereinafter exist as a result of failure to make the necessary
examinations or investigations or failure to fulfill in every detail the requirements of the contract
documents, will be accepted as basis for varying the requirements of the City of Sunny Isles Beach.
Oral statements may not be relied upon and will not be binding or legally effective. As such an
addendum will be issued if any alterations are made to the specifications contained herein.
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2.4 TERM
This contract will commence upon execution by both parties which shall be the effective date
succeeding approval of the contract by the City Commission, or City Manager. Prior to initiating
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 12
the performance of any services under this Agreement, Contractor must receive a written Notice
to Proceed from the City Manager prior to beginning the performance of services.
The work shall be substantially completed within one-hundred and eighty (180) calendar days
from the Project initiation specified in the Notice to Proceed and within two hundred and seventy
(270) calendar days from Project initiation date specified in the Notice to Proceed. The total two
hundred and seventy (270) calendar days include weekend days and holidays.
Failure to complete all the work within the time specified above, including any extension granted
in writing by the City, shall obligate the Contractor to pay the City, as liquidated damages and not
as a penalty, an amount equal to One Hundred Dollars ($100) for each calendar day of delay in
the completion of all the work. If any liquidated damages are unpaid by the Contractor, the City
shall be entitled to deduct these unpaid liquidated damages from the monies due the Contractor.
2.6 METHOD OF AWARD
Firms will be evaluated by relevant experience, preferably with government agencies, successful
past performance, no conflicts of interest, approach to the project and whose proposal best
serves the interest of and represents the best value to the City in conformity with the criteria set.
Selection shall be by the evaluation Committee selected by the City of Sunny Isles Beach. The City
Manager may also reject all proposals received. Section 62-8 of the City Code provides that the
City may consider the following:
The ability, capacity and skill of the vendor to perform the Contract.
The character, integrity, reputation, judgment, experience and efficiency of the vendor.
The quality of performance of previous contracts with the City and references.
The previous and existing compliance by the vendor with laws and ordinances relating to
the Contract.
2.7 SUB-CONTRACTORS:
If one or more subcontractors are to be used, the subcontractor must be clearly identified and
noted in the submittal when it is submitted. The City must approve any changes in the use of
subcontractors in advance and in writing. No such approval will be construed as making the City
a party to such subcontract, or subjecting the City to liability of any kind to any subcontractor. No
subcontractor will under any circumstances relieve the Respondent of its liability and obligation
under any resulting contract. Subcontractor is subject to the same contractual conditions as is the
Respondent.
The City/City’s Representative shall promptly notify the Contractor, in writing, if either the Owner
or Engineer, after due investigation, has reasonable objections to any subcontractor on said list
and does not accept them. Failure of the Owner or Engineer to make objection to any
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 13
subcontractor on the list shall constitute acceptance of such subcontractor. After acceptance, no
subcontractor shall be changed without written approval by the Owner and Engineer.
2.8 FIRM BID PRICE
If the vendor is awarded a contract under this solicitation, the prices proposed by the vendor shall
remain fixed and firm during the term of the contract.
2.9 BID BOND
The City of Sunny Isles Beach shall require that every Bidder furnish a Bid Bond in the amount
of 10% of the total Proposal Price. A bidder shall forfeit the Security Bid Bond if the Firm refuses
or fails to execute the Agreement within fifteen (15) calendar days from the Notice to Proceed.
2.10 PERFORMANCE AND PAYMENT BOND
The City of Sunny Isles Beach shall require the successful Bidder to furnish a Performance Bond
and Payment Bond in the amount of 100% of the total Bid Price, with the City of Sunny Isles Beach
as the Obligee, as security for the faithful performance of the Contract and for the payment of all
persons performing labor or furnishing materials in connection herewith within ten (10) calendar
days after issuance of the Notice of Award by the City. The Performance and Payment Bond shall
continue in effect through the contract term. The bonds shall be with a surety company
authorized to do business in the State of Florida and having been in business with a record of
successful continuous operation for at least five (5) years.
The Performance Bond shall guarantee all work and materials furnished under the Contract
including losses resulting from defects in the materials or improper performance of Work under
the Contract that may appear or be discovered during performance of the Work or during any
applicable warranty period after completion of all Work, and for latent defects, during the time
periods set forth in section 95.11(3)(c), Florida Statutes. The Payment Bond shall stay in effect
until the time required by section 255.05, Florida Statutes, for the making of claims under such
Bond, or when all claimants submitting valid claims have been paid, whichever is later.
BONDING CAPACITY LETTER:
Provide documentation of bidder’s total and single project bonding capacity and the
name and current financial rating (A.M. Best) of the surety company utilized by your Firm
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 14
2.11 DELIVERY & PROTECTION OF MATERIAL AND EQUIPMENT
All material must be F.O.B. destination City of Sunny Isles Beach. The Contractor is solely liable
and responsible for the purchase, delivery, and installation of all materials and equipment. The
contractor will make all arrangements in regards to delivery, storage, installation, and warranty
requirements. Contractor will be solely liable for receiving, inspecting, accepting, and replacing
any damaged materials or equipment and filing any and all claim with suppliers or transporters.
Contractor is responsible for the protection of all materials and equipment from adverse weather
conditions, damage, deterioration, and theft until the Work has been accepted by the City.
All bidders shall quote prices based on furnished and installed materials. Bidder shall hold title to
the goods until such time as they are delivered to, and accepted by, an authorized City
representative.
2.12 INSURANCE
Comprehensive General Liability Insurance
General Liability for Bodily Injury & Property Damage with limits of $1,000,000 per occurrence
and $2,000,000 annual aggregate on a primary and non-contributory basis, , including the City of
Sunny Isles Beach as Additional Insured, with a Waiver of Subrogation to the City and a Hold
Harmless Agreement in accordance with City’s legal advisor to be included. Coverage must be
offered in a form no more restrictive than the latest edition of the Comprehensive General
Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and
shall specifically include the following with minimum limits not less than those required for Bodily
Injury Liability and Property Damage Liability:
• Premises and Operation;
• Independent Contractors;
• Products and/or Completed Operations Hazard;
• Broad Form Property Damage;
Broad Form Contractual Coverage applicable to this specific Contract, including
any hold harmless and/or indemnification agreement.
• Personal Injury Coverage with Employee and Contractual Exclusions removed,
with minimum limits of coverage equal to those required for Bodily Injury Liability and
Property Damage Liability.
• $3,000,000 Umbrella/Excess Liability over and above and following the above
mentioned General Liability & Commercial Automobile Liabilities.
2.12.2 Business Automobile Liability
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 15
Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00)
per occurrence combined single limit for Bodily Injury Liability and Property Damage
Liability. Coverage must be afforded on a form no more restrictive than the latest edition
of the Business Automobile Liability policy, without restrictive endorsements, as filed by
the Insurance Services Office, and must include:
• Owned Vehicles;
• Hired and Non-Owned Vehicles;
• Employers’ Non-City ship.
Before starting the Work, the Bidder will file and make sure that all certificates of
insurance required by this document and by the Contract are in the City’s possession.
These certificates shall contain a provision that the coverage afforded under the policies
will not be canceled or materially changed until at least thirty (30) days prior written
notice has been given to the City by certified mail. The City shall be named as an
additional insured on the above-referenced policies.
The Bidder agrees that if any part of the Work under the Contract is sublet, they will
require the Sub-Contractor(s) to carry insurance as required, and that they will require
the Sub-Contractor(s) to furnish to them insurance certificates similar to those required
by the City in this section.
2.12.3 Worker’s Compensation Insurance
Worker's Compensation Insurance for statutory obligations imposed by Worker's
Compensation or Occupational Disease Laws, including, where applicable, the United States
Longshoremen's and Harbor Worker's Act, the Federal Employers’ Liability Act and the
Homes Act. 4. Workers’ Compensation in accordance with Florida Statute, including
Employer’s Liability of $1,000,000. Bidder agrees to be responsible for the employment,
conduct and control of its employees and for any injury sustained by such employees in the
course of their employment
2.12.4 Builder’s Risk Insurance – Coverage shall be “All Risk” coverage for one hundred percent
(100%) of the completed value of the structure(s), building(s) or addition(s). Where contract
calls for install of machinery or equipment, the policy must be endorsed to provide coverage
on “All Risk” basis during transit and installation. The policy must be issued with a deductible
of not more than $50,000 per claim.
2.12. Cancellation and Re-Insurance
It shall be the responsibility of the bidder and insurer to notify the City Manager of the City
of Sunny Isles Beach of cancellation, lapse, or material modification of any insurance policies
insuring the Proposers, which relate to the activities of such vendor and the City of Sunny
Isles Beach. Such notification shall be in writing, and shall be submitted to the City finance
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 16
support service director thirty (30) days prior to cancellation of such policies. This
requirement shall be reflected on the certificate of insurance. Failure to fully and
satisfactorily comply with the city's insurance and bonding requirements set forth herein will
authorize the City Manager to implement a rescission of the Bid award without further City
Commission action.
NOTE: THE CITY OF SUNNY ISLES BEACH, CONTRACT NUMBER AND TITLE MUST APPEAR ON
EACH CERTIFICATE OF INSURANCE. THE CITY OF SUNNY ISLES BEACH MUST BE SHOWN AS AN
ADDITIONAL INSURED WITH RESPECT TO THIS COVERAGE.
2.13 MONTHLY MILESTONE PAYMENTS
Each invoice or payment application must be accompanied by all supporting documentation and
other information reasonably requested by City, including, but not limited to a Partial Release of
Lien or Final Release of Lien as appropriate in the forms set forth in Chapter 713.20, Florida
Statutes. Reference herein to Chapter 713, Florida Statutes is for convenience, and shall not be
construed as a waiver of sovereign immunity or authority for imposition of liens against public
property. Cut-off date is the close of the last business day of the month. Vendor shall submit by
the 10th day of the following month vendor's completed Statement of Services/Invoice. Should
the 10th fall on a weekend or holiday, Contractor shall submit his application on the next workday.
Standard AIA G 702/703 format will be utilized for billing.
Contractor is advised that processing of invoices must follow this schedule, as the City has funding
requirements and other payment obligations which may prevent payment of late Statement of
Services for that month’s billing cycle. A late Statement of Services with a recommendation for
payment will be paid in the next month’s billing cycle.
2.14 COMPLIANCE WITH FEDERAL STANDARDS
All items to be purchased under this contract shall be in accordance with all governmental
standards, to include, but not be limited to, those issued by the Occupational Safety and
Health Administration (OSHA), the National Institute of Occupational Safety Hazards (NIOSH),
and the National Fire Protection Association (NFPA).
2.15 SAMPLES MAY BE REQUIRED DURING EVALUATION
After the City opens the proposals, firms may be required to submit a representative sample for
the goods to be supplied for evaluation by, and at no cost to the City.
On the basis of this analysis, the City shall be sole judge of the acceptability of the sample in
conformance with the bid specifications and its decision shall be final. Any sample submitted
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 17
shall create an express warranty that the whole of the goods and/or services to be provided by
the bidder during the contract period shall conform to the sample submitted. The bidder
shall be required to provide adequate restitution to the City, in the manner prescribed by
the City, if this warranty is violated during the term of the contract.
2.16 CORRECTION OR REMOVAL OF DEFECTIVE WORK
If required by City, Contractor shall promptly, as directed and at its sole expense, either correct
all defective Work, whether or not fabricated, installed or completed, or, if the Work has been
rejected by City, remove it from the site and replace it with non-defective Work. Contractor shall
bear all direct, indirect and consequential costs of such correction or removal (including but not
limited to fees and charges of engineers, architects, attorneys and other professionals) made
necessary thereby.
2.17 CHANGE ORDER
The Contract may only be changed by a Change Order approved by the City. Any
increase or decrease in the Contract Price or adjustment in the Contract Time shall be based
on written notice by the Contractor delivered promptly to the City (but in no event later than
seven (7) days) after the acknowledgement or occurrence of the event giving rise to the claim
and stating the general nature of the claim. Within fourteen (14) days thereafter, notice of the
amount of the claim with all supporting data shall cover all amounts (direct, indirect and
consequential) to which the claimant is entitled as a result of the occurrence of said event. All
claims for adjustment in the Contract Price or Contract Time shall be determined by the City.
The value of any Work covered by a Change Order or of any claim for an increase or
decrease in the Contract Price or Contract Time shall be determined by: 1) mutual
acceptance of a lump sum (which may include an allowance for overhead and profit) or 2) by
application of unit prices contained in the Contract Documents to the quantities of the items
involved. The City shall decide, in its sole discretion, whether to issue and agree to a Change
Order, and verbal representations or instructions may not be relied upon by the Contractor.
2.18 DISCREPANCIES
Should a Bidder find discrepancies or ambiguities in, or omissions from, the Drawings or
Specifications, or should they be in doubt as to their meaning, they shall at once notify the
City in writing.
2.19 DAMAGE TO PUBLIC OR PRIVATE PROPERTY
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 18
If property (public or private) is damaged while contractor is performing work specified or is
removed for the convenience of the work, it shall be repaired or replaced at the expense of the
contractor in a manner acceptable to the City prior to the final acceptance of the work. Contractor
will be responsible for applying and securing any permits that may be required to complete such
repairs. Such property shall include but not be limited to: existing facilities and all of its
components, site amenities, concrete and/or asphalt surfaces, vehicles, structures, sidewalks,
curbs and gutters, driveways, utilities, etc. Contractor must provide protection necessary to
prevent damage to property being repaired or replaced. If the work site has any pre-existing
damage, the Contractor shall notify the Public Works/Capital Projects Department in writing.
Failure to do so shall obligate the contractor to make repairs per the above section.
2.20 UTILITY
It shall be the responsibility of the Contractor to contact all affected utility owners and determine
the precise locations of all utilities prior to beginning construction. Utility owners shall be
contacted a minimum of 72 hours prior to the commencement of operations. Special care shall
be used in working around or near existing utilities, protecting them when necessary to provide
uninterrupted service. In the event that any utility service is interrupted, the Contractor shall
notify the utility owner immediately and shall cooperate with the owner, or his representative, in
the restoration of service in the shortest time possible. Existing fire hydrants shall be kept
accessible to fire departments at all times.
2.21 FINAL CLEAN-UP
The Contractor shall at all times keep the premises free from accumulation of waste materials or
rubbish caused by his employees or the Work. Upon final completion of the Work and before
acceptance and final payment shall be made, the Contractor shall clean and remove from the site
and adjacent property, all surplus and discarded materials, rubbish, and temporary structures.
The Contractor shall restore in an acceptable manner all property which, has been damaged
during the execution of the work. The Contractor shall leave the site and vicinity unobstructed in
a neat and presentable condition throughout the entire area.
2.22 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.
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 19
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.e-
verify.gov/employers/enrolling-in-e-verify) and follow the instructions. The contractor must, as
usual, retain the I-9 Forms for inspection.
2.23 VALUE ENGINEERING
The City is open to any meaningful value engineering that would reduce the overall cost without
compromising the integrity. Any innovative idea shall be included in the bid proposal.
2.24 ADDITION OF FUTURE FACILTIES
The City may require the addition of services to the contract if the requirements and needs of
the City change. This may entail additions of services required at locations not referenced in the
plans/specifications. Upon the City’s request, the Contractor shall provide the City with a cost
for the additional locations and/or services based upon the unit price found in the Price Sheet-
Attachment D.
2.25 POLYSTYRENE (STYROFOAM) ADMINISTRATIVE POLICY
City Ordinance 2021-564 (“Polystyrene Ordinance”) prohibits individuals and temporary vendors
who are located on or operating on City Property or a City Facility, as defined therein, from
carrying or using expanded polystyrene food service articles. In accordance with City’s Polystyrene
Ordinance, City contractors or vendors shall not carry or use any products that violate the City’s
prohibition against carrying or use of expanded polystyrene food service articles while utilizing
the City’s Facility. It shall be the sole responsibility of the awarded contractor to ensure
compliance with the City’s Polystyrene Ordinance.
Moreover, the City of Sunny Isles Beach Sustainable Procurement Policy was approved by the City
Commission during the June 17, 2021 Commission Meeting via R2021-3208. The Policy is to
preserve and enhance the health and quality of the environment in Sunny Isles Beach by
restricting the use of City funds by City employees, contractors and/or vendors to purchase
expanded polystyrene (plates, bowls, cups, containers, lids, trays, coolers, ice chests, single-use
plastic beverage straws and all similar articles) for use or sale on City property or City facilities.
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 20
Under the policy, City funds may not be expended to purchase Styrofoam food services articles
for use or sale in City facilities or on City property. This includes funds used by City employees or
used to pay City Contractors or vendors. Styrofoam food service articles will no longer be
permitted to be sold or used in City facilities or on City properties by contractors or vendors that
are paid with City funds. A violation of this section shall be deemed a default under the terms of
the City contract, lease or concession agreement and is grounds for revocation of a special event
permit. Click here to access more information on the City’s Ecommitted campaign.
2.26 PLASTIC BEVERAGE STAWS PROHIBITED
Beginning January 2, 2020 no Beverage Provider or Food Provider within the municipal boundaries
of the City shall sell, distribute, or provide Plastic Beverage Straws to customers who have
purchased a ready to drink beverage for consumption on or off the premises. This prohibition
shall not apply to: (1) Pre-packaged drinks sold at commercial establishments where Plastic
Beverage Straws have been attached to or sealed with a Beverage container by the manufacturer.
(2) Use by medical or dental facilities. (3) Use by the School District or county, state or federal
governmental entities. (4) Use during a locally declared emergency. (5) Use by individuals with a
disability or other impairment requiring use of a Plastic Beverage Straw.
2.27 PUBLIC RECORDS LAW
The City is subject to Chapter 119, Florida Statutes, “Public Records Law.” No claim of
confidentiality or proprietary information in all or any portion of a response will be honored unless
a specific exemption from the Public Law exists and is cited in the response. An incorrectly claimed
exemption does not disqualify the firm, only the exemption claimed. Contractor acknowledges
the public shall have access at all reasonable times, to all documents and information pertaining
to City’s contracts, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow
access by the City and the public to all documents subject to disclosures under applicable law. To
the extent that Contractor has been provided access to or has received security sensitive
information, as defined by Florida Statutes, Section 119.071 and/or has executed a Confidential
Information Acknowledgement and Agreement as part of the ITB process, Contractor shall keep
and maintain the security sensitive information as confidential and exempt from public
disclosures as required by Florida Statutes.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 21
SUCCESSFUL PROPOSER’S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT CITY OF SUNNY ISLES
BEACH 18070 COLLINS AVENUE, SUNNY ISLES BEACH, FL
33160. THE CITY CLERK’S OFFICE MAY BE CONTACTED BY
PHONE AT (305) 792-1703 OR VIA EMAIL AT
MBetancur@sibfl.net.
END OF SECTION
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 22
SECTION 3
SCOPE OF SERVICES / TECHNICAL SPECIFICATIONS
1. PURPOSE
The purpose of this document is to describe the guidelines and methods by which the physical
components for the City of Sunny Isles fiber networks will be designed and installed. Completed
construction projects will follow the guidelines and principles outlined in this document, in addition to
local rules, regulations, and specifications as they apply. Contractors will adhere to industry standard
quality installation principles and provide quality installation services to ensure that the most reliable and
cost-effective network is built.
All fiber routes will be installed to fall within public right-of-way (ROW), existing utility easements, or
other property to which the City has legal access.
Any changes to this document will be provided in writing and a revised version will be disseminated to all
stakeholders upon approval. Revisions to the specifics be tracked using the chart below.
Issue Revision Date Change Description Authors
20210803
8/03/21
Original
MAGELLAN ADVISORS,
LLC
John Williams
2. General Guidelines
These guidelines identify and define the City of Sunny Isles’s requirements and policies for designing and
installing broadband infrastructure and substructure for the City. Use of, and compliance with these
guidelines is mandatory for architects, engineers, and installation contractors including all subcontractors
working on City of Sunny Isles’s Network Infrastructure upgrades, moves, maintenance and restoration
projects.
The City Infrastructure Standards are based upon the code requirements and telecommunications
industry standards contained in the following guidelines. These guidelines will not duplicate the
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 23
information contained in those references, except where necessary to provide guidance, clarification or
direction. Installers shall use sound judgement in order to comply with the requirements of the codes and
standards in references and standards.
2.2 Laws and Regulations
Installation contractor including all subcontractors shall follow all Federal, State, and local laws and regulations for the installation and maintenance in which the contractor has been hired to perform.
2.3 Materials
The Contractor will be responsible for providing materials necessary to complete all work described in the
work order to deliver a complete and working system. Contractor shall provide cut sheets with material
specifications to the City for all materials for approval prior to ordering.
2.4 Permitting
Contractor shall always have a copy of approved permit and associated plans on the jobsite. The City will
provide copies of approved permits to the Contractor prior to any installation work proceeding. It is the
Contractor’s responsibility to coordinate notice of commencement, and coordinate with the permitting
authority having jurisdiction on any requirements given as a conditional approval of the permitting.
All fiber-optic network systems shall meet or exceed the latest requirements of all national, state,
county, municipal, and other authorities exercising jurisdiction over the telecommunications systems
and the Project.
Contractor agrees to furnish any additional labor or material required to comply with all local and other
agencies having jurisdiction at no additional cost.
Contractor shall obtain certificates of inspection and approval from all authorities having jurisdiction,
and forward copies of the same to the City prior to request for Project acceptance inspections, final
completion inspections, substantial completion inspections, and acceptance testing/demonstrations.
All required permits and inspection certificates shall be made available at the completion of the fiber-
optic system installation and commissioning.
Any portion of the fiber network which is not subject to the requirements of an electric code published
by a specific authority having jurisdiction shall be governed by the National Electrical Code and other
applicable sections of the National Fire Code, as published by the National Fire Protection Association
(NFPA).
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 24
Installation procedures, methods and conditions shall comply with the latest requirements of the
Federal Occupational Safety and Health Administration (OSHA).
2.5 Traffic Control
It is the responsibility of the Contractor to provide adequate temporary traffic control to ensure traffic
safety during construction activities. Therefore, the Contractor shall submit a traffic control plan to the
appropriate public works department and have the plan approved prior to starting any work in the right-
of-way.
2.6 Warranties
The Contractor shall guarantee the entire work constructed by him under the contract to be free of defects
in materials and workmanship for a period of one year following the date of acceptance of the work by
the City. The Contractor shall agree to make, at his own expense, any repairs or replacements made
necessary by defects in materials or workmanship, which become evident within the warranty period.
The Contractor shall further agree to indemnify and save harmless the City and Engineer, and their
officers, agents and employees, against and from all claims and liability arising from damage and injury
due to said defects. The Contractor shall make all repairs and replacements promptly upon receipt of
written order from the Engineer. If the Contractor fails to make the repairs and replacements promptly,
the City may do the work and the Contractor, and his surety shall be liable to the City for the cost of the
work.
Manufacturers' warranties, guarantees, instruction sheets and parts lists, which are furnished with certain articles of materials incorporated in the work, shall be delivered to the Engineer before acceptance of the contracts.
2.7 Change orders
No change orders will be paid for unless preapproved by the City. Any deviations or discrepancies in the
plans or field conditions that result in a change of installed billable quantities shall be submitted for
approval prior to commencement of work.
2.8 Restoration
All work performed under the responsibility of the Contractor shall include full restoration of any
disturbed area to like new condition. This includes, but is not limited to; asphalt, concrete, pavers,
earthwork, compaction requirements, sod, plants, trees, landscaping, signage, irrigation systems, and all
existing utilities.
All work and materials within the FDOT Right-of-Way shall be in accordance with the Florida Road and
Bridge Standards, latest edition.
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 25
2.9 Testing
All systems shall be tested as defined within this document to include, conduit proofing, cabling continuity
and splice loss, compaction of disturbed earth, and any additional requirements set forth as a conditional
approval of permitting or as directed by permitting authority and the City of Sunny Isles.
2.10 Craftsmanship
All work, which is defective in its construction or deficient in any of the requirements of the plans and
specifications, shall be remedied or removed and replaced by the Contractor in an acceptable manner at
his own expense. No compensation will be allowed for any work done beyond the lines and grades shown
on the plans or established by the Engineer. Upon failure on the part of the Contractor to comply with
any order of the Engineer made under the provisions of this article, the Engineer and City may cause the
defective work to be remedied or removed and replaced at the expense of the Contractor.
Any unauthorized or defective work, defective material or workmanship or any unfaithful or imperfect work that may be discovered before final acceptance of work by the board shall be corrected immediately with no extra charge even though it may have been overlooked in previous inspections and estimates or may have been caused due to failure to inspect the work.
All cable and equipment shall be installed in a neat and workmanlike manner. All methods of
construction that are not specifically described or indicated in the contract documents shall be subject
to the control and approval of the Owner.
Equipment and materials shall be of the quality and manufacture indicated. The equipment specified is
based upon the acceptable manufacturers listed. Where “approved equal” is stated or a substitution is
requested, equipment shall be equivalent in every way to that of the equipment specified. All
substitutions are subject to the control and approval of the owner or the owner representative.
Strictly adhere to all Telecommunications Industry Association (TIA) and BICSI recommended installation
practices and manufacturer’s guidelines when installing communications components.
2.11 Safety
Payment for performing all work necessary to provide safety measures or compliance with the provisions of the safety orders and all other laws, ordinances, and regulations shall be included in Contractor’s pricing.
The Contractor shall be responsible for providing adequate safeguards, safety devices, protective
equipment, confined space protections, flaggers, and any other needed actions to protect the life, health,
and safety of the public and to protect property in connection with the performance of work covered by
the contract. Any work within the traveled right-of-way that may interrupt normal traffic flow shall require
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 26
a traffic control plan approved by FDOT, and the County or City public works. All sections of the FDOT
Standard Specifications, Traffic Control, and the Manual of Uniform Traffic Control Devices (MUTCD) shall
apply.
2.12 Protection of Public
Whenever the construction occurs within a developed residential area and/or through a school site, the Contractor shall take all necessary precautions to protect the public, especially children, from the hazards of open excavations. Trenches shall either be covered or adequately fenced at night and on weekends or whenever operations are not in actual process.
Unusual conditions may arise on the project, which will require that immediate and unusual provision be made to protect the public from danger or loss or damage to life and property, due directly or indirectly to the progression of the work. It is part of the service required of the Contractor to make such provisions and to furnish such protection.
The Contractor shall use such foresight and shall take such steps and precautions as the operations make necessary to protect the public from danger or damage, or loss of life or property, which would result from the interruption or contamination of public water supply, irrigation or other public service or from the failure of partly completed work.
Whenever, in the opinion of the City, an emergency exists against which the Contractor has not taken sufficient precaution for the safety of the public or the protection of utilities or of adjacent structures or property or if immediate action shall be considered necessary in order to protect public or private personnel or property interest, or prevent likely loss of human life or damage on account of the operations under the contract, then and in that event the City may provide suitable protection to said interest by causing such work to be done and material to be furnished, as, in the opinion of the City may seem reasonable and necessary.
The cost and expense of said labor and material together with the cost and expense of such repairs as may be deemed necessary shall be borne by the Contractor, and if he shall not pay said cost and expense upon presentation of the bills therefore, duly certified by the Engineer, then said costs and expense will be paid by the City and shall thereafter be deducted from any amounts due, or which may become due said Contractor. Failure of the City, however, to take such precautionary measure, shall not relieve the Contractor of his full responsibility for public safety.
2.13 Storage of Equipment and Materials in Public Streets
Construction materials shall not be stored in streets, roads, or highways for more than five days after unloading. All materials or equipment not installed or used in construction within five days after unloading, shall be stored elsewhere by the Contractor at their expense unless authorized additional storage time.
Construction equipment shall not be stored at the work site before its actual use on the work or for more than five days after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer.
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 27
Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets unless otherwise permitted. After placing backfill, all excess material shall be removed immediately from the site.
The foregoing provisions are in addition to and not in limitation of any other rights or remedies available to the City.
2.14 Discrepancies
If a discrepancy or inconsistency is discovered in the plans, drawings, specifications or contract for the work in relation to any such law, ordinance, regulation, order or decree, the Contractor shall forthwith report the same to the Engineer in writing.
3. Fiber-Optic Cable
3.1 General Guidelines
All cable, unless specifically called out, for shall be single-mode cable, rated for the environment in which
it is installed. Installations shall be OSP rated dielectric.
• Pre-Approved Product Sets The following product sets are pre-approved for this project. Except as
noted, all others will require a substitution request to be completed and approved as per these
documents. Sunny Isles will not consider product sets that have not been pre- approved or
accepted as per the substitution request process.
• Fiber-optic cable and connection/termination products shall be manufactured by one of the
following:
1. Optical Cable Corporation
2. Corning
3. CommScope
4. OFS
5. Or approved alternate
3.2 Fiber Optic Cable
All cables shall be loose tube or ribbon fiber. If ribbon fiber is to be used it shall be approved by the
engineer before ordering.
3.3 Bend Radius
The main risk of damage to the fiber-optic cable is by overlooking the minimum-bend radius. It is
important to know that the damage occurs more easily when the cable is bent under tension, so when
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 28
the installation is in process be sure to allow for at least the minimum-bend radius. The number of 90-
degree turns on a pull shall not exceed four (4).
3.4 Reel Placement
Have the reel set adjacent to the hand hole and use a fiber-optic manhole pulling block assembly from
Sherman & Reilly (or similar).
3.5 Cable Slack
Coil a minimum of 50 feet of cable at each hand hole location.
3.6 Cable Tags
All cables shall be tagged and labeled at each splice location, fiber termination panel and building
entrance. Tags shall read cable size, count and origin.
3.7 Strength
The fibers in the cable will shatter under considerable impact, pressure or if pulling tensions exceed 600
lb., although not apparent from the outside of the cable. With fiber-optic cable the jacket of the cable
and the Kevlar layer directly beneath give the cable its strength, note and repair all nicks and cuts.
3.8 Installation
During installation, use a swivel eye for pulling the fiber-optic cable and conduit system including use of
a 600 lb. breakaway.
3.9 Precautions
Review the manufacturer's installation instructions prior to commencing with the installation. If any
questions arise during installation, refer to the manufacturer's installation instructions or notify the
project Engineer.
All fibers in the cables shall be usable fibers and shall be free of surface imperfections and occlusions, in
order to meet or exceed all the optical, mechanical, and environmental requirements contained in this
specification.
All cables shall be free of material or manufacturing defects and dimensional non-uniformity that would:
• Interfere with the cable installation employing accepted cable installation practices.
• Degrade the transmission performance and environmental resistance after installation.
• Inhibit proper connection to interfacing elements.
• Otherwise yield an inferior product.
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 29
• Each fiber optic outside plant cable for this project shall be all-dielectric, dry water-blocking material,
duct type, with loose buffer tubes, and shall conform to these special conditions.
Fiber-optic cables shall be supplied in the configurations shown on the plans and specified in these special
conditions.
The optical fibers shall be contained within buffer tubes. The buffer tubes shall be stranded around an
all-dielectric central member. Aramid yarn and/or fiberglass shall be used as a primary strength member
and a medium or high-density polyethylene outside jacket shall provide for overall protection.
All fiber-optic cable on this project shall be from the same manufacturer who is regularly engaged in the
production of optical fiber material.
The cable shall be qualified as compliant with Chapter XVII, of Title 7, Part 1755.900 of the Code of Federal
Regulations, “REA Specification for Filled Fiber Optic Cables.”
3.10 Cable Marking
The optical fiber cable outer jacket shall be marked with manufacturer's name, the month and year of
manufacture, the words "Optical Cable," telecommunications handset symbol as required by Section
350G of the National Electrical Safety Code (NESC®), fiber count, fiber type and sequential meter marks.
The markings shall be repeated every two feet. The actual length of the cable shall be within -0/+1% of
the length marking. The marking shall be in a contrasting color to the cable jacket. The marking shall be
approximately –0/+1% of the actual length of the cable in height and must be permanent and
weatherproof.
The fiber-optic cable shall consist of, but not be limited to, the following components:
Single-mode optical fiber
Buffer tubes
Central member
Filler rods (as needed per cable type)
Stranding
Dry-filled, water blocking tape and water blocking yarn
Tensile strength member
Ripcord
Outer jacket
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 30
3.11 Single-Mode Optical Fiber
Each optical fiber shall be glass and consist of a doped silica core surrounded by concentric silica cladding.
All fibers in the buffer tube shall be usable fibers and shall be sufficiently free of surface imperfections
and occlusions to meet the optical, mechanical, and environmental requirements of these specifications.
The coating shall be a dual layered, UV cured acrylate. The coating shall be mechanically or chemically
strippable without damaging the fiber.
3.12 Buffer Tubes
The loose buffer tubes shall be single or dual layered in construction. For single layer, use polypropylene.
For dual layer, the inner layer shall be made of polycarbonate and the outer layer shall be made of
polyester. Buffer tubes shall provide clearance between the fibers and the inside of the tube to allow for
expansion without constraining the fiber. The fibers shall be loose or suspended within the tubes and shall
not adhere to the inside of the tube. Each buffer tube shall contain 12 fibers based upon the total fiber
count in the cable and the fiber assignment table as shown on the plans and these special conditions. No
individual fiber tube shall contain more than 12 fibers. The number of buffer tubes for the fiber-optic
cable shall be approved by the Engineer before ordering.
The loose buffer tubes shall be extruded from a material having a coefficient of friction sufficiently low to
allow free movement of the fibers. The material shall be tough and abrasion resistant to provide
mechanical and environmental protection of the fibers yet designed to permit safe intentional "scoring"
and breakout, without damaging or degrading the internal fibers.
Buffer tube filling compound shall be a homogenous, hydrocarbon-based gel with anti-oxidant additives.
It shall be used to prevent water intrusion and migration. The filling compound shall be non-toxic and
dermatologically safe to exposed skin. It shall be chemically and mechanically compatible with all cable
components, non-nutritive to fungus, non-hygroscopic and electrically non-conductive. The filling
compound shall be free from dirt and foreign matter and shall be readily removable with conventional,
nontoxic, solvents.
Buffer tubes shall be stranded around a central member by a method such as the reverse oscillation
stranding process that will prevent stress on the fibers when the cable jacket is placed under strain.
Each buffer tube shall be distinguishable from other buffer tubes in the cable by using the same color
coding as specified for fibers elsewhere in this document.
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3.13 Central Member
The central member, which functions as an anti-buckling element, shall be a glass reinforced plastic rod
with similar expansion and contraction characteristics as the optical fibers and buffer tubes. To provide
the proper spacing between buffer tubes during stranding, a symmetrical, linear, overcoat of polyethylene
may be applied to the central member to achieve the optimum diameter.
3.14 Filler rods
Fillers may be included in the cable cross-section. Filler rods shall be solid medium or high-density
polyethylene. The diameter of filler rods shall be the same as the outer diameter of the buffer tubes.
3.15 Stranding
The buffer tubes shall be helically wrapped using the reverse lay stranding process around the central
member in order to decouple the buffer tubes and optical fibers from the mechanical forces experienced
during installation.
Completed buffer tubes shall be stranded around the central member using stranding methods, lay
lengths, and positioning such that the cable shall meet mechanical, environmental, and performance
specifications. A polyester binding shall be applied over the stranded buffer tubes to hold them in place.
Binders shall be applied with sufficient tension to secure the buffer tubes to the central member without
crushing the buffer tubes. The binders shall be non-hygroscopic, non-wicking, and dielectric with low
shrinkage.
3.16 Core and Cable Water-Block Material
The cable core shall use a dry, water-blocking material to block the ingress and migration of water. The
water-blocking performance shall be equivalent to flooded optical cables when tested in accordance with
industry standards (ICEA, RUS). Dry, water-blocking material is used in optical cables to enhance the ease
of handleability while maintaining reliable water-blocking performance.
3.17 Tensile Strength Member
Tensile strength shall be provided by high tensile strength Aramid yarns and/or fiberglass which shall be
helically stranded evenly around the cable core and shall not adhere to other cable components.
3.18 Ripcord
The cable shall contain at least one ripcord under the jacket for easy sheath removal.
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 32
3.19 Outer Jacket
The all-dielectric cables (no armoring) shall be sheathed with medium or high-density polyethylene. The
minimum nominal jacket thickness shall be 1.4 mm. Jacketing material shall be applied directly over the
tensile strength members and shall not adhere to the Aramid strength material. The polyethylene shall
contain carbon black to provide ultra-violet light protection, and it shall not promote the growth of fungus.
The jacket shall be free of holes, splits and blisters. The cable jacket shall contain no metal elements and
shall be of a consistent thickness.
The jacket or sheath shall be marked with the manufacturer's name, the words "Optical Cable", the
number of fibers, fiber type, month and year of manufacture, and sequential measurement markings
every meter. The actual length of the cable shall be within ±1 percent of the length marking. The marking
shall be in a contrasting color to the cable jacket. The print height of the marking shall be approximately
2.5 mm and must be permanent and weatherproof. The cable shall contain at least one ripcord under the
sheath for easy sheath removal.
3.20 Quality Assurance
The manufacturer(s) of supplied optical cable, optical cable assemblies and hardware shall be TL 9000
registered.
3.21 Fiber Characteristics
One hundred percent (100%) of the optical fibers shall meet or exceed the requirements contained in this
specification.
The cable shall be tested in accordance with TIA/EIA-455-3A (FOTP-3), "Procedure to Measure
Temperature Cycling Effects on Optical Fiber, Optical Cable, and Other Passive Fiber-Optic Components."
The average change in attenuation at extreme operational temperatures (-40°C to +70°C) will not exceed
0.05 dB/km at 1550 nm. The magnitude of the maximum attenuation change of each individual fiber will
not be greater than 0.15 dB/km at 1550 nm. This figure includes an allowance of up to 0.05 dB/km for
measurement repeatability. All fibers within the finished cable shall be composed primarily of silica and
shall have a matched clad index of refraction profile as well as the physical and performance
characteristics that shall meet the requirements in the following table:
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 33
Table 1 – Field Characteristics
Parameters Value
Mode Single
Type Corning SMF-28 or approved equal
Core diameter 8.3 µm (nominal)
Cladding diameter 125 µm ± 1.0 µm
Core to Cladding Offset ≤ 0.8 µm
Coating Diameter 245 µm ±10 µm
Cladding Non-circularity defined as: [1- (min. cladding dia ÷
max. cladding dia.)]x100
≤ 1.0%
Proof/Tensile Test 100 kpsi, min.
Attenuation:
@ 1310 nm ≤ 0.4 dB/km
@ 1550 nm ≤ 0.3 dB/km
Attenuation Uniformity No point discontinuity greater than 0.1 dB at either
1300 nm or 1550 nm
Attenuation at the Water Peak ≤ 2.1 dB/km @ 1383 ±3 nm
Attenuation at Extreme Operational Temperatures ≤ +0.05 dB @ 1310 nm or 1550 nm
Chromatic Dispersion:
Zero Dispersion Wavelength (λо) 1301.5 < λо ≤ 1321.5 nm
Zero Dispersion Slope ≤ 0.092 spy/(nm2•km)
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 34
Parameters Value
Maximum Dispersion: ≤ 3.5 peso/(nm•km) for 1285 - 1330 nm
≤ 18 spy/(nm•km) for 1550 nm
Cut-Off Wavelength <1260 nm
Mode Field Diameter (Petermann II) 9.3 ± 0.5 µm at 1310 nm
10.5 ± 1.0 µm at 1550 nm
3.22 Color Coding
Optical fibers shall be distinguishable from others in the same buffer tube by means of color-coding
according to the following:
1. Blue (BL) 7. Red (RD)
2. Orange (OR) 8. Black (BK)
3. Green (GR) 9. Yellow (YL)
4. Brown (BR) 10. Violet (VL)
5. Slate (SL) 11. Rose (RS)
6. White (WT) 12. Aqua (AQ)
The colors shall be targeted in accordance with the Munsell color shades and shall meet TIA/EIA-598B
"Color Coding of Fiber Optic Cables" and RUS 7 CFR 1755.900.
The color formulation shall be compatible with the fiber coating and the buffer tube filling compound and
be heat stable. It shall not fade or smear or be susceptible to migration, it shall not affect the transmission
characteristics of the optical fibers and shall not cause fibers to stick together.
3.23 General Cable Performance Specifications
The fiber-optic cable shall withstand water penetration when tested with a one-meter static head or
equivalent continuous pressure applied at one end of a one-meter length of filled cable for one hour, no
water shall leak through the open cable end. Testing shall be done in accordance with TIA/EIA-455-82
(FOTP-82), "Fluid Penetration Test for Fluid-Blocked Fiber Optic Cable."
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 35
The cable shall exhibit no flow (drip or leak) for 24 hours at 80°C. The weight of any compound that drips
from the sample shall be less than 0.05 grams (0.002 ounce). A representative sample of cable shall be
tested in accordance with TIA/EIA-455-81B (FOTP-81), "Compound Flow [Drip] Test for Filled Fiber Optic
Cable". The test sample shall be prepared in accordance with method A.
Crush resistance of the finished fiber-optic cables shall be 220 N/cm applied uniformly over the length of
the cable without showing evidence of cracking or splitting when tested in accordance with TIA/EIA-455-
41 (FOTP-41), "Compressive Loading Resistance of Fiber Optic Cables." The 220 N/cm (125 lbf/in) load
shall be applied at a rate of 2.5 mm (0.1 in) per minute. The load shall be maintained for a period of 1
minute. The load shall then be decreased to 110 N/cm (63 lbf/in). Alternatively, it is acceptable to remove
the 220 N/cm (125 lbf/in) load entirely and apply the 110 N/cm (63 lbf/in) load within five minutes at a
rate of 2.5 mm (0.1 in) per minute. The 110 N/cm (63 lbf/in) load shall be maintained for a period of 10
minutes. Attenuation measurements shall be performed before release of the 110 N/cm (63 lbf/in) load.
The change in attenuation shall not exceed 0.4 dB during loading at 1550 nm for single-mode fibers and
1.0 dB during loading at 1300 nm for multimode fiber. The repeatability of the measurement system is
typically 0.05 dB or less. No fibers shall exhibit a measurable change in attenuation after load removal.
The cable shall withstand 25 cycles of mechanical flexing at a rate of 30 ±1 cycles/minute with a sheave
diameter not greater than 20 times the cable diameter. The cable shall be tested in accordance with Test
Conditions I and III of TIA/EIA-455-104A (FOTP-104), “Fiber Optic Cable Cyclic Flexing Test.” The
magnitude of the attenuation change will be within the repeatability of the measurement system for 90%
of the test fibers. The remaining 10% of the fibers will not experience an attenuation change greater than
0.1 dB at 1550 nm. The repeatability of the measurement system is typically ± 0.05 dB or less. The cable
jacket will exhibit no cracking or splitting when observed under 5X magnification.
Impact testing shall be conducted in accordance with TIA/EIA-455-25B (FOTP-25) "Repeated Impact
Testing of Fiber Optic Cables and Cable Assemblies." The cable shall withstand 20 impact cycles. The
magnitude of the attenuation change will be within the repeatability of the measurement system for 90%
of the test fibers. The remaining 10% of the fibers will not experience an attenuation change greater than
0.1 dB at 1550 nm. The repeatability of the measurement system is typically ± 0.05 dB or less. The cable
jacket will not exhibit evidence of cracking or splitting at the completion of the test.
Using a maximum mandrel and sheave diameter of 560 mm, the finished cable shall withstand a
longitudinal tensile load of 2700 N (608 lbs.) applied for one hour (using "Test Condition II" of the test
plan). The test shall be conducted in accordance with TIA/EIA-455-33 (FOTP-33), "Fiber Optic Cable Tensile
Loading and Bending Test." The measured fiber tensile strain shall be < 60% of the fiber proof strain. The
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 36
cable will not experience a measurable increase in attenuation when subjected to the rated residual
tensile load, 890 N (200 lbf). The repeatability of the measurement system is typically ± 0.05 dB or less.
The cable shall be capable of withstanding a bending radius of 15 times the cable diameter under tensile
loading and 10 times the cable diameter under a no-load condition
4. Splicing
4.1 General Guidelines
This section describes minimum requirements for splicing and connecting of the specified optical fiber
cables.
Fiber-optic cable shall be installed without splices except where specifically allowed on the plans or
described in these special conditions. The single-mode fiber-optic cables used for distribution shall be
spliced in pull boxes as shown on the plans or at aerial slack locations as shown on drawings. When
splicing into a distribution cable, only those fibers associated with the count transferring onto the
distribution cable shall be severed. All other fibers shall remain intact. The Engineer may allow additional
splices between these specified locations.
At no point shall cables be severed out of the convenience of the installation contractor. Splices shall only
be performed at planned locations. Any situation where this can be accomplished shall be pre-approved
prior to adding any additional splices to the network.
4.2 Labeling
All splice cases, trays and fiber termination panels shall be properly labeled as to identify cable size, fiber
count and routing of each fiber strand.
4.3 Splicing
Optical fibers shall be spliced using the fusion splice method and the insertion loss shall not exceed 0.20
dB of loss per splice when tested using a bi-directional average.
All closures shall include all necessary hardware items to support the cable adjacent to the closure and
to terminate the lashing wire (if aerial). The fiber organizer trays shall be supplied as part of the Splice
Case Closure.
Cable closures shall be installed in accordance with the manufacturer’s instructions. Splicing shall be
performed in accordance with RUS Splicing Standard Bulletin 1753F-401 (PC-2).
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 37
Field splicing is permitted for the following:
Connection of cable reel sections.
Connection of a mainline service distribution cable to a service drop cable or a breakout cable.
Connection of service drop cable or breakout cable to an optical fiber pigtail at cabinets or the patch
panels.
Connection of the backbone cable to an optical fiber pigtail at a hub patch panel.
The Contractor shall not exceed the maximum number of field splices permitted as shown in the plans.
Completed splices shall be placed in a splice tray. The splice tray shall then be placed in a water tight
splice enclosure. Field splices shall be conducted only at locations as shown in the plans as an approved
splice location.
All splicing equipment shall be in good working order, properly calibrated with calibration certificate
showing proof of calibration within the past 12 months. Craftmanship shall meet all industry standards
and safety regulations. Cable preparation, closure installation and splicing shall be accomplished in
accordance with accepted and approved industry standards.
All splices shall be protected with a thermal shrink sleeve. All fibers shall be labeled in the splice tray with
permanent vinyl markers. Pigtail ends shall also be labeled to identify the destination of the fiber. Pigtail
ends shall also be labeled to identify the destination of the fiber.
Upon completion of the splicing operation, all waste material shall be deposited in suitable containers,
removed from the job site and disposed of in an environmentally acceptable manner.
4.4 Splice Cases
All splice cases used on this project shall be CommScope FOSC 450 Gel sealed fiber-optic splice closure or
approved equal. The following sizes shall be used:
FOSC 450A – Holds up to 96 fiber splices
FOSC 450B – Holds up to 144 fiber splices
FOSC 450C – Holds up to 192 fiber splices
FOSC 450D – Holds up to 576 fiber splices
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 38
All cases shall be sized to accommodate cable sizes that are housed in the splice case. Contractor shall
include splice trays, label all fiber coming in and out of splice case, and protect each fusion splice with
heat shrink protectors.
4.5 Photos
Contractor shall take a photo of each splice tray and document as part of the deliverables with the test
results. All photos shall be labeled with location, date, tech name, company and description of the
completed splice.
4.6 Fiber-Optic Cable Termination Assemblies
Cable termination assemblies (connectors, pigtails and couplers) shall be products of the same
manufacturer. The cable used for cable assemblies shall be made of fiber meeting the performance
requirements of these special conditions for the F/O cable being connected, except that the operating
temperature shall be modified to -20°C to +70°C.
Manufacturer’s attenuation test results shall be provided for all cable assemblies.
4.7 Optical Fiber Connectors
All optical fiber termination components shall meet or exceed the applicable provisions of TIA/EIA-455-B,
Standard Test Procedure for Fiber-Optic Fibers, Cables, Transducers, Sensors, Connecting and Terminating
Devices, and Other Fiber-Optic Components.
All optical fiber connectors shall be of industry standard LC Angled polished APC, type for single-mode
optical fiber and shall meet or exceed the applicable provisions of TIA/EIA-455-2C (FOTP-2), Impact Test
Measurements for Fiber-Optic Devices, TIA/EIA-455-5B (FOTP-5), Humidity Test Procedure for Fiber-Optic
Components, and TIA/EIA-455-34A (FOTP-34), Interconnection Device Insertion Loss Test. When tested
in accordance with FOTP –2, the connector assembly will be subjected to ten impact cycles by being
dropped from a height of 1.5 m. The maximum insertion loss measured before and after the impacts shall
be < 0.50 dB. The mean insertion loss of the before and after impacts shall be < 0.30 dB. The insertion
loss increase measured before and after the impacts shall be < 0.30 dB. The maximum reflectance
measured before and after the impacts shall be < - 40 dB. When tested in accordance with FOTP – 5, the
connector assembly will be subjected to test conditions of 75 °C and 95% relative humidity for 7 days.
Measurements of loss and reflectance will be made at the beginning of the test, at a minimum of six-hour
intervals during the test, and at the end of the test. The maximum insertion loss measured before, during
or after the test shall be < 0.50 dB. The mean insertion loss of the before, during or after the test shall be
< 0.30 dB. The insertion loss increase measured before, during or after the test shall be < 0.30 dB. The
maximum reflectance measured before, during or after the test shall be < - 40 dB.
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 39
Optical fiber connectors shall satisfy all interface parameters of equipment components as may be defined
by the transmission equipment specifications. All optical fiber connector assemblies shall be machine
angle polished for low back-reflection and low insertion losses at both 1310 nm and 1550 nm wavelengths.
Single-mode pigtails shall be provided with factory pre-connectorized single-mode connectors of the "LC
Angle-PC" type. Connectors shall have maximum insertion loss of 0.5 dB or better. Connectors shall have
a composite barrel with a “push-pull” connection design, ceramic (zirconia) ferrule. Each connector shall
be capable of 200 repeated matings with a total maximum additional increase in insertion loss after 200
matings limited to 0.30 dB.
Each connector shall have a return loss (back reflection) equal to or better than .50 dB.
All connectors shall be factory-assembled and tested. There shall be no fabrication of connectors in the
field.
All unmated connectors shall have protective caps installed.
4.8 Couplers
Couplers shall be made of nickel-plated zinc or a glass reinforced polymer that is consistent with the
material forming the associated lC connector body. The design mechanism for mounting the coupler to
the connector panel may be flanged or threaded but shall coincide with the connector panel punch-outs.
All coupler sleeves shall be ceramic of the split clamshell or clover leaf design. The temperature operating
range for couplers shall be the same as that specified for the SC connectors.
4.9 Pigtails
Pigtails shall be of simplex (one fiber) construction, in 900 µm tight-buffer form, surrounded by Aramid
for strength, with a connector on one end. The outer jacket shall be yellow PVC with a nominal diameter
of 3 mm, marked with the manufacturer’s identification information. All pigtails shall be of adequate
length for the intended connection purpose, but not less than two meters in length. Pigtails installed in
conduit shall follow the installation procedures outlined for fiber-optic cables, except that the pulling
tension shall not exceed 500 N (110 lbf.).
4.10 Fiber Termination Panels
Fiber terminations shall be housed in a rack mounted fiber termination panel, sized appropriately for the
cable size installed. All materials including fiber panel housing, pigtails, splice cassettes, trays, connector
panels and all other materials required for a complete working system shall be provided by the
Contractors and shall be included in Contractor pricing.
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 40
4.11 Testing
The contractor shall perform fiber testing on 100% of all fiber strands installed. Testing shall be
completed using the following standards using equipment calibrated within the past 12 months.
4.11.A Reel Testing
All fiber shall be tested on the reel prior to installation utilizing an OTDR. Testing shall be
completed to verify continuity of length consistent with the length of the reel documented. OTDR
reel test shall be completed in one direction at 1550nm. Raw OTDR traces as well as .pdf copies
of reel test shall be provided to the city as a project deliverable. Traces shall be performed long
enough to provide a clean trace and show beginning and end of fiber. Any issues in fiber continuity
or defects discovered shall be brought to the attention of the City and shall not be installed until
the issue is rectified.
4.11.B Post Installation Testing
All fiber strands shall be tested once they are in their final configuration. Test documentations
shall be provided to the City as part of the project deliverables. Acceptance testing shall be
completed utilizing two wavelengths of 1310 and 1550nm. Acceptance testing shall utilize both
OTDR and Powermeter testing. OTDR test shall be delivered to the City in both raw trace format
as well as .pdf copies. Powermeter test shall be documented and delivered on a Powermeter test
form.
All field splicing shall have a bi-directional dB loss no greater than -.20dB. All connectors shall have a dB
loss no greater than -.50dB.
In the event any fiber splice or termination test with a dB loss higher than the maximum loss, fiber splices
shall be broken and re-spliced until allowable dB loss can be achieved. In the event a fiber stand has been
re-spliced three different times and cannot meet these standards, an exception document shall be
provided identifying the fiber, splice locations, and documentation showing the three attempts of re-
splicing.
5. Underground Construction
5.1 General Guidelines
Governing Florida Department of Transportation indexes and regulations will be used as well as all
applicable codes in force.
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 41
No construction shall begin without authorization or permit from the authority having jurisdiction.
5.2 Locates
Contractor shall follow all state laws pertaining to the Locates rules and regulations.
Contractor shall call 811 at least two business days and not more than 10 business days prior to
excavations. Notification can be completed by utilizing one of the following methods:
1. Call 811
2. www.callbeforeyoudig.com
Contractor shall utilize sound judgement when completing underground utility excavations and
installations. No guess work as to where existing utilities are located. All practical means necessary shall
be utilized to locate existing utilities to include locates, soft digs and spot holes, and ground penetrating
radar shall be considered to avoid conflicts. Contractor’s pricing shall include these in their pricing as a
cost of doing business.
5.3 Special Considerations
All bore pits shall be compacted to 95% density in roadways, roadway shoulders, roadway prism and
driveways and 85% density in unpaved areas.
The Contractor’s trench safety system shall be a protective system designed and maintained by a
competent person and shall meet accepted engineering requirements or practices. This trench safety
system may require the use of a support system in locations not designated in the contract as requiring
a support system.
5.4 Conduit Placement
The standard quantity for the City’s Backbone Network shall use existing conduits. The conduit shall be
placed as shown on the construction documents. New conduit shall be placed to feed some sites on city
property. Existing conduit along the streets shall be used. All new and existing conduit is shown on plans.
Warning Tape shall be required for all buried cable installation process except when directional boring
operation are used and shall be as follows:
1. Extra Stretch terra tape
2. Minimum of six inches (6”) wide
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 42
3. Orange in color with black lettering which reads “Caution Buried Fiber Optic Cable
Below”
4. Placed in the Trench a minimum of twelve inches (12”) above all conduit/ fiber
5.5 Depth of Placement
Unless otherwise specified by the Contractor’s project engineer above the depth of buried cable or
wire placed, measured from the top of the cable or wire to the surface of ground or rock must be as
listed below:
1. Minimum depth in soil (Mainline) - 36 inch
2. Minimum depth at ditch crossings 36 inch
3. Minimum depth in rock 24-inch (152 mm) Rock to surface.
Note: FDOT or other authority having jurisdiction may require a deeper requirement for minimum
depth. In the event of conflicting requirements, the more stringent depth requirement shall be used.
In the case of a layer of soil over rock, either the minimum depth in rock, measured to the surface of the
rock, or the minimum depth in soil, measured to the surface of the soil, may be used at the Contractor’s
Project Engineer’s option.
When rock excavating is required, width and depth requirements of the trench must be:
Trench Width Trench Depth
10” (or greater) 24”
Either the minimum depth in rock must be achieved or some other method may be employed by the
Contractor to provide adequate protection to the cable or wire as agreed to by the AHJ, e.g. concrete
cap.
5.6 Grade Away from Buildings/Structures
The conduit shall be placed in such a way to as to maintain a gradual grade down away from buildings and
other major structures.
5.7 Conduit Type
5.7.A Directional Boring/Plowing
Conduit for directional boring shall be HDPE with a minimum rating of SDR 11 type.
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 43
5.7.B Trenching
Conduit type for open trench shall be PVC with a minimum rating of Schedule 40.
5.7.C Innerduct
Inner duct, where required, shall be of the corrugated type and orange in color. Inner duct
requirements (size and amount) will be determined by the Project Engineer.
5.8 Conduit Turns and Transitions
All conduit turns shall be made with 45-degree bends or sweeps. At no time shall 90-degree bends be
utilized in the outside plant arena, unless it is already existing conduit, and approved by the City.
5.9 Conduit Proofing
All conduit installed shall be proofed utilizing a mandrel and shall include the installation of a continuous,
jet-line pull-string. Duct proofing shall ensure new conduit is continuous, free from dirt and debris and
conduit is in good usable condition.
5.10 Duct plugs
All conduit ends shall be properly sealed with mechanical duct plugs. Duct plugs shall be Jack-moon type
or equal.
5.11 Trace Wire
A #12 AWG insulated solid trace wire shall be placed along with all conduit put in place. This trace wire
shall maintain continuity from end station to end station. It is acceptable to use vaults/hand holds for
joining the trace wire, while keeping these joints visible and out of the way of the fiber cable.
5.12 Marker Posts
Easily visible, marked, HDPE orange dome fiber-optic marker posts shall be placed above the conduit at
all major transitions to said conduit (turns greater than 25 degrees, etc.). Fink plated marker posts are
required where necessary. Marker posts will display the City of Sunny Isles logo and will be marked
“Underground Fiber Cable.” Fink test locations shall be installed and properly grounded at every splice
location.
5.13 Conduit Entering Hand Holes/Man Holes
All conduits shall be stubbed up underneath the bottom of each manhole/hand hole leaving at least 8”
but no more than 12” of visible conduit exposed. Conduit and inner ducts shall be capped until use. After
use they shall be plugged appropriately to maintain the integrity of the conduit/inner duct from dirt and
water.
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 44
5.14 Locate Information
All splice points, vaults, hand hole/manhole, and conduit turns of 45-degrees or greater shall receive a
GPS coordinate that is marked and labeled back onto the as-built drawings.
5 Building Entrances
All building entrances should be checked and approved with The City of Sunny Isles Project Engineer or
liaison. Preference is given in the following order (but dictated by the facility itself): use of existing
entrance conduit, core drilling and bringing conduit up the outside of a facility, attaching a pull-box to the
exterior of said building and entering through the wall of the building.
5.16 Box Sizing
All boxes utilized MUST meet the FDOT applicable indexes and be on the FDOT approved equipment list.
Handholes shall be polymer composite Quazite brand or approved equal with a minimum tier 15, 20k load
rating. The following sizes are to be used unless specifically called out for in the design:
17x30x24 (20K Load)
24x24x24 (20K Load)
24x36x24 (20K Load)
30x48x24 (20K Load)
5.17 Box Spacing
Hand holes and vault spacing on backbone shall be installed as designed. If any adjustments in location of
hand holes needs to be made, new location needs to be pre-approved by the City or City representative
authorized to approve any adjustments.
As an overall guideline, hand hole spacing on the backbone shall be held to a maximum distance of 1,500’
between handholes to assist in pulling and access to the network. Any 90-degree turn, major intersection
of place of future connectivity or splice locations will also require a hand hole or vault to be placed.
5.18 Box Placement
All hand holes and vaults shall be installed flush with the existing grade unless otherwise specifically
directed. Box installation shall include a 6” base or crushed stone or gravel for drainage purposes. Any
earth disturbed in the immediate area surrounding the box shall be compacted to avoid any future wash
outs. All box, hand holes, vault installations shall include all restoration. Box pricing shall also include
placement of all bolts to secure lid.
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 45
Have all boxes approved prior to purchasing/installation of said boxes per the material submittal
requirements. All box lids shall have “FIBER” embedded on them.
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 46
SECTION 4
PROPOSAL RESPONSE FORMAT
4.0 FORMAT
Submittals shall be submitted in duplicate. Submit one (1) original, four (4) copies and one (1)
electronic copy of the submittal on USB Drive or CD. All required signatures shall be manual, in
blue ink of an authorized representative who has the legal authority to bind the CONTRACTOR in
contractual obligations. Each page of the bid should state the name of the CONTRACTOR, the bid
number, and the page number. The City reserves the right to request additional data or material
to support bid. All material submitted in response to the RFP will become the property of the City.
LABEL EACH SECTION AS NUMBERED
The proposal must be in the following format. All submittals shall contain no more than fifteen
(15) pages specifically addressing each criteria below:
1. Company Information
In response to this Proposal, all Contractors must provide the following:
Name of Agency/Company (including any "Doing Business As" names)
Company Locations
Internet Web Site Address (if any)
Office address and telephone number, email address
Proof of insurance
Proposer must submit a copy of Florida Division of Corporations Sunbiz report
with your company registered as active.
W9
2. Qualifications
Proposer’s relevant experience, qualifications and past performance
An explanation of why the Contractor is the best qualified to perform the
contract and demonstrate its qualifications including an item-by-item disclosure
outlining how the Contractor meets or exceeds the requirements of this RFP.
Provide a brief introduction letter highlighting the overall experience and
qualifications of the Respondent with respect to the services requested under this
Solicitation. Project list demonstrating this minimum experience and shall include,
at a minimum: the project, date of completion, base contract amount, number and
amount of change orders, if any, the name, address, and phone number of the
owner or owner’s representative familiar with the work. Specifically list any
projects, either complete or underway, that are located in Miami-Dade, Broward
or Palm Beach, Florida Counties.
Your firm must address Minimum Qualification Requirements per Section 2.2.
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 47
3. Staffing
Relevant experience and qualifications of key personnel, including key personnel of
subcontractors, that will be assigned to this project and experience and qualifications of
subcontractors
• The size and experience of the company staff pool from which staff assigned to
the management contract can be drawn.
• The composition of the staff team that will be assigned to the contract.
• The names of the employees in the area responsible for this contract
• Their function in the company.
• The name of the person who will be responsible for the coordination of work.
• Experience and qualifications of staff and satisfactory record of performance of
staff
• Each proposal must identify the name(s) and address(es) of all Subcontractors,
suppliers and other persons and organizations including those who are to furnish
the principal items of material and equipment. If requested by City after Bid
Opening and before Award, the successful bidder shall submit to City additional
detail on any or all Subcontractors or Suppliers including without limitation,
pertinent information regarding similar projects, and other evidence of qualification
for each such Subcontractor, Supplier, other persons or organization.
4. Approach / Methodology
Proposers approach methodology to providing the services requested in this solicitation
Suitability of the methodologies and approaches used in achieving tasks.
Overall organization to completing the project.
Work plan explaining how they intend on meeting the established deadlines.
Bidders are required to provide an Emergency Response Plan with 2 Hour
Response for emergency call-outs (submit with bid).
Bidder shall specify on the attached Bid Form the estimated
response/mobilization time necessary to get crews working after contract award.
Include information on Manufacturers' warranties
Value engineering, if applicable
5. References
Each Proposer must submit at least two (2) references of Current and Past Customers,
within the last five (5) years of which they have provided services similar in scope and
size of those described herein.
• Each Reference must be supplied on Client’s Letterhead
• Each Reference letter must be signed with contact person and phone number.
Local References are preferred.
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 48
6. Corporate Standing and Authorized Signatory
Respondent must demonstrate that the company is in good standing and that the person
signing this submittal is an Authorized Signatory on behalf of the respondent to sign bids,
proposals, negotiate and/or sign contracts, agreements, amendments and related
documents to which the respondent will be duly bound. The respondent must provide a
copy of the State Certificate of good standing listing the officers of the company. If the
signatory is not one of the officers listed on the State Certificate, the respondent must
provide one of the following forms of evidence of Signatory Authority with its response:
a. A copy of firm’s Articles of Incorporation listing the approved signatories of the
corporation;
b. A copy of a resolution listing the members of staff as authorized signatories for the
firm; and
c. A letter from a corporate officer listing the members of staff that are authorized
signatories for the firm.
7. Litigation History
CONTRACTOR shall provide a summary of any litigation or arbitration that the
CONTRACTOR, its parent company or its subsidiaries have been engaged in or are currently
engaged in, during the past five (5) years against or involving (1) any public entity in
Florida for any amount (2) any private entity for an amount greater than $100,000. The
summary shall state the nature of the litigation or arbitration, a brief description of the
case, the outcome or projected outcome, and the monetary amounts involved. The CITY
may disqualify any CONTRACTOR it determines to be excessively litigious.
8. Forms and Attachments
Enclosed Forms;
Respondent must complete, sign as required, and submit the Addenda and all forms
Firm’s Current Certificate(s) of Insurance; and Attach a financial statement including
bidder’s latest balance sheet and income statement.
9. Exceptions
Firm must list any exceptions taken to the terms and condition in this RFP.
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 49
QUALIFICATION REQUEST
INCLUDE WITH YOUR PROPOSAL
Contractor must list projects of similar project scope fulfilling the following qualification requests:
1. List Project Management Personnel. Personnel cannot be changed without written approval.
Project Manager
2. How many years has your organization been in business as a Contractor?
3. List minimum of two (2) previous similar construction projects, include: the Contractor’s Project
Manager, Project Name, Owner, Project Address, Contact person, Phone, Contract Amount, Date of
Completion and Description of Work.
4. List current workload.
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 50
5. Will you subcontract any part of this work? If so, give details to major key subcontractor’s name,
address, phone number and type of work to be performed. Also, indicate the percentage of the total
work to be performed by the subcontractor.
6. The business is a (sole proprietorship) (partnership) (corporation) and name of owner:
7. Has your company ever been debarred or terminated for default on a government contract?
8. Although not required, is your company a pre-qualified contractor through FDOT?
9. Identify your debris disposal plan.
10. Firm must list any exceptions taken to the terms and condition in this RFP.
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 51
11. Discuss what strategies the submitter will utilize to keep this project on schedule.
12. Discuss strategies the submitter will implement to ensure the project is kept on budget.
13. Have you personally inspected the plans and location, are there any concerns that may impede
your performance on this project?
14. Describe the submitter’s attributes, which make the submitter best-suited for this project.
END OF SECTION
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 52
SECTION 5
EVALUATION PROCESS
5.1 REVIEW OF PROPOSALS FOR RESPONSIVENESS
The purpose of the firm’s proposal is to demonstrate the qualifications, competence and capacity
of the firms seeking to undertake the referenced project herein in conformity with the
requirements of this request for proposal. As such, the substance of proposals will carry more
weight than their form or manner of presentation. The proposal should demonstrate the
qualifications of the firm and of the particular staff to be assigned to this engagement.
Each proposal will be reviewed to determine if the proposal is responsive to the submission
requirements outlined in the solicitation. A responsive proposal is one which follows the
requirements of this solicitation: that includes all documentation, submitted in the format
outlined in this solicitation, of timely submission, and has the appropriate signatures as required
on each document. Failure to comply with these requirements may result in the proposal being
deemed non-responsive.
Each proposal will be reviewed to determine if the proposal is responsive to the submission
requirements outlined in the solicitation. A responsive proposal is one which follows the
requirements of this solicitation that includes all documentation, is submitted in the format
outlined in this solicitation, is of timely submission, and has the appropriate signatures as required
on each document. Failure to comply with these requirements may result in the proposal being
deemed non-responsive.
5.2 MINIMUM QUALIFICATIONS REQUIREMENTS
a. The Prime Contractor shall hold the proper license in the State of Florida to perform the
Scope of Work set forth within this solicitation to include being registered as an Electrical
Contractor with the State of Florida along with registration to conduct business in the
State of Florida in all required disciplines.
b. The Prime contractor or sub-contractor firm and/or staff must be licensed with an FDOT
MOT certification. Provide name of FDOT MOT certificate holder.
c. Proposing Firm must have been awarded Prime Contractor or Sub-Contractor and
successfully performed two (2) projects of similar or greater size, scope and complexity
to the specifications of the RFP within the last five (5) years. Contractor must state if they
were the sub-contractor.
d. Contractor shall provide reference letters for no less than two (2) projects in which
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 53
Contractor served as Prime Contractor for projects similar in size and scope. Please note
that at least one of the references must be for the same projects in response to MQR C
above.
5.3 CRITERIA: Your Firm’s response to this RFP will be evaluated as stated below.
ITEM
# EVALUATION CRITERIA
MAXIMUM
POTENTIAL
POINTS
1. FIRM QUALIFICATIONS:
Proposer’s relevant experience, qualifications and past performance.
25
2. QUALIFICATIONS OF KEY PERSONNEL ASSIGNED TO ENGAGEMENT:
Relevant experience and qualifications of key personnel, including key
personnel of subcontractors that will be assigned to this project and
experience and qualifications of subcontractors.
25
3. PROJECT APPROACH:
Proposers approach methodology to providing the services requested
in this solicitation.
10
4. REFERENCES:
References are required as a component of due diligence to determine
the capability of the proposing Firm to be able to perform the required
services.
25
5. COST OF SERVICES
Proposer must provide detailed cost of services.
15
TOTAL POINTS 100
5.4 NEGOTIATIONS
The City may award a contract on the basis of initial offers received without discussions.
Therefore, each initial offer should contain the Proposer’s best terms from a monetary and
technical standpoint.
Notwithstanding the foregoing, if the City and said Proposer(s) cannot reach agreement on a
contract, the City reserves the right to terminate negotiations and may, at the City Manager’s or
his designee’s discretion, begin negotiations with the next lowest responsible and responsive
proposer. This process may continue until a contract acceptable to the City has been executed or
all proposals are rejected. No Proposer shall have any rights against the City arising from such
negotiations or termination thereof.
Any Proposer recommended for negotiations may be required to provide to the City:
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 54
a) Its most recent certified business financial statements as of a date not earlier than the end of
the Proposer’s preceding official tax accounting period, together with a statement in writing,
signed by a duly authorized representative, stating that the present financial condition is
materially the same as that shown on the balance sheet and income statement submitted, or
with an explanation for material change in the financial condition. A copy of the most recent
business income tax return will be accepted if certified financial statements are unavailable.
b) Information concerning any prior or pending litigation, either civil or criminal, involving a
governmental agency or which may affect the performance of services to be rendered herein,
in which the Proposer, any of its employees or subcontractors is or has been involved within
the last three years.
5.5 ORAL PRESENTATIONS
During the evaluation process, the committee may, at its discretion, request any one or all Firms
to make oral presentations. Such presentations will provide Firms with an opportunity to answer
any questions the auditor selection committee may have on a Firm's proposal. Not all firms may
be asked to make such oral presentations.
END OF SECTION
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 55
DELIVER TO:
City of Sunny Isles Beach
City Clerk
18070 Collins Avenue
Sunny Isles Beach, FL 33160
REQUEST FOR PROPOSALS
SECTION 6
BID SUBMITTAL FORMS
OPENING: 2:30 P.M.
5/3/2022
PLEASE QUOTE PRICES FURNISHED & INSTALLED, LESS TAXES, PROVIDED TO
CITY OF SUNNY ISLES 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:
Genesis Cuevas
Date Issued:
APRIL 1, 2022
This RFP Submittal Consists of
this RFP, Attachments and
Exhibits
Sealed bids are subject to the Terms and Conditions of this REQUEST FOR PROPOSALS 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 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 22-04-01
CITYWIDE FIBER NETWORK DEPLOYMENT
A Bid Deposit in the amount of 10% of the total amount of the bid shall accompany all bids
A Performance Bond in the amount of 100% of the total amount of the bid will be required upon
execution of the contract by the successful firm and City of Sunny Isles Beach
Firm Name:
________________________________________
RETURN ONE ORIGINAL, FOUR COPIES AND ONE USB RESPONSE IN A SEALED ENVELOPE
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 56
SECTION 6
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 IN CONNECTION
WITH THIS BID
Addendum #1, Dated
Addendum #2, Dated
Addendum #3, Dated
Addendum #4, Dated
Addendum #5, Dated
Addendum #6, Dated
Addendum #7, Dated
Addendum #8, Dated
PART II: NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID
FIRM NAME:
AUTHORIZED SIGNATURE: DATE:
TITLE OF OFFICER:
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 57
BID SUBMITTAL FORM
Bid Title: CITYWIDE FIBER NETWORK DEPLOYMENT
The undersigned Bidder 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.
The Bidder accepts all of the terms and conditions of the Advertisement or REQUEST FOR PROPOSALS and
Instructions to Proposers, including without limitation those dealing with the disposition of Bid Security.
This Bid will remain subject to acceptance for 90 days after the day of Bid opening. The Proposer 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 Bid, the Proposer represents, as more fully set forth in the Agreement, that:
The Proposer has familiarized himself/herself with the nature and extent of the
Contract Documents, Work, site, locality, and all local conditions and Law and
Regulations that in any manner may affect cost, progress, performance, or
furnishing of the Work.
The Proposer 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 Proposer.
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 Proposer has
not directly or indirectly induced or solicited any other Proposers to submit a false
or sham Bid; the Proposer has not solicited or induced any person, firm or
corporation to refrain from Bidding; and Proposer has not sought by collusion to
obtain for itself any advantage over any other Proposers or over the City.
The Proposer understands and agrees that the Bid is for unit prices to furnish and install individual Work
Items for maintenance and/or repair work, complete in place. Estimates are provided for the purposes of
Bid Evaluation and to establish unit prices for individual Work to be contracted by the City under individual
Purchase Orders, based on the unit prices established under this Bid.
The City and the successful Proposer will establish completion times for each individual Work Item and the
successful Proposer 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 |Request for Proposal No. 22-04-01 58
Firm Name:
_____________________________________________________________________________
Street Address:
_____________________________________________________________________________
Mailing Address (if different):
_____________________________________________________________________________
Telephone No. _______________________________Fax No. _________________________
Email Address: _______________________________FEIN No. __/__-__/__/__/__/__/__/__
*“By signing this document the bidder agrees to all Terms and conditions of this REQUEST
FOR PROPOSALS.
Signature:
__________________________________________________________________
(Signature of authorized agent)
Print Name: _________________________
Title:_________________________________________
THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO
BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE
INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL
NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY
PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE
PROPOSER TO THE TERMS OF ITS OFFER.
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 59
ATTACHMENT A –
FEDERAL PROVISIONS RELATED TO GRANT
FUNDS THAT MAY BE USED TO FUND ANY
RESULTANT CONTRACT
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 60
This Attachment is hereby incorporated by reference into the main solicitation.
FEDERAL PROVISION RELATED TO GRANT FUNDS THAT MAY BE USED TO FUND THE SERVICES AND
GOODS UNDER THIS SOLICATION
This solicitation is or may become fully or partially Federally Grant funded. To the extent
applicable, in accordance with Federal law, proposers shall comply with the clauses as enumerated below.
Proposer shall adhere to all grant conditions as set forth in the requirements of agreement no. Y5301,
which have been provided to Proposer, along with any and all other applicable Federal Laws. Including,
but not limited to, those set forth below, as well as those listed below, which are incorporated herein by
reference:
a. 2 CFR. 25.110
b. 2 CFR Part 170 (including Appendix A), 180, 200 (including Appendixes), and 3000
c. Executive Orders 12549 and 12689
d. 41 CFR s. 60-1(a) and (d)
e. Consolidated Appropriations Act, 2021, Public Law 116-260 related to salary limitations
These cited regulations are hereby incorporated and made part of this Solicitation as if fully set forth
herein. As stated above, this list is not all inclusive, any other requirement of law applicable in accordance
with the Federal, State or grant requirements are also applicable and hereby incorporated into this
Solicitation. If Proposer cannot adhere to or objects to any of the applicable federal requirements,
Proposers proposal may be deemed by the City as unresponsive. The provisions in this exhibit are
supplemental and in addition to all other provisions within the Procurement. In the event of any conflict
between the terms and conditions of this Attachment and the terms and conditions of the remainder of
the Procurement, the conflicting terms and conditions of this Exhibit shall prevail. However, in the event
of any conflict between the terms and conditions of this Exhibit and the terms and conditions of any
federal grant funding document provided specific to the funds being used to contract services or goods
under this Procurement] the conflicting terms and conditions of that document shall prevail.
Drug Free Workplace Requirements (Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), 2 CFR §
182): Applicability: As required in the Drug-free workplace requirements in accordance with Drug Free
Workplace Act of 1988 (Pub l 100-690, Title V, Subtitle D). Requirement: to the extent applicable, proposer
must comply with Federal Drug Free workplace requirements as Drug Free Workplace Act of 1988.
Conflict of Interest (2 CFR § 200.112): The proposer must disclose in writing any potential conflict of
interest to the City or pass-through entity in accordance with applicable Federal policy. Further, Chapter
33 of the City’s Code of Ordinances set forth the City’s Code of Ethics, and conflict of interest policies
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 61
Mandatory Disclosures (31 U.S.C. §§ 3799 – 3733): Proposer acknowledges that 31 U.S.C. Chapter 38
(Administrative Remedies for False Claims and Statements) applies to the Proposer’s actions pertaining to
this solicitation. The Proposer must disclose in writing all violations of Federal criminal law involving fraud,
bribery, or gratuity violations potentially affecting the Federal award.
Utilization of Minority and Women Firms (M/WBE) (2 CFR § 200.321): The Proposer must take all
necessary affirmative steps to assure that minority businesses, women’s business enterprises, and labor
surplus area firms are used when possible, in accordance with 2CFR 200.321. If subcontracts are to be
let, prime proposer will require compliance by all sub-contractors. Prior to contract award, the proposer
shall document efforts to utilize M/WBE firms including what firms were solicited as suppliers and/or
subcontractors as applicable and submit this information with their bid submittal. Information regarding
certified M/WBE firms can be obtained from:
Florida Department of Management Services (Office of Supplier Diversity)
Florida Department of Transportation
Minority Business Development Center in most large cities and
Local Government M/DBE programs in many large counties and cities
Equal Employment Opportunity (As per 2 CFR Part 200, Appendix II(C); 41 CFR § 61-1.4; 41 CFR § 61-4.3;
Executive Order 11246 as amended by Executive Order 11375): During the performance of this Contract,
the proposer agrees as follows: (1) The Proposer will not discriminate against any employee or applicant
for employment because of race, color, religion, sex, or national origin. The Proposer will take affirmative
action to ensure that applicants are employed, and that employees are treated during employment,
without regard to their race, color, religion, sex, sexual orientation, gender identify, or national origin.
Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff, or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The Proposer agrees to post in
conspicuous places, available to employees and applicants for employment, notices to be provided setting
forth the provisions of this nondiscrimination clause; (2) The Proposer will, in all solicitations or
advertisements for employees placed by or on behalf of the Proposer, state that all qualified applicants
will receive considerations for employment without regard to race, color, religion, sex, or national origin;
(3) The Proposer will send to each labor union or representative of workers with which it has a collective
bargaining Contract or other contract or understanding, a notice to be provided advising the said labor
union or workers’ representatives of the Proposer’s commitments under this section and shall post copies
of the notice in conspicuous places available to employees and applicants for employment; (4) The
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 62
Proposer will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules,
regulations, and relevant orders of the Secretary of Labor; (5) The Proposer will furnish all information
and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and
orders of the Secretary of Labor, or pursuant 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 Proposer’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 whole or in part and the Proposer may be
declared ineligible for further Government contracts or federally assisted construction contracts in
accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24,
1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.; (7)
Proposer will include the portion of the sentence immediately preceding paragraph (1) 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 provisions will be binding upon each subcontractor or vendor. The
Proposer will take such action with respect to any subcontract or purchase order as the administering
agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a Proposer becomes involved in, or is threatened with, litigation with
a subcontractor or vendor as a result of such direction by the administering agency the Proposer may
request the United States to enter into such litigation to protect the interests of the United States.
Additional notice and requirement for federally assisted contracts or subcontracts in excess of $10,000.00:
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY
(EXECUTIVE ORDER 11246).
THE OFFEROR'S OR BIDDER'S ATTENTION IS CALLED TO THE “EQUAL OPPORTUNITY CLAUSE” AND THE “STANDARD FEDERAL
EQUAL EMPLOYMENT SPECIFICATIONS” SET FORTH HEREIN. THE GOALS AND TIMETABLES FOR MINORITY AND FEMALE
PARTICIPATION, EXPRESSED IN PERCENTAGE TERMS FOR THE CONTRACTOR'S AGGREGATE WORKFORCE IN EACH TRADE ON
ALL CONSTRUCTION WORK IN THE COVERED AREA, ARE AS FOLLOWS:
TIME-
TABLES
GOALS FOR MINORITY PARTICIPATION FOR EACH
TRADE
GOALS FOR FEMALE PARTICIPATION IN EACH
TRADE
INSERT GOALS FOR EACH YEAR INSERT GOALS FOR EACH YEAR.
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 63
THESE GOALS ARE APPLICABLE TO ALL THE CONTRACTOR'S CONSTRUCTION WORK (WHETHER OR NOT IT IS FEDERAL OR FEDERALLY ASSISTED)
PERFORMED IN THE COVERED AREA. IF THE CONTRACTOR PERFORMS CONSTRUCTION WORK IN A GEOGRAPHICAL AREA LOCATED OUTSIDE OF
THE COVERED AREA, IT SHALL APPLY THE GOALS ESTABLISHED FOR SUCH GEOGRAPHICAL AREA WHERE THE WORK IS ACTUALLY PERFORMED.
WITH REGARD TO THIS SECOND AREA, THE CONTRACTOR ALSO IS SUBJECT TO THE GOALS FOR BOTH ITS FEDERALLY INVOLVED AND
NONFEDERALLY INVOLVED CONSTRUCTION.THE CONTRACTOR'S COMPLIANCE WITH THE EXECUTIVE ORDER AND THE REGULATIONS IN 41 CFR
PART 60-4 SHALL BE BASED ON ITS IMPLEMENTATION OF THE EQUAL OPPORTUNITY CLAUSE, SPECIFIC AFFIRMATIVE ACTION OBLIGATIONS
REQUIRED BY THE SPECIFICATIONS SET FORTH IN 41 CFR 60-4.3(A), AND ITS EFFORTS TO MEET THE GOALS. THE HOURS OF MINORITY AND
FEMALE EMPLOYMENT AND TRAINING MUST BE SUBSTANTIALLY UNIFORM THROUGHOUT THE LENGTH OF THE CONTRACT, AND IN EACH TRADE,
AND THE CONTRACTOR SHALL MAKE A GOOD FAITH EFFORT TO EMPLOY MINORITIES AND WOMEN EVENLY ON EACH OF ITS PROJECTS. THE
TRANSFER OF MINORITY OR FEMALE EMPLOYEES OR TRAINEES FROM CONTRACTOR TO CONTRACTOR OR FROM PROJECT TO PROJECT FOR THE
SOLE PURPOSE OF MEETING THE CONTRACTOR'S GOALS SHALL BE A VIOLATION OF THE CONTRACT, THE EXECUTIVE ORDER AND THE
REGULATIONS IN 41 CFR PART 60-4. COMPLIANCE WITH THE GOALS WILL BE MEASURED AGAINST THE TOTAL WORK HOURS PERFORMED.
THE CONTRACTOR SHALL PROVIDE WRITTEN NOTIFICATION TO THE DIRECTOR OF THE OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS
WITHIN 10 WORKING DAYS OF AWARD OF ANY CONSTRUCTION SUBCONTRACT IN EXCESS OF $10,000 AT ANY TIER FOR CONSTRUCTION WORK
UNDER THE CONTRACT RESULTING FROM THIS SOLICITATION. THE NOTIFICATION SHALL LIST THE NAME, ADDRESS AND TELEPHONE NUMBER
OF THE SUBCONTRACTOR; EMPLOYER IDENTIFICATION NUMBER OF THE SUBCONTRACTOR; ESTIMATED DOLLAR AMOUNT OF THE
SUBCONTRACT; ESTIMATED STARTING AND COMPLETION DATES OF THE SUBCONTRACT; AND THE GEOGRAPHICAL AREA IN WHICH THE
SUBCONTRACT IS TO BE PERFORMED.
AS USED IN THIS NOTICE, AND IN THE CONTRACT RESULTING FROM THIS SOLICITATION, THE “COVERED AREA” IS (INSERT DESCRIPTION OF THE
GEOGRAPHICAL AREAS WHERE THE CONTRACT IS TO BE PERFORMED GIVING THE STATE, COUNTY AND CITY, IF ANY).
Davis-Bacon Act (40 U.S.C. §§ 3141-3144 and 3146-3148, as supplemented by 29 CFR Part 5): If
applicable to this solicitation, the proposer agrees to comply with all provisions of the Davis Bacon Act as
amended (40 U.S.C. 3141-3148). Proposers are required to pay wages to laborers and mechanics at a rate
not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In
addition, contractors must be required to pay wages not less than once a week. If the grant award
contains Davis Bacon provisions, the City will place a copy of the current prevailing wage determination
issued by the Department of Labor in the solicitation document. The decision to award a contract shall
be conditioned upon the acceptance of the wage determination.
Copeland Anti Kick Back Act (40 U.S.C. § 3145 as supplemented by 29 CFR Part 3): If applicable to this
Solicitation, proposer shall comply with all the requirements of 18 U.S.C. § 874, 40 U.S.C. § 3145, 29 CFR
Part 3 which are incorporated by reference to this solicitation. Proposers are prohibited from inducing by
any means any person employed in the construction, completion or repair of public work to give up any
part of the compensation to which he or she is otherwise entitled.
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701–3708 as supplemented by 29 CFR Part
5): All contracts awarded in excess of $100,000 that involve the employment of mechanics or laborers
must be in compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor
regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor is required to compute the
wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 64
of the standard work week is permissible provided that the worker is compensated at a rate of not less
than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.
The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or
mechanic must be required to work in surroundings or under working conditions which are unsanitary,
hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or
articles ordinarily available on the open market, or contracts for transportation or transmission of
intelligence.
Clean Air Act (42 U.S.C. 7401–7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251–1387,
as amended): Proposer agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act (42 U.S.C. 7401–7671q) and the Federal Water Pollution Control Act as
amended (33 U.S.C. 1251–1387). Violations must be reported to the Federal awarding agency and the
Regional Office of the Environmental Protection Agency (EPA).
Debarment and Suspension (2 CFR part 180, Executive Orders 12549 and 12689): Proposer certifies that
it and its principals, if applicable, are not presently debarred or suspended by any Federal department or
agency from participating in this transaction. Proposer now agrees to verify, to the extent applicable that
for each lower tier subcontractor that exceeds $25,000 as a “covered transaction” under the Services to
be provided is not presently disbarred or otherwise disqualified from participating in the federally assisted
services. The proposer agrees to accomplish this verification by: (1) Checking the System for Award
Management at website: http://www.sam.gov; (2) Collecting a certification statement similar to the
Certification of Offeror /Bidder Regarding Debarment, herein; (3) Inserting a clause or condition in the
covered transaction with the lower tier contract.
Byrd Anti-Lobbying Amendment (31 U.S.C. 1352): Proposer must file the required certification, attached
to the procurement. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to influence an officer
or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant or any other award covered
by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the
non-Federal award. The contractor shall certify compliance.
Rights to Inventions Made Under a Contract or Agreement (37 CFR Part 401): Please contact the City for
further information related to the applicable standard patent rights clauses.
Procurement of Recovered Materials (2 CRF 200.323 and 40 CFR Part 247): Proposer must comply with
section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 65
Act. The requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of
recovered materials practicable, consistent with maintaining a satisfactory level of competition, where
the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding
fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes
energy and resource recovery; and establishing an affirmative procurement program for procurement of
recovered materials identified in the EPA guidelines.
Access to Records and Reports: Proposer will make available to the City’s granting agency, the granting
agency’s Office of Inspector General, the Government Accountability Office, the Comptroller General of
the United States, State of Florida, the City, or any of their duly authorized representatives any books,
documents, papers or other records, including electronic records, of the contractor that are pertinent to
the City’s grant award, in order to make audits, investigations, examinations, excerpts, transcripts, and
copies of such documents. The right also includes timely and reasonable access to the contractor’s
personnel during normal business hours for the purpose of interview and discussion related to such
documents. This right of access shall continue as long as records are retained.
Record Retention (2 CFR § 200.33): Proposer will retain of all required records pertinent to this contract
for a period of three years, beginning on a date as described in 2 C.F.R. §200.333 and retained in
compliance with 2 C.F.R. §200.333.
Federal Changes: Proposer shall comply with all applicable Federal agency regulations, policies,
procedures and directives, including without limitation those listed directly or by reference, as they may
be amended or promulgated from time to time during the term of any awarded contract.
Termination for Default (Breach or Cause): If Contractor does not deliver supplies in accordance with the
contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner
called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the
City may terminate the contract for default. Termination shall be effected by serving a notice of
termination on the contractor setting forth the manner in which the Contractor is in default. The
contractor will only be paid the contract price for supplies delivered and accepted, or services performed
in accordance with the manner of performance set forth in the contract.
Termination for Convenience: Any Awarded Contract may be terminated by the City in whole or in part
at any time, upon ten (10) days written notice. If the Contract is terminated before performance is
completed, the Contractor shall be paid only for that work satisfactorily performed for which costs can be
substantiated.
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 66
Safeguarding Personal Identifiable Information (2 CFR § 200.82): Proposers will take reasonable
measures to safeguard protected personally identifiable information and other information designated as
sensitive by the awarding agency or is considered sensitive consistent with applicable Federal, state
and/or local laws regarding privacy and obligations of confidentiality.
Prohibition On Utilization Of Cost Plus A Percentage Of Cost Contracts (2 CFR Part 200): The City will not
award contracts containing Federal funding on a cost-plus percentage of cost basis.
Energy Policy and Conservation Act (43 U.S.C. § 6201 and 2 CFR Part 200 Appendix II (H): Proposer shall
comply with mandatory standards and policies relating to energy efficiency, stating in the state energy
conservation plan issued in compliance with the Energy Policy and Conservation act. (Pub. L. 94-163, 89
Stat. 871) [53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995].
Proposer will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act
(TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits Proposer from (1) engaging in severe forms
of trafficking in persons during the period of time that the resulting contract is in effect; (2) procuring a
commercial sex act during the period of time that the resulting contract is in effect; or (3) using forced
labor in the performance of the contracted services under a resulting contract. A resulting contract may
be unilaterally terminated immediately by the City for Consultant’s violating this provision, without
penalty.
Domestic Preference For Procurements (2 CFR § 200.322): As appropriate and to the extent consistent
with law, to the greatest extent practicable when using federal funds for the services provided in a
resulting contract, shall provide a preference for the purchase, acquisition, or use of goods and products
or materials produced in the United States.
Buy America (Build America, Buy America Act (Public Law 117-58, 29 U.S.C. § 50101. Executive Order
14005): All iron, steel, manufactured products and construction materials used under a federally grant
funded project must be produced in the United States. Additional requirements may apply depending on
the Federal Granting Agency provisions, please check with the City for further details. Proposers shall be
required to submit a completed Buy America Certificate with this procurement, an incomplete certificate
may deem the proposers submittal non-responsive.
Prohibition On Certain Telecommunications And Video Surveillance Services Or Equipment (2 CFR §
200.216): Proposer and any subcontractors are prohibited to obligate or spend grant funds to: (1) procure
or obtain, (2) extend or renew a contract to procure or obtain; or (3) enter into a contract to procure or
obtain equipment, services, or systems that use covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology as part of any system. As
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 67
described in Pub. L. 115-232, section 889, covered telecommunications equipment is telecommunications
equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate
of such entities). i. For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video surveillance and
telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision
Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such
entities). ii. Telecommunications or video surveillance services provided by such entities or using such
equipment. iii. Telecommunications or video surveillance equipment or services produced or provided by
an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or
the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or
controlled by, or otherwise, connected to the government of a covered foreign country.
Enhanced Whistleblower Protections (41 U.S.C. § 4712): An employee of Proposer and/or its
subcontractors may not be discharged, demoted, or otherwise discriminated against as a reprisal for
disclosing to a person or body described in 42 U.S.C. § 4712(a)(2) information that the employee
reasonably believes is evidence of gross mismanagement of a Federal contract or grant, a gross waste of
Federal funds, an abuse of authority relating to a Federal contract or grant, a substantial and specific
danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract
(including the competition for or negotiation of a contract) or grant.
Federal Funding Accountability and Transparency Act (FFATA) (2 CFR § 200.300; 2 CFR Part 170): In
accordance with FFATA, the Proposer shall, upon request, provide the City the names and total
compensation of the five most highly compensated officers of the entity, if the entity in the preceding
fiscal year received 80 percent or more of its annual gross revenues in federal awards, received
$25,000,000 or more in annual gross revenues from federal awards, and if the public does not have access
to information about the compensation of the senior executives of the entity through periodic reports
filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 or section 6104 of the Internal
Revenue Code of 1986.
Federal Awardee Performance and Integrity Information System (FAPIIS)( The Duncan Hunter National
Defense Authorization Act of 2009 (Public Law 110-417 and 2 CFR Part 200 Appendix XII)): The Proposer
shall update the information in the Federal Awardee Performance and Integrity Information System
(FAPIIS) on a semi-annual basis, throughout the life of this contract, by posting the required information
in the System for Award Management via https://www.sam.gov.
Never Contract With The Enemy (2 CFR Part 183): Applicability: only to grant and cooperative agreements
in excess of $50,000 performed outside of the United States, Including U.S. territories and are in support
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 68
of a contingency operation in which members of the Armed Forces are actively engaged in hostilities.
Requirement: Proposer must exercise due diligence to ensure that none of the funds, including supplies
and services, received are provided directly or indirectly (including through subawards or contracts) to a
person or entity who is actively opposing the United States or coalition forces involved in a contingency
operation in which members of the Armed Forces are actively engaged in hostilities, which must be
completed through 2 CFR 180.300 prior to issuing a subcontract.
Federal Agency Seals, Logos and Flags: The Proposer shall not use any Federal Agency seal(s), logos,
crests, or reproductions of flags or likenesses of any federal agency officials without specific federal
agency pre-approval.
No Obligation by Federal Government: The Federal Government is not a party to this contract and is not
subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining
to any matter resulting from a resulting contract.
The _________________________________________[insert name of the signator] on behalf of
_________________________________ the Proposer is authorized to sign below and confirm the
proposer is fully able to comply with these requirements, federal terms and conditions and has on made
any inquiries and further examination of the law and requirements as is necessary to comply.
DATE: SIGNATURE:
COMPANY: NAME:
ADDRESS: TITLE:
E-MAIL:
PHONE
NO.:
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 69
ATTACHMENT B
ARPA FUNDING AGREEMENT NO 75301
RESOLUTION NO. 2021- 3235-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES
BEACH, FLORIDA, APPROVING THE AMERICAN RESCUE PLAN ACT
CORONAVIRUS LOCAL FISCAL RECOVERY FUND AGREEMENT BETWEEN THE
CITY AND THE FLORIDA DIVISION OF EMERGENCY MANAGEMENT;
AUTHORIZING THE CREATION OF A SPECIAL REVENUE FUND;
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL REQUIRED
DOCUMENTS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the United States Congress passed the American Rescue Plan Act
ARPA"), which was signed into law, and created the Coronavirus Local Fiscal Recovery
Fund for the purpose of providing funds to local governments in order to facilitate the
ongoing recovery from the COVID-19 pandemic ("Fiscal Recovery Funds"); and
WHEREAS, ARPA requires that Fiscal Recovery Funds may only be used to cover
expenses incurred by the local government by December 31, 2024, such as:
i. to respond to the public health emergency with respect to COVID-19 or its negative
economic impacts, including assistance to households, small businesses, and
nonprofits, or aid to impacted industries such as tourism, travel, and hospitality;
ii. to respond to workers performing essential work during the COVID-19 public
health emergency by providing premium pay to eligible workers of the non -
entitlement unit of local government that are performing such essential work, or by
providing grants to eligible employers that have eligible workers who perform
essential work;
iii. for the provision of government services to the extent of the reduction in revenue
of such non -entitlement unit of local government due to the COVID-19 public health
emergency relative to revenues collected in the most recent full fiscal year of the
non -entitlement unit of local government; or
iv. to make necessary investments in water, sewer, or broadband infrastructure.
WHEREAS, the ARPA allocated $7,105,927,713.00 for making payments to
metropolitan cities, non -entitlement units of local government, and counties in Florida, 21%
of which is to be paid directly to metropolitan cities in Florida, 59% of which was paid
directly to counties in Florida, and 20% of which is to be paid to the State of Florida for
distribution to non -entitlement units of local government; and
WHEREAS, the U.S. Department of Treasury ("Treasury") disbursed
5,689,502,590.00 of these funds directly to metropolitan cities and counties; and
R2021 Approve Funding Agmt w FDEM for ARP - Create Fund Page 1 of 3
WHEREAS, a remaining balance of $1,416,425,123.00 was reserved for the State of
Florida to disburse to non -entitlement units of local government, such as the City of Sunny
Isles Beach (the "City"); and
WHEREAS, the Division of Emergency Management ("FDEM") has received these
funds from the Treasury through the State of Florida in accordance with the provisions of
ARPA; and
WHEREAS, pursuant to the provisions of ARPA, FDEM is the state entity responsible
for disbursing the funds to the City; and
WHEREAS, it is in the best interest of the City to enter into a funding agreement with
FDEM, substantially in the form attached hereto as Attachment "A", in order for the City to
receive its allocation of Fiscal Recovery Funds in the amount of Ten Million Nine Hundred
Twenty Thousand Six Hundred Thirteen Dollars ($10,920,613.00), subject to the terms and
conditions contained therein ("Funding Agreement").
WHEREAS, in order to ensure accountability, the City will establish a separate Special
Revenue Fund entitled American Rescue Plan Act of 2021 Fund, per the authorization of the
City Commission provided herein; and
WHEREAS, the City Commission finds that this Resolution is in the best interest and
welfare of the residents of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing recital paragraphs are hereby
ratified and confirmed as being true and the same are hereby made part of this Resolution.
Section 2. Approval of Funding Agreement. The City Commission of the City of Sunny
Isles Beach hereby approves the Funding Agreement with Florida Division of Emergency
Management, substantially in the form attached hereto as Attachment "A" and
incorporated herein by reference.
Section 3. Creation of Special Revenue Fund. This City Commission hereby authorizes
the Finance Director to create within the accounts of the City, a Special Revenue Fund
entitled American Rescue Plan Act of 2021 Fund for receipt, expenditure and/or incurrence
of obligations of and for the herein referenced funds.
Section 4. Authorization of the City Manager. The City Manager is hereby authorized
to do all things necessary to effectuate this Resolution, including execute the Funding
Agreement, substantially in the form attached hereto, any amendments thereto, and all
other necessary documents in furtherance thereof.
R2021 Approve Funding Agmt w FDEM for ARP - Create Fund Page 2 of 3
Section 5.
A'
Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 14th day of September 2021.
Larisa Svechin, Mayor
APPROVED AS TO FORM
AND LEG FFICIENCY:
M uri io Ptancur, CMC, City Clerk Edward A. Dion, City Attorney
Moved by:,ni /Xaa/b/fP ZAH-A Seconded by: yM-1/5S/671/i2 Ca i i4Y
Vote:
Mayor Svechin L/(Yes) (No)
Commissioner Goldman 7. (Yes) (No)
Commissioner Lama V(Yes) (No)
Commissioner Viscarra (Yes) (No)
R2021 Approve Funding Agmt w FDEM for ARP - Create Fund Page 3 of 3
DIVISION OF
Ron DeSantis
Governor
MEMORANDUM
STATE OF FLORIDA
EMERGENCY MANAGEMENT
Kevin Guthrie
Director
TO: Non -entitlement Units, Recipients
FROM: Stephanie Stachowicz, General Counsel, Division of Emergencyl
Management
DATE: August 27, 2021
SUBJECT: American Rescue Plan Act Coronavirus Local Fiscal Recovery Fund
Agreement
This memorandum addresses questions raised by some non -entitlement units
NEUs") regarding certain provisions of the American Rescue Plan Act Coronavirus
Local Fiscal Recovery Fund Agreement between the Division and Recipients.
First, regarding subparagraph 0) of paragraph 13, some NEUs have expressed
concern that, by requiring compliance with section 112.061, Florida Statutes, this
provision could be interpreted as restricting the ability of NEUs to set their own per diem
and travel expense policies as permitted under section 166.021(9)(b), Florida Statutes.
The Division will consider compliance with section 166.021(9)(b), Florida Statutes, as
compliance with subparagraph Q).
Second, regarding subparagraph (m) of paragraph 13, some NEUs have
expressed concern that the limit placed on the use of interest earned on investment of
funds conflicts with recent Department of Treasury guidance ("Guidance"). To the extent
this provision conflicts with the Guidance, the Division will consider compliance with the
Guidance as compliance with subparagraph (m).
As a reminder, the deadline for disbursement of funds is approaching and the
Division will need executed agreements in place to ensure timely disbursement of
funds. Please contact the Division with any questions.
Agreement Number: Y5301
Unique Identifier Code: FL0299
AMERICAN RESCUE PLAN ACT
CORONAVIRUS LOCAL FISCAL RECOVERY FUND AGREEMENT
This Agreement is entered into by and between the State of Florida, Division of Emergency Management (the
Division") and Sunny Isles Beach, City of (the "Non -Entitlement Unit" or "Recipient").
RECITALS
A. Section 9901 of the American Rescue Plan Act of 2021 (Pub. L. No. 117-2, §9901) added section 603(a) to the
Social Security Act ("ARPA"), which created the Coronavirus Local Fiscal Recovery Fund for the purpose of
providing funds to local governments_ in order to facilitate the ongoing recovery from the COVID-19 pandemic
Fiscal Recovery Funds"); and
B. Following the enactment of ARPA, the U.S. Department of the Treasury ("Treasury" or "Secretary") released formal
and informal guidance regarding implementation of ARPA, including the disbursement and expenditure of Fiscal
Recovery Funds, including Treasury Interim Final Rule, 31 CFR pt. 35, 2021, attending rule guidance published
in the Federal Register, Volume 86, No 93,1, and informal guidance made publicly available by Treasury, which
may be amended, superseded, or replaced during the term of this Agreement ("Treasury Guidance"); and
C. ARPA allocated $7,105,927,713.00 for making payments to metropolitan cities, non -entitlement units of local
government, and counties in Florida, 21% of which is to be paid directly to metropolitan cities in Florida, 59% of
which was paid directly to counties in Florida, and 20% of which is to be paid to the State of Florida for distribution
to non -entitlement units of local government; and
D. The Secretary disbursed $5,689,502,590.00 of these funds directly to metropolitan cities and counties; and
E. A remaining balance of $1,416,425,123.00 was reserved for the State of Florida to disburse to non -entitlement
units of local government; and
F. The Division has received these funds from the Secretary through the State of Florida in accordance with the
provisions of ARPA; and
G. Pursuant to the provisions of ARPA, the Division is the state entity responsible for disbursing the funds to the
Recipient under this Agreement; and
H. The Recipient is fully qualified and eligible to receive this funding in accordance with ARPA for the purposes
identified therein.
Therefore, in consideration of the mutual promises, terms and conditions contained herein, the Division and the Recipient
agree as follows:
1) RECITALS. The foregoing recitals are true and correct and are incorporated herein by reference.
2) TERM. This Agreement shall be effective upon execution and shall end on December 31, 2024, unless terminated
earlier in accordance with the provisions of this Agreement. Upon expiration or termination of this Agreement for any
reason, the obligations which by their nature are intended to survive expiration or termination of this Agreement will
survive.
3) FUNDING. The State of Florida, through the Division, will make a disbursement of each non -entitlement unit of local
government's allocation based on the list of non -entitlement units published by Treasury and based upon the State's
calculation of the Recipient's proportional share of the total population of all non -entitlement units in the State. The
total Fiscal Recovery Funds allocation for Recipient under this Agreement is $10,920,613.00.
4) USE OF FISCAL RECOVERY FUNDS
a. The State, through the Division, will—within 30 days of receiving payment from the Secretary, or within such
other time period as may be permitted by the Secretary—make an initial disbursement to the non -entitlement
https://www.regulations.gov/document/TREAS-DO-2021-0008-0002 I Federal Register, Vol. 86, No. 93, Pg. 26786
Federal Register")
unit of local government of 50% of the total amount allocated to the non -entitlement unit.2 Not earlier than 12
months from the date upon which the State makes the initial disbursement, the Secretary is expected to
release the Second Tranche amount to the State. The State will—within 30 days of receiving payment from
the Secretary, or within such other time period as may be permitted by the Secretary—make a second
disbursement to the non -entitlement unit of local government.
b. Recipients may use payments for any expenses eligible under ARPA Coronavirus State and Local Fiscal
Recovery Funds. Payments are not required to be used as the source of funding of last resort.
c. ARPA requires that Fiscal Recovery Funds may only be used to cover expenses incurred by the non -
entitlement unit of local government by December 31, 20243, such as:
i. to respond to the public health emergency with respect to COVID-19 or its negative economic impacts,
including assistance to households, small businesses, and nonprofits, or aid to impacted industries
such as tourism, travel, and hospitality;
ii. to respond to workers performing essential work during the COVID-19 public health emergency by
providing premium pay to eligible workers of the non -entitlement unit of local government that are
performing such essential work, or by providing grants to eligible employers that have eligible workers
who perform essential work;
iii. for the provision of government services to the extent of the reduction in revenue of such non -
entitlement unit of local government due to the COVID-19 public health emergency relative to
revenues collected in the most recent full fiscal year of the non -entitlement unit of local government;
or
iv. to make necessary investments in water, sewer, or broadband infrastructure.
d. As specified in the Treasury Guidance, Eligible Use of Fiscal Recovery Funds falls under four categories,
including (1) Public Health and Economic Impacts, (2) Premium Pay for Essential Workers, (3) Revenue Loss,
and (4) Investments in Infrastructure.
i. Public Health and Economic Impacts: Examples of eligible uses of Fiscal Recovery Funds under this
category include, but are not limited to:
1. COVID-19 Mitigation and Prevention expenses, such as vaccination programs, medical care,
testing, personal protective equipment (PPE), and ventilation improvements;4
2. Medical expenses, including both current expenses and future medical services for
individuals experiencing prolonged symptoms and health complications from COVID-19;5
3. Payroll expenses for public safety, public health, health care, human services, and other
similar employees, to the extent that their services are devoted to mitigating or responding to
COVI D-19;6
4. Efforts to remedy the economic impact of the COVID-19 public health emergency on
households, individuals, businesses, and state, local, and tribal governments;? and
5. Efforts to remedy pre-existing economic disparities which were exacerbated by the COVID-
19 public health emergency.$
ii. Premium Pay: Fiscal Recovery Funds may also be used to provide premium pay to essential workers,
per Treasury Guidance's definition of "essential work."9 Examples of essential workers include, but
are not limited to:
1. Staff at nursing homes, hospitals, and home care settings;
2. Workers at farms, food production facilities, grocery stores, and restaurants;
3. Janitors, truck drivers, transit staff, and warehouse workers
4. Public health and safety staff;
5. Childcare workers, educators, and other school staff; and
2 "First Tranche Amount," American Rescue Plan Act of 2021, H.R. s. 601(b)(7) "Timing"
3 https://home.treasury.gov/system/files/136/Coronavirus-Relief-Fund-Guidance-for-State-Territorial-Local-and-Tribal-
Governments.pdf
4 See Federal Register, pg. 26790.
51d.
6 Id. at. 26791
Id at 26791-26797
8 Id.
9 Id. at 26797
2
6. Social service and human services staff.10
iii. Revenue Loss: Recipients may use Fiscal Recovery Funds for the provision of government services
to the extent of the reduction in revenue experienced due to the COVID-19 Public Health
Emergency."
iv. Investments in Infrastructure: Treasury Guidance specifies that Fiscal Recovery Funds may be used
to improve access to clean drinking water, improve wastewater and stormwater infrastructure
systems, and provide access to high-quality broadband services.12
Additional guidance regarding eligible uses of Fiscal Recovery Funds, as well as impermissible uses (including
for pensions or to offset revenue losses from tax reductions) is set forth in Treasury Guidance.
5) LAWS, RULES, REGULATIONS, AND POLICIES
a. Performance under this Agreement is subject to the applicable provisions of 2 CFR Part 200,
entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards" including the cost principles and restrictions on general provisions for selected
items of cost.
i. The following 2 CFR policy requirements apply to this assistance listing13:
Subpart B, General provisions;
Subpart C, Pre -Federal Award Requirements and Contents of Federal Awards;
Subpart D, Post Federal; Award Requirements;
Subpart E, Cost Principles; and
Subpart F, Audit Requirements.
ii. The following 2 CFR policy requirements also apply to this assistance listing: 2 C.F.R.
Part 25, Universal Identifier and System for Award Management; 2 C.F.R. Part 170,
Reporting Subaward and Executive Compensation Information; and 2 C.F.R. Part 180,
OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Non -
procurement). The following 2 CFR Policy requirements are excluded from coverage
under this assistance listing: For 2 C.F.R. Part 200, Subpart C; 2 C.F.R. § 200.204
Notices of Funding Opportunities); 2 C.F.R. § 200.205 (Federal awarding agency
review of merit of proposal); 2 C.F.R. § 200.210 (Pre -award costs);and 2 C.F.R. §
200.213 (Reporting a determination that a non -Federal entity is not qualified for a
Federal award). For 2 C.F.R. Part 200, Subpart D, the following provisions do not apply
to the SLFRF program: 2 C.F.R. § 200.308 (revision of budget or program plan); 2
C.F.R. § 200.309 (modifications to period of performance); C.F.R. § 200.305 (b)(8) and
9) (Federal Payment).
b. In addition to the foregoing, the Recipient and the Division will be governed by all applicable State and Federal
laws, rules and regulations, including those identified in Attachment C. Any express reference in this
Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation
applies.
6) NOTICES
a. All notices under this Agreement shall be made in writing to the individuals designated in this paragraph. In
the event that different representatives or addresses are designated by either party after execution of this
Agreement, notice of the new name, title and contact information of the new representative will be promptly
provided to the other party, and no modification to this Agreement is required.
b. In accordance with section 215.971(2), Florida Statutes, the Division's Program Manager will be responsible
for enforcing performance of this Agreement's terms and conditions and will serve as the Division's liaison
10 Id.
11 Id. at 26799
12 Id. at 26802
13 As defined in 2 C.F.R. § 200.1
3
with the Recipient. As part of his/her duties, the Program Manager for the Division will monitor and document
Recipient performance.
c. The Division's Program Manager for this Agreement is:
Erin White
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: 850-815-4458
Email: Erin.White@em.myflorida.com
d. The name and address of the representative responsible for the administration of this Agreement is:
Melissa Shirah
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: 850-815-4455
Email: Melissa.Shirah@em.myflorida.com
e. The contact information of the representative of the Recipient is:
Authorized Representative: clktt-:5 CertiJ • 9u-,C4C
Title: ( r(f1r
S,
Address: I RO 0 `
v
Telephone::2 --
Email: era S.50 6ilbrX,
7) PAYMENT
a. In order to obtain funding under this Agreement, the Recipient must file with the Division Program Manager
information and documentation, including but not limited to the following:
i. Local government name, Entity's Taxpayer Identification Number, DUNS number, and address;
ii. Authorized representative name, title, and email;
iii. Contact person name, title, phone, and email;
iv. Financial institution information (e.g., routing and account number, financial institution name and
contact information);
v. Total NEU budget (defined as the annual total operating budget, including general fund and other
funds, in effect as of January 27, 2020) or top -line expenditure total (in exceptional cases in which the
NEU does not adopt a formal budget);
vi. Signed Assurances of Compliance with Title VI of the Civil Rights Act of 1964. (Attachment D); and
vii. Signed Award Terms and Conditions Agreement (Attachment E).
b. Payment requests must include a certification, signed by an official who is authorized to legally bind the
Recipient, which reads as follows:
By signing this report, I certify to the best of my knowledge and belief that the report is true,
complete, and accurate, and the expenditures, disbursements and cash receipts are for the
purposes and objectives set forth in the terms and conditions of the Federal award. I am
aware that any false, fictitious, or fraudulent information, or the omission of any material fact,
may subject me to criminal, civil or administrative penalties for fraud, false statements, false
claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and
3801-3812).
4
8) RECORDS
a. As a condition of receiving state or federal financial assistance, and as required by sections 20.055(6)(c) and
215.97(5)(b), Florida Statutes, the Division, the Chief Inspector General of the State of Florida, the Florida
Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents,
financial statements, papers, or other records of the Recipient which are pertinent to this Agreement, in order
to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and
reasonable access to the Recipient's personnel for the purpose of interview and discussion related to such
documents. For the purposes of this section, the term "Recipient" includes employees or agents, including all
subcontractors or consultants to be paid from funds provided under this Agreement.
b. The Recipient shall maintain all records related to this Agreement for the period of time specified in the
appropriate retention schedule published by the Florida Department of State. Information regarding retention
schedules can be obtained at: http://dos.myflorida.com/library-archives/records-management/general-
records-schedules/.
c. Florida's Government in the Sunshine Law (section 286.011, Florida Statutes) provides the citizens of Florida
with a right of access to governmental proceedings and mandates three, basic requirements: (1) all meetings
of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be
given; and (3) minutes of the meetings must be taken and promptly recorded.
d. Florida's Public Records Law provides a right of access to the records of the state and local governments as
well as to private entities acting on their behalf. Unless specifically exempted from disclosure by Florida
Statute, all materials made or received by a governmental agency (or a private entity acting on behalf of such
an agency) in conjunction with official business which are used to perpetuate, communicate, or formalize
knowledge qualify as public records subject to public inspection.
IF THE RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE RECIPIENT'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT: (850) 815-4156, Records@em.myflorida.com, or 2555
Shumard Oak Boulevard, Tallahassee, FL 32399.
9) AUDITS
a. In accounting for the receipt and expenditure of funds under this Agreement, the Recipient must follow
Generally Accepted Accounting Principles ("GAAP"). As defined by 2 CFR §200.49, "GAAP has the meaning
specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the
Financial Accounting Standards Board (FASB).
b. When conducting an audit of the Recipient's performance under this Agreement, the Division must use
Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2 CFR §200.50, "GAGAS,
also known as the Yellow Book, means generally accepted government auditing standards issued by the
Comptroller General of the United States, which are applicable to financial audits.
c. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions
of and strict compliance with this Agreement and with Section 603(c) of the Social Security Act, the Recipient
will be held liable for reimbursement to the Secretary of all funds used in violation of these applicable
regulations and Agreement provisions within thirty (30) days after the Division has notified the Recipient of
such non-compliance.
d. The Recipient must have all audits completed by an independent auditor, which is defined in section
215.97(2)(i), Florida Statutes, as "an independent certified public accountant licensed under chapter 473."
The independent auditor must state that the audit complied with the applicable provisions noted above. The
audits must be received by the Division no later than nine months from the end of the Recipient's fiscal year.
e. The Recipient must send copies of reporting packages required under this paragraph directly to each of the
following:
i.
The Division of Emergency Management
DEMSingle_Audit@em.myflorida.com
5
OEM
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
The Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
f. Fund payments are considered to be federal financial assistance subject to the Single Audit Act and the
related provisions of the Uniform Guidance.
10) REPORTS
a. The Recipient must provide the Secretary with periodic reports providing a detailed accounting of the uses of
such funds by such non -entitlement unit of local government including such other information as the Secretary
may require for administration of the Coronavirus Local Fiscal Recovery Fund. Concurrently, Recipients must
provide to the Division a copy of the report given to the Secretary.
b. Failure by Recipient to submit all required reports and copies may result in the Division's withholding of further
payments until all such documents are submitted to the Division and deemed to be satisfactory.
c. The Recipient must provide additional program updates or information if requested by the Division.
11) LIABILITY.
Any Recipient which is a state agency or subdivision, as defined in section 768.28, Florida Statutes, agrees
to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the
Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent
set forth in section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign
immunity by any party to which sovereign immunity applies. Nothing herein will be construed as consent by a
state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of this
Agreement.
12) TERMINATION
a. The Division may terminate this Agreement immediately for cause upon written notice to Recipient. Cause
includes, but is not limited to, misuse of funds, fraud, non-compliance with ARPA, Treasury Guidance, or other
applicable rules, laws and regulations, or failure by the Recipient to afford timely public access to any
document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes.
b. The Division may terminate this Agreement for convenience upon thirty (30) days' prior written notice to
Recipient.
c. In the event this Agreement is terminated, the Recipient must not incur new obligations for the terminated
portion of this Agreement after it has received the notification of termination. The Recipient must cancel as
many outstanding obligations as possible. Obligations incurred after receipt of the termination notice will be
disallowed. The Recipient will not be relieved of liability to the Division because of any breach of this
Agreement by the Recipient. The Division may, if and to the extent permitted by ARPA and Treasury
Guidance, withhold payments to the Recipient for the purpose of set-off until the exact amount due the Division
from the Recipient is determined and resolved.
13) MISCELLANEOUS
a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and
materials submitted or provided by the Recipient in this Agreement, in any later submission or response to a
Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said
information, representations, and materials is incorporated by reference. The inaccuracy of the submissions
D
or any material changes will, at the option of the Division and with thirty (30) days written notice to the
Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to
the Recipient.
b. This Agreement must be construed under the laws of the State of Florida, and venue for any actions arising
out of this Agreement will be in the Circuit Court of Leon County. If any provision of this Agreement is in
conflict with any applicable statute or rule, or is unenforceable, then the provision is null and void to the extent
of the conflict, and is severable, but does not invalidate any other provision of this Agreement.
c. Any power of approval or disapproval granted to the Division under the terms of this Agreement will survive
the term of this Agreement.
d. This Agreement may be executed in any number of counterparts, any one of which may be taken as an
original.
e. The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C.
Section 12101 et seq.), which prohibits discrimination by public and private entities on the basis of disability
in employment, public accommodations, transportation, State and local government services, and
telecommunications.
f. The Recipient must comply with any Statement of Assurances incorporated as Attachment D.
g. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on
the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building
or public work, may not submit bids on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and
may not transact business with any public entity in excess of $25,000.00 for a period of thirty-six (36) months
from the date of being placed on the convicted vendor list or on the discriminatory vendor list.
h. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Florida
Statutes, or the Florida Constitution.
i. All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a
proper pre -audit and post -audit thereof.
j. Any bills for travel expenses must be submitted in accordance with section 112.061, Florida Statutes.
k. This Agreement, upon execution, contains the entire agreement of the parties and no prior written or oral
agreement, express or implied, shall be admissible to contradict the provisions of this Agreement.
I. This Agreement may not be modified except by formal written amendment executed by both of the parties.
m. If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, they must use
the interest earned or other proceeds of these investments only to cover expenditures incurred in accordance
with section 603 of the Social Security Act and the Guidance on eligible expenses. If a government deposits
Fiscal Recovery Fund payments in a government's general account, it may use those funds to meet immediate
cash management needs provided that the full amount of the payment is used to cover necessary
expenditures. Fund payments are not subject to the Cash Management Improvement Act of 1990, as
amended. The State of Florida will not intentionally award publicly -funded contracts to any contractor who
knowingly employs unauthorized alien workers, constituting a violation of the employment provisions
contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The
Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e)
of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the
INA will be grounds for unilateral cancellation of this Agreement by the Division.
n. The Recipient is subject to Florida's Government in the Sunshine Law (section 286.011, Florida Statutes) with
respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making
recommendations to the governing board. All of these meetings must be publicly noticed, open to the public,
and the minutes of all the meetings will be public records, available to the public in accordance with Chapter
119, Florida Statutes.
o. All expenditures of state or federal financial assistance must be in compliance with the laws, rules and
regulations applicable to expenditures of State funds, including but not limited to, the Reference Guide for
State Expenditures.
p. In accordance with section 215.971(1)(d), Florida Statutes, the Recipient may expend funds authorized by
this Agreement only for allowable costs resulting from obligations incurred during the specific agreement
period.
7
q. Any balances of unobligated cash that have been advanced or paid that are not authorized to be retained for
direct program costs in a subsequent period must be refunded to the Secretary.
r. If the purchase of the asset was consistent with the limitations on the eligible use of Fiscal Recovery Funds
provided by ARPA and Treasury Guidance, the Recipient may retain the asset. If such assets are disposed
of prior to December 31, 2024, the proceeds would be subject to the restrictions on the eligible use of Fiscal
Recovery Funds provided by ARPA.
14) LOBBYING PROHIBITION
a. 2 CFR §200.450 prohibits reimbursement for costs associated with certain lobbying activities.
b. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to
a contract or grant to any person or organization unless the terms of the grant or contract prohibit the
expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency."
c. No funds or other resources received from the Division under this Agreement may be used directly or indirectly
to influence legislation or any other official action by the Florida Legislature or any state agency.
d. The Recipient certifies the following:
i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Recipient, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement.
ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan or cooperative agreement, the Recipient must complete and submit
Standard Form -LLL, "Disclosure of Lobbying Activities."
iii. The Recipient must require that this certification be included in the award documents for all subawards
including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)
and that all Recipients shall certify and disclose.
iv. This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to
file the required certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
15) REQUIRED CONTRACTUAL PROVISIONS
EQUAL OPPORTUNITY EMPLOYMENT
i. In accordance with 41 CFR §60-1.4(b), the Recipient hereby agrees that it will incorporate or cause
to be incorporated into any contract for construction work, or modification thereof, as defined in the
regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with
funds obtained from the Federal Government or borrowed on the credit of the Federal Government
pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal
program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity
clause:
During the performance of this contract, the contractor agrees as follows:
The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
The contractor will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment without regard to their race, color, religion, sex,
sexual orientation, gender identity, or national origin. Such action shall include, but not be
limited to the following:
E:3
a. Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The contractor agrees to post in
conspicuous places, available to employees and applicants for employment, notices
to be provided setting forth the 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 that all qualified applicants will receive considerations for employment
without regard to race, color, religion, sex, sexual orientation, gender identity, or national
origin.
3. The contractor will not discharge or in any other manner discriminate against any employee
or applicant for employment because such employee or applicant has inquired about,
discussed, or disclosed the compensation of the employee or applicant or another employee
or applicant. This provision shall not apply to instances in which an employee who has access
to the compensation information of other employees or applicants as a part of such
employee's essential job functions discloses the compensation of such other employees or
applicants to individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an investigation,
proceeding, hearing, or action, including an investigation conducted by the employer, or is
consistent with the contractor's legal duty to furnish information.
4. The contractor will send to each labor union or representative of workers with which he has
a collective bargaining agreement or other contract or understanding, a notice to be provided
advising the said labor union or workers' representatives of the contractor's commitments
under this section, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
5. The contractor will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
6. The contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or
pursuant 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.
7. In the event of the contractor's noncompliance with the nondiscrimination clauses of this
Agreement or with any of the said rules, regulations, or orders, this Agreement may be
canceled, terminated, or suspended in whole or in part and the contractor may be declared
ineligible for further Government contracts or federally assisted construction contracts in
accordance with procedures authorized in Executive Order 11246 of September 24, 1965,
and such other sanctions may be imposed and remedies invoked as provided in Executive
Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor,
or as otherwise provided by law.
8. The contractor will include the portion of the sentence immediately preceding paragraph
1(a)(ii) of this section and the provisions of subparagraphs (1) through (8) 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 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 agency
may direct as a means of enforcing such provisions, including sanctions for noncompliance.
Provided, however, that in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the administering
agency, the contractor may request the United States to enter into such litigation to protect
the interests of the United States.
b. COPELAND ANTI -KICKBACK ACT
i. The Recipient hereby agrees that, unless exempt under Federal law, it will incorporate or cause to be
incorporated into any contract for construction work, or modification thereof, the following clause:
9
Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the
requirements of 29 CFR pt. 3 as may be applicable, which are incorporated by reference
into this contract."
ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause in
subsection b(i) above and such other clauses as the Secretary may by appropriate instructions
require, and also a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or
lower tier subcontractor with all of these contract clauses.
iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and
for debarment as a contractor and subcontractor as provided in 29 CFR § 5.12.
c. CONTRACT WORK HOURS AND SAFETY STANDARDS
If the Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $100,000
and involves the employment of mechanics or laborers, then any such contract must include a provision for
compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR
Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work
week is permissible provided that the worker is compensated at a rate of not less than one and a half times
the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40
U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to
work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open
market, or contracts for transportation.
d. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT
If the Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $150,000,
then any such contract must include the following provision:
Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean
Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-
1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency
EPA)."
e. SUSPENSION AND DEBARMENT
If the Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract
must include the following provisions:
i. This contract is a covered transaction for purposes of 2 CFR pt. 180 and 2 CFR pt. 3000. As such
the contractor is required to verify that neither the contractor, its principals (defined at 2 CFR §
180.995), nor its affiliates (defined at 2 CFR § 180.905) are excluded (defined at 2 CFR § 180.940)
or disqualified (defined at 2 CFR § 180.935).
ii. The contractor must comply with 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C and must
include a requirement to comply with these regulations in any lower tier covered transaction into which
it enters.
iii. This certification is a material representation of fact relied upon by the Division. If it is later determined
that the contractor did not comply with 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C, in
addition to remedies available to the Division, the Federal Government may pursue available
remedies, including, but not limited to, suspension and/or debarment.
iv. The bidder or proposer agrees to comply with the requirements of 2 CFR pt. 180, subpart C and 2
CFR pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may
arise from this offer. The bidder or proposer further agrees to include a provision requiring such
compliance in its lower tier covered transactions.
10
f. BYRD ANTI -LOBBYING AMENDMENT
If the Recipient enters into a contract using funds authorized by this Agreement, then any such contract must
include the following clause:
Byrd Anti -Lobbying Amendment, 31 USC § 1352 (as amended). Contractors who apply or bid for an award
of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and
has not used Federal appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or
an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other
award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that
takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier
up to the Recipient."
16) ATTACHMENTS. The parties agree to, and incorporate as though set forth fully herein, the following exhibits and
attachments:
Exhibit 1 Funding Sources
Attachment A ARPA Coronavirus Local Fiscal Recovery Fund Eligibility Certification
Attachment B Certification Regarding Lobbying
Attachment C Program Statutes and Regulations
Attachment D Statement of Assurances
Attachment E Award Terms and Conditions
17) LEGAL AUTHORIZATION. The Recipient certifies that its governing body has authorized the Recipient's execution
of this Agreement and that the undersigned person has the authority to legally execute and bind the Recipient to the
terms of this Agreement.
RECIPIENT
SunnyIsle Beach, City of
By-
Name and title: . kM irtbr kt r
Date: 9 /t A O L N
FEIN : 6B0784647
DUNS: 079608491
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
Bv:
Name and Title: Kevin Guthrie, Director
Date:
C t flav-_wJ c k
11
Exhibit 1
Funding Sources
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT, SUBJECT TO SECTION
215.97, FLORIDA STATUTES, CONSIST OF THE FOLLOWING:
State Project -
State awarding agency: Florida Division of Emergency Management
Catalog of State Financial Assistance title: Coronavirus State and Local Fiscal Recovery Funds (CSFRF)
Catalog of Federal Domestic Assistance number: 21.027
Amount of State Funding: $10,920,613.00
12
Attachment A
ARPA Coronavirus Local Fiscal Recovery Fund Eligibility Certification
I, , am the Authorized
Agent of Sunny Isles Beach, City of ("Recipient") and I certify that:
1. 1 have the authority on behalf of the Recipient to request fund payments from the State of Florida ("State") for
federal funds appropriated pursuant to section 603 of the Social Security Act, as added by section 9901 of the
American Rescue Plan Act, Pub. L. No. 117-2, Title VI (March 11, 2021).
2. 1 have submitted to the State the Recipient's Total Budget in effect as of January 27, 2020, as defined by the
United States Department of the Treasury, the annual operating budget including general fund and other funds.
3. 1 understand that the State will rely on this certification as a material representation in making grant payments to
the Recipient.
4. 1 acknowledge that the Recipient should keep records sufficient to demonstrate that the expenditure of funds it
has received is in accordance with section 603(a) of the Social Security Act.
5. 1 acknowledge that all records and expenditures are subject to audit by the United States Department of
Treasury's Inspector General, the Florida Division of Emergency Management, and the Florida State Auditor
General, or designee.
6. 1 acknowledge that the Recipient has an affirmative obligation to identify and report any duplication of benefits. I
understand that the State has an obligation and the authority to de -obligate or offset any duplicated benefits.
7. 1 acknowledge and agree that the Recipient shall be liable for any costs disallowed pursuant to financial or
compliance audits of funds received.
8.1 acknowledge that if the Recipient has not obligated the funds it has received to cover costs that were incurred
by December 31, 2024, as required by the statute, those funds must be returned to the United States Department of
the Treasury.
9. 1 acknowledge that the Recipient's proposed uses of the funds provided as grant payments from the State by
federal appropriation under section 603 of the Social Security Act will be used only to cover those costs that:
a. to respond to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19) or
its negative economic impacts, including assistance to households, small businesses, and nonprofits, or
aid to impacted industries such as tourism, travel, and hospitality;
b. to respond to workers performing essential work during the COVID-19 public health emergency by
providing premium pay to eligible workers of the metropolitan city, non -entitlement unit of local
government, or county that are performing such essential work, or by providing grants to eligible employers
that have eligible workers who perform essential work;
c. for the provision of government services to the extent of the reduction in revenue of such metropolitan
city, non -entitlement unit of local government, or county due to the COVID-19 public health emergency
relative to revenues collected in the most recent full fiscal year of the metropolitan city, non -entitlement unit
of local government, or county prior to the emergency; or
d. to make necessary investments in water, sewer, or broadband infrastructure.
In addition to each of the statements above, I acknowledge on submission of this certification that my jurisdiction
has incurred eligible expenses during the period that begins on March 3, 2021 and ends on December 31, 2024.
13
By:
Signature:
Title: C- t tj r
Date: '/fie 6/,Z d s
14
Attachment B
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned Recipient, , certifies, to the best of
his or her knowledge that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence any officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or
cooperative agreement, the undersigned shall complete and submit Standard Form — LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all Recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by 31 U.S.C. Sec. 1352 (as amended by the Lobbying Disclosure Act of 119). Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
The Recipient, , certifies or
affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition,
Recipient understands and agrees that the provisions of 31 U.S.C. Sec. 3801 et seq. apply to his certification and
disclosure, if any.
By:
Signature.
y
Title:— G Ifi 1"gh0. jc 1(
Date:—
15
Attachment C
Program Statutes and Regulations
42 U.S.C. 801 Social Security Act Coronavirus State and Local Fiscal Recovery Funds
Title 31, Part 35, Code of Federal Treasury Interim Final Rule
Regulations
Section 215.422, Florida Statutes Payments, warrants, and invoices; processing time limits; dispute limitation; agency
or judicial branch compliance
Section 215.971, Florida Statutes Agreements funded with federal and state assistance
Section 216.347, Florida Statutes Disbursement of grant and aids appropriations for lobbying prohibited
CFO MEMORANDUM NO. 04 (2005-06)Compliance Requirements for Agreements
W01
OMB Approved No. 1505-0271
Expiration Date: November 30, 2021
ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS
ASSURANCES OF COMPLIANCE WITH TITLE VI OF THE
CIVIL RIGHTS ACT OF 1964
As a condition of receipt of federal financial assistance from the Department of the Treasury, the
recipient named below (hereinafter referred to as the "Recipient") provides the assurances stated herein. The
federal financial assistance may include federal grants, loans and contracts to provide assistance to the
Recipient's beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a
loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal
financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses,
procurement contracts by the Federal government at market value, or programs that provide direct benefits.
The assurances apply to all federal financial assistance from or funds made available through the
Department of the Treasury, including any assistance that the Recipient may request in the future.
The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of
the operations of the Recipient's program(s) and activity(ies), so long as any portion of the Recipient's
program(s) or activity(ies) is federally assisted in the manner prescribed above.
1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as
amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to
discrimination under programs and activities receiving federal financial assistance, of any person in the
United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by
the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders
such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents.
2. Recipient acknowledges that Executive Order 13166, "Improving Access to Services for Persons with
Limited English Proficiency," seeks to improve access to federally assisted programs and activities for
individuals who, because of national origin, have Limited English proficiency (LEP). Recipient
understands that denying a person access to its programs, services, and activities because of LEP is a form
of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the
Department of the Treasury's implementing regulations. Accordingly, Recipient shall initiate reasonable
steps, or comply with the Department of the Treasury's directives, to ensure that LEP persons have
meaningful access to its programs, services, and activities. Recipient understands and agrees that
meaningful access may entail providing language assistance services, including oral interpretation and
written translation where necessary, to ensure effective communication in the Recipient's programs,
services, and activities.
3. Recipient agrees to consider the need for language services for LEP persons when Recipient develops
applicable budgets and conducts programs, services, and activities. As a resource, the Department of the
Treasury has published its LEP guidance at 70 FR 6067. For more information on taking reasonable steps
to provide meaningful access for LEP persons, please visit http://www.lep.gov.
17
4. Recipient acknowledges and agrees that compliance with the assurances constitutes a condition of continued
receipt of federal financial assistance and is binding upon Recipient and Recipient's successors, transferees,
and assignees for the period in which such assistance is provided.
5. Recipient acknowledges and agrees that it must require any sub -grantees, contractors, subcontractors,
successors, transferees, and assignees to comply with assurances 1-4 above, and agrees to incorporate the
following language in every contract or agreement subject to Title VI and its regulations between the
Recipient and the Recipient's sub -grantees, contractors, subcontractors, successors, transferees, and
assignees:
The sub -grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title
VI of the Civil Rights Act of 1964, which prohibits recipients offederal financial assistance from
excluding from a program or activity, denying benefits of, or otherwise discriminating against a person
on the basis of race, color, or national origin (42 U.S. C. § 2000d et seq), as implemented by the
Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by
reference and made a part of this contract (or agreement). Title VI also includes protection to persons
with "Limited English Proficiency" in any program or activity receiving federal financial assistance, 42
U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31
CFR Part 22, and herein incorporated by reference and made apart of this contract or agreement.
6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid
of federal financial assistance by the Department of the Treasury, this assurance obligates the Recipient, or
in the case of a subsequent transfer, the transferee, for the period during which the real property or structure
is used for a purpose for which the federal financial assistance is extended or for another purpose involving
the provision of similar services or benefits. If any personal property is provided, this assurance obligates
the Recipient for the period during which it retains ownership or possession of the property.
7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the
Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation,
litigation, and monitoring of any settlement agreements that may result from these actions. The Recipient
shall comply with information requests, on-site compliance reviews and reporting requirements.
8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of
discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by
Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all
such reviews or proceedings based on the complaint, pending or completed, including outcome. Recipient
also must inform the Department of the Treasury if Recipient has received no complaints under Title VI.
9. Recipient must provide documentation of an administrative agency's or court's findings of non-compliance
of Title VI and efforts to address the non-compliance, including any voluntary compliance or other
In
agreements between the Recipient and the administrative agency that made the finding. If the
Recipient settles a case or matter alleging such discrimination, the Recipient must provide
documentation of the settlement. If Recipient has not been the subject of any court or
administrative agency finding of discrimination, please so state.
10. If the Recipient makes sub -awards to other agencies or other entities, the Recipient is
responsible for ensuring that sub -recipients also comply with Title VI and other
applicable authorities covered in this document State agencies that make sub -awards
must have in place standard grant assurances and review procedures to demonstrate that
that they are effectively monitoring the civil rights compliance of sub- recipients.
The United States of America has the right to seek judicial enforcement of the terms of
this assurances document and nothing in this document alters or limits the federal enforcement
measures that the United States may take in order to address violations of this document or
applicable federal law.
Under penalty of perjury, the undersigned official(s) certifies that official(s) has read and
understood the Recipient's obligations as herein described, that any information submitted in
conjunction with this assurances document is accurate and complete, and that the Recipient is in
compliance with the aforementioned nondiscrimination requirements.
Sunny Is s each, City of
Signature of Authorized Official
PAPERWORK REDUCTION ACT NOTICE
d12 °i.
Date
r
The information collected will be used for the U.S. Government to process requests for support. The estimated
burden associated with this collection of information is 30 minutes per response. Comments concerning the
accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Office of
Privacy, Transparency and Records, Department of the Treasury, 1500 Pennsylvania Ave., N.W., Washington, D.C.
20220. DO NOT send the form to this address. An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a valid control number assigned by OMB.
19
OMB Approved No. 1505-0271
Expiration Date: November 30, 2021
U.S. DEPARTMENT OF THE TREASURY
CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS
Recipient name and address:
Sunny Isles Beach, City of
Address:
DUNS Number: 079608491
Taxpayer Identification Number: 650784647
Assistance Listing Number: 21.027
Sections 602(b) and 603(b) of the Social Security Act (the Act) as added by section 9901 of the
American Rescue Plan Act, Pub. L. No. 117-2 (March 11, 202 1) authorize the Department of the
Treasury (Treasury) to make payments to certain recipients from the Coronavirus State Fiscal
Recovery Fund and the Coronavirus Local Fiscal Recovery Fund.
Recipient hereby agrees, as a condition to receiving such payment from Treasury, to the terms
attached hereto.
Recipient: Sunny Isles Beach City of
Au*Jed6resentative:
Title: C 1} tAa tit@%0 t K
Date signed: 1 6 101-
U.S. Department of the Treasury:
Authorized Representative:
Title:
Date:
PAPERWORK REDUCTION ACT NOTICE
The information collected will be used for the U.S. Government to process requests for support. The
estimated burden associated with this collection of information is 15 minutes per response. Comments
concerning the accuracy of this burden estimate and suggestions for reducing this burden should be
directed to the Office of Privacy, Transparency and Records, Department of the Treasury, 1500
Pennsylvania Ave., N.W., Washington, D.C. 20220. DO NOT send the form to this address. An agency
may not conduct or sponsor, and a person is not required to respond to, a collection of information unless
it displays a valid control number assigned by OMB.
20
U.S. DEPARTMENT OF THE TREASURY
CORONAVIRUS LOCAL FISCAL RECOVERY FUND
AWARD TERMS AND CONDITIONS
Use of Funds.
a. Recipient understands and agrees that the funds disbursed under this award may only be used
in compliance with section 603(c) of the Social Security Act (the Act), Treasury's
regulations implementing that section, and guidance issued by Treasury regarding the
foregoing.
b. Recipient will determine prior to engaging in any project using this assistance that it has the
institutional, managerial, and financial capability to ensure proper planning, management,
and completion of such project.
2. Period of Performance. The period of performance for this award begins on the date hereof and
ends on December 31, 2026. As set forth in Treasury's implementing regulations, Recipient
may use award funds to cover eligible costs incurred during the period that begins on March 3,
2021, and ends on December 31, 2024.
3. Reporting. Recipient agrees to comply with any reporting obligations established by Treasury
as they relate to this award.
4. Maintenance of and Access to Records
a. Recipient shall maintain records and financial documents sufficient to evidence compliance
with section 603(c) of the Act, Treasury's regulations implementing that section, and
guidance issued by Treasury regarding the foregoing.
b. The Treasury Office of Inspector General and the Government Accountability Office, or
their authorized representatives, shall have the right of access to records (electronic and
otherwise) of Recipient in order to conduct audits or other investigations.
c. Records shall be maintained by Recipient for a period of five (5) years after all funds have
been expended or returned to Treasury, whichever is later.
Pre -award Costs. Pre -award costs, as defined in 2 C.F.R. § 200.458, may not be paid with
funding from this award.
6. Administrative Costs. Recipient may use funds provided under this award to cover both direct
and indirect costs.
7. Cost Sharing. Cost sharing or matching funds are not required to be provided by Recipient.
Conflicts of Interest. Recipient understands and agrees it must maintain a conflict of interest
policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy is
applicable to each activity funded under this award. Recipient and subrecipients must
disclose in writing to Treasury or the pass-through entity, as appropriate, any potential
conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112.
22
9. Compliance with Applicable Law and Regulations.
a. Recipient agrees to comply with the requirements of section 603 of the Act, regulations
adopted by Treasury pursuant to section 603 (f) of the Act, and guidance issued by Treasury
regarding the foregoing. Recipient also agrees to comply with all other applicable federal
statutes, regulations, and executive orders, and Recipient shall provide for such compliance
by other parties in any agreements it enters into with other parties relating to this award.
b. Federal regulations applicable to this award include, without limitation, the following:
i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may
determine are inapplicable to this Award and subject to such exceptions as may be
otherwise provided by Treasury. Subpart F — Audit Requirements of the Uniform
Guidance, implementing the Single Audit Act, shall apply to this award.
ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25,
pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is
hereby incorporated by reference.
iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170,
pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is
hereby incorporated by reference.
iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or
condition in all lower tier covered transactions (contracts and subcontracts described
in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and
Treasury's implementing regulation at 31 C.F.R. Part 19.
V. Recipient Integrity and Performance Matters, pursuant to which the award term set
forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by
reference.
Vi. Governmentwide Requirements for Drug -Free Workplace, 31 C.F.R. Part 20.
vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42
U.S.C.
4601-4655) and implementing regulations.
ix. Generally applicable federal environmental laws and regulations.
c. Statutes and regulations prohibiting discrimination applicable to this award include,
without limitation, the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and
23
Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit
discrimination on the basis of race, color, or national origin under programs or
activities receiving federal financial assistance;
ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§
3601 et seq.), which prohibits discrimination in housing on the basis of race,
color, religion, national origin, sex, familial status, or disability;
iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794),
which prohibits discrimination on the basis of disability under any program or
activity receiving federal financial assistance;
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.),
and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit
discrimination on the basis of age in programs or activities receiving federal
financial assistance; and
V. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C.
12101 et seq.), which prohibits discrimination on the basis of disability
under programs, activities, and services provided or made available by state and
local governments or instrumentalities or agencies thereto.
10. Remedial Actions. In the event of Recipient's noncompliance with section 603 of the Act,
other applicable laws, Treasury's implementing regulations, guidance, or any reporting or
other program requirements, Treasury may impose additional conditions on the receipt of a
subsequent tranche of future award funds, if any, or take other available remedies as set
forth in 2 C.F.R. § 200.339. In the case of a violation of section 603(c) of the Act regarding
the use of funds, previous payments shall be subject to recoupment as provided in section
603(e) of the Act.
11. Hatch Act. Recipient agrees to comply, as applicable, with requirements of the Hatch Act (5
U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or
local government employees whose principal employment is in connection with an
activity financed in whole or in part by this federal assistance.
12. False Statements. Recipient understands that making false statements or claims in connection
with this award is a violation of federal law and may result in criminal, civil, or administrative
sanctions, including fines, imprisonment, civil damages and penalties, debarment from
participating in federal awards or contracts, and/or any other remedy available by law.
13. Publications. Any publications produced with funds from this award must display the
following language: "This project [is being] [was] supported, in whole or in part, by federal
award number [enter project FAIN] awarded to [name of Recipient] by the U.S. Department
of the Treasury."
14. Debts Owed the Federal Government.
a. Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally
determined to be authorized to retain under the terms of this award; (2) that are
24
determined by the Treasury Office of Inspector General to have been misused; or (3)
that are determined by Treasury to be subject to a repayment obligation pursuant to
section 603(e) of the Act and have not been repaid by Recipient shall constitute a debt
to the federal government.
b. Any debts determined to be owed the federal government must be paid promptly by
Recipient. A debt is delinquent if it has not been paid by the date specified in
Treasury's initial written demand for payment, unless other satisfactory arrangements
have been made or if the Recipient knowingly or improperly retains funds that are a
debt as defined in paragraph 14(a). Treasury will take any actions available to it to
collect such a debt.
15. Disclaimer.
a. The United States expressly disclaims any and all responsibility or liability to Recipient
or third persons for the actions of Recipient or third persons resulting in death, bodily
injury, property damages, or any other losses resulting in any way from the
performance of this award or any other losses resulting in any way from the
performance of this award or any contract, or subcontract under this award.
b. The acceptance of this award by Recipient does not in any way establish an agency
relationship between the United States and Recipient.
16. Protections for Whistleblowers.
a. In accordance with 41 U.S.C. § 4712, Recipient may not discharge, demote, or otherwise
discriminate against an employee in reprisal for disclosing to any of the list of persons or
entities provided below, information that the employee reasonably believes is evidence of
gross mismanagement of a federal contract or grant, a gross waste of federal funds, an
abuse of authority relating to a federal contract or grant, a substantial and specific danger
to public health or safety, or a violation of law, rule, or regulation related to a federal
contract (including the competition for or negotiation of a contract) or grant.
b. The list of persons and entities referenced in the paragraph above includes the following:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or management;
V. An authorized official of the Department of Justice or other law
enforcement agency;
vi. A court or grand jury; or
vii. A management official or other employee of Recipient, contractor, or
subcontractor who has the responsibility to investigate, discover, or address
misconduct.
c. Recipient shall inform its employees in writing of the rights and remedies provided under
this section, in the predominant native language of the workforce.
17. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR
25
19217 (Apr. 18, 1997), Recipient should encourage its contractors to adopt and enforce on-
the- job seat belt policies and programs for their employees when operating company-
owned, rented or personally owned vehicles.
18. Reducing; Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225
Oct. 6, 2009), Recipient should encourage its employees, subrecipients, and contractors to
adopt and enforce policies that ban text messaging while driving, and Recipient should
establish workplace safety policies to decrease accidents caused by distracted drivers.
26
0,T4 '
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
305) 947-0606 City Hall
305) 949-3113 Fax
MEMORANDUM
TO:
Honorable Mayor and City Commissioners
VIA:
Christopher J. Russo, City Manager
FROM:
Tiffany Neely, Finance Director
DATE:
September 14, 2021
RE:
American Rescue Plan Act Coronavirus Local Fiscal Recovery Fund Agreement and Creation of a
Special Revenue Fund
RECOMMENDATION:
Staff recommends approval of this Resolution.
REASONS:
The City must enter into the FDEM funding agreement to receive its allocation of Fiscal Recovery
Funds in the amount of Ten Million Nine Hundred Twenty Thousand Six Hundred Thirteen Dollars
10,920,613.00), 50% will be given upon receipt of the signed agreement and the remaining 50%
one year later.
The City will establish a separate Special Revenue Fund entitled American Rescue Plan Act of
2021 Fund in order to ensure proper accountability and accurate tracking and reporting of spent
funds for eligible uses.
ATTACHMENTS:
Resolution
Agreement
Department of Emergency Management Memorandum
Item Number: 10.1
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 70
ATTACHMENT C
EXCEL PRICE SHEET – UPLOADED AS A
SEPARATE LINK ON DEMANDSTAR
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 71
ATTACHMENT D
BUY AMERICA CERTIFICATE
PROPOSER:
1
BUY AMERICA CERTIFICATE
FOR COMPLIANCE WITH TITLE 49 USC § 5323(J)(1) (For
Procurement of Steel, Iron, or Manufactured Products)
(EXCLUDES ROLLING STOCK)
The Bidder/Proposer hereby certifies that it will comply with the requirements of Title 49 USC §
5323(j)(1) and the applicable regulations in 49 CFR Part 661.
Executed on , 20 , at ,
(Date) (City) (State)
Typewritten or Printed Name Signature of Authorized
Official
Title
BUY AMERICA CERTIFICATE FOR NON-COMPLIANCE WITH TITLE 49 USC §. 5323(J)(1)
The Bidder/Proposer hereby certifies that it cannot comply with the requirements of Title 49
USC § 5323(j)(1), but it may qualify for an exception pursuant to Title 49 USC § 5323(j)(2)(B) or
(j)(2)(D) and the regulations in 49 CFR 661.7.
Executed on , 20 , at ,
(Date) (City) (State)
Typewritten or Printed Name Signature of Authorized
Official
Title
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 72
AFFIDAVITS
NON-COLLUSION AFFIDAVIT
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
STATE OF FLORIDA )
)
COUNTY OF _____________)
The undersigned being first duly sworn as provided by law, deposes, and says:
This Affidavit is made with the knowledge and intent that it is to be filed with the City of Sunny Isles Beach City Commission and that it will be
relied upon by said County, in any consideration which may give to and any action it may take with respect to this Bid.
The undersigned is authorized to make this Affidavit on behalf of,
_____________________________________________________________
(Name of Corporation, Partnership, Individual, etc.)
a, ________________________________, formed under the laws of _____________
(Type of Business) (State)
of which he is ________________________________________________.
(Sole Owner, Partner, President, etc.)
Neither the undersigned nor any person, firm, or corporation named above nor anyone else to the knowledge of the undersigned, have
themselves solicited or employed anyone else to solicit favorable action for this Bid by the City, also that no head of any department or
employee therein, or any officer of the City of Sunny Isles Beach, Florida is directly interested therein.
This Bid is genuine and not collusive or a sham; the person, firm or corporation named above has not colluded, conspired, connived or agreed
directly or indirectly with any proposers or person, firm or corporation, to put in a sham Bid, or that such person, firm or corporation, shall
refrain from Bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference with
any person, firm or corporation, to fix the prices of said Bid or Bids of any other proposers; and all statements contained in the Bid or Bids
described above true; and further; neither the undersigned, nor the person, firm or corporation named above has directly or indirectly
submitted said Bid or the contents thereof, or divulged information or data relative thereto, to any association or to any member or agent
thereof.
___________________________________ ___________________________________
AFFIANT’S NAME AFFIANT’S TITLE
TAKEN, SWORN AND SUBSCRIBED TO BEFORE ME this _____ day of _______________________, 20 _.
Personally Known ________ or Produced Identification ________;
Type of identification ___________________________________
(Affix seal here)
___________________________________
NOTARY PUBLIC (name printed or typed)
PUBLIC ENTITY CRIMES
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a)
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
PUBLIC ENTITY CRIMES
Pursuant to the provisions of paragraph (2) (a) of Section 287.133, Florida State Statutes - "A person or affiliate
who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a
Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a
public entity for the construction or repair of a public building or public Work, may not submit Bids on 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 of 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 to City of Sunny Isles Beach _____________
by____________________________________________________________________________
[print individual’s name and title]
for____________________________________________________________________________
[print name of entity submitting sworn statement]
whose business address is:
_______________________________________________________________________________
_______________________________________________________________________________
and (if applicable) its Federal Employer Identification number (FEIN) is_____________________.
(If the entity had no FEIN, include the Social Security Number of the individual signing this sworn
statement:_________________________________.)
2.I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a
violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or with the
United States, including, but not limited to, any Bid or Contract for goods or services to be provided to any
public entity or an agency or political subdivision of any other state of the United States and involving
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
3.I understand that "convicted" or "conviction" as defined in 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.
4.I understand that an "affiliate" as defined in Para. 287.133(1)(a), Florida Statutes, means:
a.) predecessor or successor of a person convicted of a public entity crime; 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 crime. The term "affiliate" 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 equipment or income among persons when not for fair
market value under an arm's length 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 convicted of a public entity crime in Florida during the preceding 36 months shall be
considered an affiliate.
5.I understand that a "person" as defined in Para. 287.133(1)(e), Florida Statutes, means any natural
person or entity organized under the laws of any state or of the United States with the legal power to
enter into a binding Contract and which Bids or applies to Bid on Contracts for the provision of goods or
services let 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 relation to the entity
submitting this sworn statement. (Indicate 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 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.
____ 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 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 SUBMISSION 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. I
ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO
A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA
STATUTES, FOR CATEGORY TWO OF ANY, CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
By:
______________________________________
(Signature)
______________________________________
(Printed Name)
______________________________________
(Title)
Sworn to and subscribed before me this ______ day of_______________________, 20_____, by
__________________________________________________.
(AFFIX NOTARY STAMP HERE) ______________________________________
Signature: Notary Public – State of Florida
______________________________________
Print or Type Commissioned Name
Personally Known __________ OR Produced Identification __________
Type of Identification Produced ________________________________
EQUAL OPPORTUNITY /
AFFIRMATIVE ACTION
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 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 spirit of
federal, state, and local laws and regulations prohibiting discrimination based on race,
color, religion, national region, sex, age, handicap, marital status, and political affiliation or
belief.
Signed: ________________________________________
Title: ________________________________________
Firm: ________________________________________
Address: ________________________________________
________________________________________
C O N F L I C T O F I N T E R E S T
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles each, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
CONFLICT OF INTEREST STATEMENT
The award of 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
COUNTY OF ________________________
BEFORE ME, the undersigned authority, personally appeared __________________________________________ ,
who was duly sworn, deposes, and states:
1.I am the _________________________ of __________________________________________ with a local
office in ______________________________________________________________________ and principal office
in ___________________________________________________________________________________________.
2.The above named entity is submitting a Bid for the City of Sunny Isles Beach, Bid No. _________________
described as _________________________________________________________. The Affiant has made diligent
inquiry and provides the information contained in this Affidavit based upon his own knowledge.
3.The Affiant states that only one submittal for the above Bid is being submitted and that the above named
entity has no financial interest in other entities submitting Bids for the same project.
4.Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement,
participated in any collusion, 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 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
interest due to any other clients, contracts, or property interests for this project.
7.I 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.
8.I certify that no member of the entity’s ownership or 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.
Dated this __________ day of __________________________________, 20____.
____________________________________________ ____________________________________
AFFIANT Print or Type Name and Title
Sworn to and subscribed before me this __________ day of ______________________________, 20____.
Personally Known, OR
Produced Identification - Type of Identification ____________________________________________
NOTARY PUBLIC STATE OF FLORIDA
_______________________________________________________ 5 of 8
DISPUTE DISCLOSURE
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
DISPUTE DISCLOSURE FORM
Answer the following questions by placing a “X” 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 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 __________
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 filed 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 __________ 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.
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 of Sunny Isles Beach.
________________________________________ ______________________________________
Firm Date
________________________________________ _______________________________________
Authorized Signature Print or Type Name and Title
ANTI-KICKBACK
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
ANTI-KICKBACK AFFIDAVIT
STATE OF FLORIDA )
)
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: ________________________________
The foregoing instrument was acknowledged before me this _____ day of
__________________, 20____, by _________________________________________ [name
of person], as __________________________________ [type of authority], for
________________________________ [name of party on behalf of whom instrument was
executed].
AFFIX NOTARY STAMP HERE:
_______________________________
Notary Public – State of Florida
________________________________
Print or Type Commissioned Name
Personally Known __________ OR Produced Identification __________
Type of Identification Produced ________________________________
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 com pliance with E-Verify requirements (as applicable). To enroll in E-Verif y, employers should visit
the E-Verify website (https://www.e-verify.gov/employers/enrolling-in-e-verify) and follow the
instructions. The contractor must, as usual, retain the I-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)
Notary Public Information
Sworn to and subscribed before me on this this day of , 2022.
By
Is personally known to me
Has produced identification (type of identification produced: )
Signature of Notary Public
Print or Stamp of Notary Public Expiration Date
BID BOND
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
STATE OF FLORIDA )
)
COUNTY OF ____________)
KNOW ALL MEN BY THESE PRESENTS, that we,_______________________________ as Principal, and
_______________________________________________________, as Surety, are held and firmly bound unto the City of Sunny Isles
Beach, a municipal corporation of the State of Florida in the sum of _______________________________ Dollars ($ __________), lawful
money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators
and successors jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Bid dated,
______________2010 for:
______________________________________________________________________.
WHEREAS, it was a condition precedent to the submission of said Bid that a cashier’s check or Bid Bond in the amount of five percent (5%) of
the Base Bid be submitted with said Bid as a guarantee that the Proposers would, if awarded the Contract, enter into a written Contract with
the City for the performance of said Contract, within ten (10) consecutive calendar days after written notice having been given of the Award of
the Contract.
NOW, THEREFORE, the conditions of this obligation are such that if the Principal within ten (10) consecutive calendar days after written
notice of such acceptance, enters into a written Contract with the City of Sunny Isles Beach and furnishes the Performance Bond, satisfactory
to the City, each in an amount equal to one hundred percent (100%) of the Contract Price, and provides all required Certificates of Insurance,
then this obligation shall be void; otherwise the sum herein stated shall be due and payable to the City of Sunny Isles Beach and the Surety
herein agrees to pay said sum immediately, upon demand of the City, in good and lawful money of the United States of America, as liquidated
damages for failure thereof of said Principal.
IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several seals this_____________day
of________________________,20 , the name and the corporate seal of each corporate party being hereto affixed and these presents
being duly signed by its undersigned representative.
DOCUMENT CONTINUES ON NEXT PAGE
IN PRESENCE OF:
__________________________________ _________________
Individual or Partnership Principal Affix Corporate Seal
_________________________________
Business Address
_________________________________
City, State, and Zip Code
_________________________________ _______________________________
Business Telephone Business Facsimile
ATTEST:
___________________________________ ______________________________ Secretary
(Corporate Surety)*
By:
*Impress Corporate Seal
IMPORTANT
Surety companies executing bonds must appear on the Treasury Department's most current list (circular 570 as amended) and be authorized
to transact business in the State of Florida.
DECEMBER 28, 2010
City of Sunny Isles Beach |Request for Proposal No. 22-04-01 73
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