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RFQ #2020-01
REQUEST FOR QUALIFICATIONS
CONSTRUCTION MANAGEMENT AT RISK SERVICES
INDIAN HARBOUR BEACH POLICE DEPARTMENT
INDIAN HARBOUR BEACH, FLORIDA
The City of Indian Harbour Beach announces that it is seeking qualifications from construction management
firms for a new facility for the Indian Harbour Beach Police Department located at Section 11, Township 27
South, Range 37 East on South Patrick Drive in Indian Harbour Beach, Brevard County, Florida.
This Request for Qualifications (RFQ) is for the construction of all site and building improvements of an
approximate 13,000 square foot stand-alone structure to be utilized as the Indian Harbour Beach Police
Department and for an approximately 900 square foot stand-alone storage building on the same site. The
design and construction minimum basis for this facility shall be the Florida Building Code 2017 Edition
Occupancy Risk Category IV. Special emphasis shall be on energy conservation criteria, with a design and
construction goal to qualify for a GREEN BUILDING Certification but certification will not be required.
Complete package is available on Onvia DemandStar (www.demandstar.com) or by contacting:
CONTACT: Sue Frank
ADDRESS: 2055 South Patrick Drive, Indian Harbour Beach, Florida 32937
Telephone 321-773-3181 Fax: 321-773-5080
Email address: [email protected]
Qualified responses will be reviewed and ranked by the City’s Selection Committee. Based on the number
of qualified responses received, the top ranked firms selected by the Committee, as a result of the
Committee’s review of the responses to the Request for Qualifications, will be requested to make a
presentation to the Selection Committee followed by an interview by the Selection Committee.
At least five (5) days prior to the interviews, the Selection Committee will provide the firms selected for a
presentation/interview with the documents that sets forth information regarding how the presentation and
interview will be conducted, evaluated, and ranked.
After the interviews, the Selection Committee will rank the finalists to determine the selected firm. The
ranking of the firms will be submitted to the Indian Harbour Beach City Council for ratification and approval.
The Negotiating Committee will then negotiate with the top ranked firm. Selection will be made in
accordance with the Florida Consultants Competitive Negotiations Act (F.S. 287.055). The City of Indian
Harbour Beach reserves the right to revise, delete portions, and/or limit the scope of professional services
and to reject any and all Responses.
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Reponses to this Request for Qualifications for Construction Management (At Risk) Services will be received
until 2:00 p.m. on January 6, 2020 January 13, 2020.
Note* Please ensure that if you use a third party carrier (Federal Express, Airborne, UPS, USPS, etc.) that
they are properly instructed to deliver your Proposal only to the above address. Delivery via the
USPS is at the vendor’s risk. To be considered, Proposals must be accepted by the City Clerk
of Indian Harbour Beach no later than the above date and time. If the Proposal is delivered
anywhere else, or after the above date and time, it will be rejected.
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RFQ #2020-01, REQUEST FOR QUALIFICATIONS CONSTRUCTION MANAGEMENT (AT-RISK) FOR
THE INDIAN HARBOUR BEACH POLICE FACILITY, INDIAN HARBOUR BEACH, FLORIDA
All firms and their agents are hereby placed on notice that they are not to contact, discuss or solicit any
members of the Indian Harbour Beach Police Department, or City Council or staff, with the exception of the
designated liaison regarding the RFQ until after award of the RFQ. Public meetings and public deliberations
of the selection are the only acceptable forum for the discussion of merits of products/services requested
by this Request for Qualifications; and written correspondence in regards to this Request for Qualifications
is to be submitted to the designated liaison. The non-voting staff member designated as the liaison is Sue
Frank, City Clerk, telephone: 321-773-3181, fax: 321-773-5080, [email protected]. Only the
designated liaison listed in this response may be contacted.
I. GENERAL TERMS AND CONDITIONS
A. All responses shall become the property of the City of Indian Harbour Beach. The sealed RFQ
documents will remain exempt from public records until notice of a decision or intended
decision or thirty (30) days after opening, whichever occurs first, as provided in Florida Statute
119.071(1)(b). Financial statements are exempt from disclosure.
B. All respondents must read the statement on Public Entity Crimes (Attachment A) and
acknowledge same prior to entering into a Contract with the City.
C. The City will not reimburse respondent for any costs associated with the preparation and
submittal of any responses to this Request for Qualifications (RFQ).
D. The awards made pursuant to this Request for Qualifications are subject to the provisions of
Chapter 112, Part III, Florida Statutes. In this Response, each respondent must disclose the
name of any officer, director, or agent who is also an employee of the City. Further, all
respondents must disclose the name of any City employee who owns, directly or indirectly,
any interest of five percent (5%) or more in the respondent’s firm or any of the respondent’s
branches/subsidiaries.
E. Non Discrimination: Respondent shall not discriminate as to race, sex, color, creed, handicap
or national origin in the operations conducted under this engagement.
F. Due care and diligence has been exercised in the preparation of this RFQ. The responsibility
for determining the full extent of the services required rests solely with those making
responses. Neither the City nor its representatives shall be responsible for exercising the
professional judgment required in determining the final scope of services which may be
required.
G. All timely responses set forth in the Submittal Requirements for respondents to this RFQ will
be considered. Respondents are cautioned to clearly indicate any deviations from these
qualifications. The terms and conditions contained herein are those desired by the City and
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preference will be given to those responses in full or substantially full compliance with the
requested qualifications.
H. Each respondent is responsible for full and complete compliance with all laws, rules and
regulations including those of the Federal government, State of Florida, and applicable local
ordinances. Failure or inability on the part of the respondent to have complete knowledge and
intent to comply with such laws, rules and regulations shall not relieve any respondent from its
obligation to honor its response and to perform completely in accordance with its response.
I. The City, at its discretion, reserves the right to waive minor informalities or irregularities in any
responses, request clarification of information from respondents, to reject any and all
responses in whole or in part, with or without cause, and to accept any response which, in the
City’s judgment, will be in the City’s best interest.
J. Any interpretation, clarification, correction or change to the RFQ will be made by written
addendum issued by the City Clerk. Any oral or other type of communication concerning the
RFQ shall not be binding. All questions must be in writing and directed to:
CONTACT: Sue Frank
ADDRESS: 2055 South Patrick Drive, Indian Harbour Beach, Florida 32937
Telephone 321-773-3181 Fax: 321-773-5080
Email address: [email protected]
K. Responses must be signed by an individual of the respondent’s organization legally authorized
to commit the respondent’s organization to the performance of the services contemplated by this Request for Qualifications.
L. Any responses submitted before the deadline may be withdrawn by written request received
by the City before the time fixed for receipt. Withdrawal of any response will not prejudice the right of the respondent to submit a new or amended response as long as Brevard County receives the response by the deadline as provided herein.
M. For good and sufficient reason, up to forty-eight (48) hours before the advertised deadline, the City may extend the response deadline. Should an extension occur, all firms who received a Request for Qualifications will receive an addendum setting forth a new date and time for the response deadline. Notice will be provided by facsimile or email.
N. TIES: Award of all tie ranking shall be made by the Purchasing Manager in accordance with State
Statutes, which allows a firm certified as a Drug-Free Workplace to have precedence. When
evaluation of responses to solicitations results in identical ranking with regards to the
responses from two or more respondents, the City shall determine the order of award using
the following criteria in order of preference listed below (from highest priority to lowest priority):
a. Priority shall be given to the respondent certifying that he/she is a Drug-Free Workplace
as defined within Florida Statute 287.087.
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b. Should a tie still exist, priority shall be given until the tie is broken, to the respondent with
the highest total of raw scores for each evaluation criteria, progressing from the highest
weighted criteria to the lowest rated criteria. If multiple evaluation criteria have identical
weights, the combined total weights of the identically weighted criteria shall be used;
c. Should a tie still exist, priority shall be given to the respondent having a verified business
establishment within the boundaries of Brevard County, Florida;
d. In the event that a tie still exists after progressing through a-c, the decision shall be made
by lot or coin toss. The drawing of lots or coin toss shall be conducted in the presence of
the affected proposers if they elect to be present.
II. SPECIAL TERMS AND CONDITIONS
A. The successful respondent shall be required to submit proof of licenses or certifications as
required by local and state law.
B. The successful respondent shall be required to enter into a contract that will be provided by
the City that substantially reflects the requirement of this Request for Qualifications, and
normal contract terminology. The City reserves the right to waive/adjust any minor
inconsistencies between the RFQ and the finalized contract. The City anticipates using a
contract similar to the contractual format established by the State of Florida Department of
Management Services for the Construction Agreement between Owner and Construction
Manager.
C. The successful respondent shall hold harmless, indemnify and defend the City, its
Commissioners, employees, representatives and agents against any claim, action, loss,
damage, injury, liability, cost and expense of whatsoever kind of nature arising out of or
incidental to this work.
D. The successful respondent shall not be allowed to substitute project team members
named in this response without proper written permission of the City.
III. STANDARD INSURANCE REQUIREMENTS
This project requires the successful contractor to submit Certificates of Insurance. The
Certificate of insurance shall be made to the City of Indian Harbour Beach, 2055 South Patrick
Drive, Indian Harbour Beach, Florida. 32937 and should reference the operation.
Prior to renewal, non-renewal, cancellation, or change or modification of any insurance policy, at
least 30 days advance written notice shall be given to the City of Indian Harbour Beach.
Minimum coverage with limits and provisions are as follows:
A. Commercial General Liability: The successful contractor(s) shall provide minimum limits of
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$1,000,000 each occurrence, $2,000,000 annual aggregate combined single limit for bodily
injury and property damage liability. This shall include premises/operations, independent
contractors, products, completed operations, broad form property damage, personal and
advertising injury, and contractual liability, specifically confirming and insuring the
indemnification and hold harmless clause of the contract. This policy of insurance shall be
considered primary to and not contributing with any insurance maintained by the City of Indian
Harbour Beach and shall name the City of Indian Harbour Beach as an additional insured. The
policy of insurance shall be written on an “occurrence” form. Maximum Deductible - $5,000
each claim. Higher deductibles are permitted subject to City approval.
B. Automobile: Successful contractor(s) shall provide minimum limits of liability of $1,000,000
each accident, combined single limit for bodily injury and property damage. This shall include
coverage for:
i. Owned Automobiles
ii. Hired Automobiles
iii. Non-Owned Automobiles
C. Builder Risk: Coverage must be provided as follows:
i. Form - All Risk Coverage - Coverage is to be no more restrictive than that
afforded by the latest edition of Insurance Services Office Forms CP 0020.
ii. Amount of insurance is to be 100% of the completed value of such additions(s),
building(s) or structures(s).
iii. Waiver of Occupancy Clause or Warranty - Policy must be specifically endorsed
to eliminate any "Occupancy Clause" or similar warranty or representation that
the building(s), addition(s) or structure(s) in the course of construction shall not
be occupied without specific endorsement of the policy. The policy must be
endorsed to provide that the builder's risk coverage will continue to apply until
final acceptance of the building(s), addition(s) or structure(s) by the City.
iv. Maximum Deductible - $5,000 each claim. Higher deductibles are permitted
subject to City approval.
v. Named Additional Insured - The City must be included as a named additional
insured.
vi. Notice of Cancellation and/or Restriction - The policy must be specifically
endorsed to provide the City with forty five (45) days notice of cancellation and/or
restriction.
vii. Flood Insurance - When buildings or structures are located within an identified
special flood hazard area, flood insurance protecting the interest of the
contractor and city must be afforded for the lesser of the total insurable value of
such buildings or structures, or, the maximum amount of flood insurance
coverage available under the National Flood Insurance Program.
viii. Wind and Hail – Deductible shall not exceed 3%.
D. Professional Liability Insurance: Professional liability insurance with a minimum limit of one
million dollars ($1,000,000) per occurrence, two million dollar ($2,000,000) aggregate with
respect to acts, errors or omissions in connection with professional services to be provided
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under this Agreement. Any deductible is not to exceed $25,000 for each claim. The Successful
contractor(s) represents it is financially responsible for the deductible amount.
E. Umbrella Liability: Successful contractor(s) shall provide umbrella coverage with limits of no
less than $1,000,000.00 excess of Commercial General Liability, Automobile Liability,
Employers Liability.
F. Workers' Compensation: The Successful contractor(s) shall provide and maintain workers’
compensation insurance for all employees in the full amount required by statute and full
compliance with the applicable laws of the State of Florida. Said policy must include
Employers’ Liability insurance with limits of no less than:
i. Each Accident $ 500,000.00
ii. Disease – Policy Limit $ 500,000.00
iii. Disease – Each Employee $ 500,000.00
Successful contractor(s)s shall further insure that all of its sub-contractors maintain
appropriate levels of workers’ compensation insurance, and also provide the City with a
Waiver of Subrogation.
G. Other Insurance Provisions: The City of Indian Harbour Beach is to be specifically included on
all certificates of insurance (with exception to Workers Compensation) a named additional
insured. All certificates must be received prior to commencement of service/work. In the event
the insurance coverage expires prior to the completion of this contract, a renewal certificate
shall be issued thirty (30) days prior to said expiration date. The certificate shall provide a thirty
(30) day notification clause in the event of cancellation or modification to the policy.
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H. Deductible Clause – Successful contractor(s) to declare self-insured retention or deductible
amounts. All deductibles in vendor’s policy are liability of the vendor.
All insurance carriers shall be rated (A) or better by the most recently published A.M. Best Rating
Guide. Unless otherwise specified, it shall be the responsibility of the Successful contractor(s) to
insure that all subcontractors comply with the same insurance requirements spelled out above. The
city may request a copy of the insurance policy according to the nature of the project. City reserves
the right to accept or reject the insurance carrier.
IV. PERFORMANCE AND PAYMENT BOND.
A Performance and Payment Bond will be required from the successful contractor. The
CONTRACTOR shall furnish the OWNER immediately upon execution of this contract, a performance
and payment bond in penal sum of:
i. Performance Bond (125%):
ii. Payment Bond (100%):
with good and sufficient sureties, condition upon the performance of this contract by the
CONTRACTOR in accordance with the terms and conditions hereof, within the time herein provided,
and with the additional obligation that such CONTRACTOR shall promptly make payment to all
persons supplying him labor, materials and supplies used directly or indirectly by the said
CONTRACTOR in the execution of the work provided for in this contract.
V. GENERAL SCOPE OF SERVICES:
The Construction Manager, if selected to enter into contract, will provide a Guaranteed Maximum
Price (GMP) for the total construction cost, provide Performance and Payment Bonds for the full
value of the GMP and will hold all trade contracts. The City anticipates the following general scope
of services, but reserves the right to modify, add or delete any services.
A. Design Phase (in conjunction with the services of the Architect) should include, but is not limited
to:
Design review and input;
Total Project Schedule;
Construction cost estimate (including total project cost, draft GMP and updated GMP);
Value engineering and construction alternatives;
Coordination and interface of the contract documents general conditions, special conditions, trade
contractor bid packages, etc.
Construction Planning;
Development of trade contractor bid packages and recommendation on the clarification of
responsibilities for trade contractors;
Market stimulation for trade contractor bidding;
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Construction trade contractor pre-qualifications;
Site utilization planning before and during construction;
Identification of significant direct purchase items and/or long lead items;
Plans and Specification reviews including design development, construction documentation,
redicheck and constructability review;
B. Construction Phase should include, but not be limited to:
Project meetings;
Scheduling, updates and planning;
Estimating, including final GMP;
Bidding (selection of the trade contractors and/or material suppliers for the project and bidding
must comply with the City’s procurement policies and procedures to the best of the Construction
Manager’s ability);
Guaranteed Maximum Price (not to exceed total for the costs of the physical construction and the
general conditions necessary for the total construction of the project);
Trade contract procurement and administration;
Owner-furnished materials’
Cost control;
Project record keeping;
Direct purchasing of materials to recover sales tax in coordination with the County and State
requirements;
Site management such as project control, site housekeeping, construction materials waste
management plan, supervision, scheduling, planning, quality assurance, quality control, safety,
etc.
Physical construction;
Information Management;
Change Orders/claims management;
Permitting;
Special inspection coordination (geotechnical, materials testing, threshold inspection, etc.);
Move in and occupancy coordination, as needed; including training of City personnel
Warranty Management
VI. SUBMITTAL REQUIREMENTS TO REQUEST FOR QUALIFICATIONS
Responses will be evaluated on the basis of the written document; therefore the documents must be
complete, concise and clear as to the intent of the respondent. In order to maintain competitiveness and for
ease of evaluation, responses to the RFQ must be responsive to the following and presented in this format
and order:
NOTE: All responses must be presented as 8 1/2” x 11” bound documents. The information must be tabbed
according to each requested section. Number each side of each page consecutively including letter of
interest, brochures, licenses, resumes, supplemental information, etc. Responses must be limited to fifty
(50) pages. Covers, table of contents and divider tabs will not count as pages, provided no additional
information is included on those pages. Work product samples (reports, schedules, etc. provided in
response) will not be counted in the fifty (50) page limit. Package the Work Product Samples separately
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from the response, labeling the sample clearly. Provide five (5) copies of the Response and submit only
one (1) copy of the Work Product Sample package. Any Responses exceeding the fifty (50) page limit may
be disqualified.
Following are the required sections and required minimum content:
A. INTRODUCTION/COVER LETTER: YES/NO
Respondents should provide no more than a two (2) page letter of introduction. This letter should
highlight or summarize whatever information a respondent deems appropriate as a cover letter,
but at a minimum, this section should include the name, address, telephone number, fax number
and email address of one person to whom all correspondence should be directed.
B. BUSINESS ORGANIZATION: 10 POINTS
Describe the business organization(s) who will serve as major participants and their respective
roles, and the following information as to business operations:
1. Organization: State the full name, address, telephone number and facsimile number of the
proposing firm/organization(s). Include Federal ID number and Corporate Charter Number.
a. Indicate whether those in the proposing group will operate as a sole proprietorship,
individual, partnership or corporation, and the state of its incorporation or license to
operate.
b. As applicable, provide the name of the branch officer or other subordinate element that will
perform or assist in performing the services described herein.
2. Major Participants: Recognizing the scope of this project, interested parties may select to
use joint venture partners or sub-consultants. Provide the following in list form on a summary
page (specific information about each should be provided in the Appendix, if desired).
a. A list of major participants and complete addresses, and their relationship to the
respondent, whether as a joint venture, partner, subsidiary or sub-consultant. b. Should any of the above participants include a Minority Business Enterprise (MBE), this
should be noted, along with the entity that has so certified the respondent as an MBE. c. Specific role in the project of all participants noted above. d. Estimated percentages of participation of each participant noted above.
3. Experience/References: 25 POINTS
Respondents shall provide a list of their work on projects the same as or similar to this project. The information will be presented in summary form and then can be followed as appropriate by a narrative. a. List five (5) projects for which your firm acted as design/builder, general contractor or has
provided or is providing construction management services which are most closely similar to this project (i.e.: public safety, law enforcement agencies). In determining which projects are most similar consider: related size and complexity; how many members of the
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proposed team worked on the listed project; and how recently the project was completed. Identify if any of the five (5) projects are LEED Certified.
b. For each of the listed projects, provide the following information: size, construction cost
(original estimate, construction cost and final construction cost), current phase of development, estimated (or past) completion date, type of delivery method (lump sum, design/build, construction management at risk, etc.), scope of services, name of team members within your firm and titles, name of Owner’s contact person, telephone number and fax number, and the name and telephone number of the Architect/Engineer. Failure to provide accurate information in order to obtain references may disqualify your firm.
4. Respondent’s Personnel: 10 POINTS
a. List total number of your firm’s key personnel by skill group (i.e.: cost control,
estimating, scheduling, superintendents, etc.).
b. Name all key personnel which will be part of the construction management team for the
proposed project and provide their cities of residence. Describe in detail the experience
and expertise of each team member, specifically those of the Project Manager and
Project Superintendent. NOTE: key personnel must be committed to the project for its
duration unless excused by the Owner. This requirement is non-negotiable.
c. For each project listed in response to Number 3, list the members of the proposed team
who worked on the project and describe their roles.
d. If the team as a whole provided construction management services for any of the
projects listed in response to Number 3, so indicate.
5. Respondent’s Consultants: 5 POINTS Name any consultants which are included as part of the proposed team. Describe each consultant’s proposed role in the project and its related experience. List any projects on which your firm has worked with the consultant in the past.
6. Cost Control: 10 POINTS
For two (2) of the Projects listed in response to Number 3, describe cost control methods for the design and construction phases. How did you develop cost estimates and how often were they updated? Provide examples of how these techniques were used and what degree of accuracy was achieved. Include examples of successful value engineering to maintain project budgets without sacrificing quality. Include a sample of a cost estimate. (Note: follow instructions for Work Product Samples included in this section of the Request for Proposal when submitting this example).
7. Scheduling: 10 POINTS
For two (2) of the Projects listed in response to Number 3, describe the way in which your firm developed and maintained design and construction project schedules. How did you develop schedules and how often were they updated? Provide examples of how these techniques were used. Include specific examples of scheduling challenges, and how your firm helped
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solve them. Submit an example of a project schedule. (Note: follow instructions for Work Product Samples included in this section of the Request for Proposal when submitting this example).
8. Information Management: 5 POINTS
For two (2) of the Projects listed in response to Number 3, describe the types of records, field records, logs, meeting minutes, monthly reports, monitoring systems and information management systems which your firm used in the management of those projects. Provide examples of each report used. (Note: follow instructions for Work Project Samples included in this section of the Request for Proposal when submitting these examples).
9. Quality Control: 10 POINTS For two (2) of the Projects listed in response to Number 3, describe the way your firm maintained quality control during the pre-construction, construction, and warranty phases. Provide specific examples of how these techniques were used.
10. Safety: 10 POINTS
Describe your firms approach to safety and how your firm ensures a safe workplace at the construction site.
11. Joint Venture: YES/NO
Is the applicant a joint venture? If so, describe the division of responsibilities between the participating firms, the offices (location) that will be the primary participants, and the percent interest of each firm.
12. Financial Capability: 5 POINTS
Attach a letter of intent from a surety company indicating the applicant’s bondability for this project. The surety shall acknowledge that the firm may be bonded for each phase of the project. The surety company must be licensed to do business in the State of Florida, and must have a Best Rating of “A-“ and a financial size of “V” or higher.
13. Confirmation of Acceptance: By submission of a response to this Request for Qualifications
the respondent makes the following acknowledgments/certifications. Include a signed and notarized statement indicating confirmation of acceptance.
a. Your firm/organization/joint venture consents that responses will not be accepted from any company, firm, person, or party, parent or subsidiary, against which the City has an outstanding claim, or a financial dispute relating to prior contract performance with the City. At any time the City discovers such a dispute during any point of the evaluation, the response will not be considered further.
b. Through a statement of disclosure, your firm/organization/joint venture will provide sufficient detail of any relationship, especially financial, between members of your firm and any City employees or their family members. This will allow the City of evaluate possible conflicts of interest. The City will determine whether the extent of any conflict of interest will disqualify the respondent.
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c. Regarding information furnished by the applicant herewith, and as may be provided subsequently (including information presented at interview, if shortlisted):
1. All information of factual nature is certified to be true and accurate.
2. All statements of intent or proposed future action (including the assignment of personnel and the provision of services) are commitments that will be honored by the respondent if awarded the contract.
d. It is acknowledged that:
1. If any information provided by the applicant is found to be in the opinion of the Selection Committee or City Manager, substantially unreliable, this Proposal may be rejected.
2. The Selection Committee or City Manager may reject all applicants and may stop the selection process at any time.
3. The selection of finalists for interview will be made on the basis of information provided herein. The interviewed firms will be ranked based on their response to the interview questions, and results of reference checks.
4. It is understood that responses to this RFQ must be received at City of Indian Harbour Beach (City Clerk), 2055 South Patrick Drive, Indian Harbour Beach, Florida 32937 on January 6, 2020 January 13, 2020, no later than 2:00 p.m.
5. The respondent has not been convicted of a public entity crime within the past 36 months, as set forth in Florida Statute 287.133.
VII: SELECTION COMMITTEE City Manager Mark Ryan Police Chief David Butler Public Workers Director Todd Scaldo
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ATTACHMENT “A”
PUBLIC ENTITY CRIME AFFIDAVIT
SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICER AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted with the _________________ for THE CITY OF INDIAN
HARBOUR BEACH.
2. This sworn statement is submitted by , whose
business address is and (if applicable) its Federal
Employer Identification (FEIN) is .
3. My name is (please print name of individual signing) and my relationship to the entity named above is
4. 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, proposal, reply or contract for goods or services, any lease for real property,
or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida
Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information
after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: (1) A predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the control of any natural person who is active in the management of the entity
and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management
of an affiliate. The ownership by one person of shares constituting a controlling interest in 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 prima facie case that one person controls another person. A person who knowingly
enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate.
7. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any
natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts let by a public entity, or which
otherwise transacts or applies to transact business with a public entity. The term "person" includes those
officers, directors, executives, partners, shareholders, employees, members, and agents who are active in
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management of an entity.
8. Based on information and belief, the statement which I have marked below is true in relation to
the entity submitting this sworn statement. (Please indicate which statement applies.)
Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the
entity have 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 the officers, directors, executives, partners,
shareholders, employees, members or agents who are active in 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, AND (Please indicate which additional statement applies.)
There has been a proceeding concerning the conviction before a hearing officer of the State of Florida,
Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate
on the convicted vendor list. (Please attach a copy of the final order.)
The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted
vendor list. (Please attach a copy of the final order.)
The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by
or pending with the Department of General Services.)
STATE OF FLORIDA
COUNTY OF
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DRUG-FREE WORKPLACE FORM
The undersigned Company, in accordance with Florida Statute 287.087 hereby certifies that
(Company) does:
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services a copy of the statement specified in Paragraph 1.
4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of Paragraph 1 through 5.
As the person authorized to sign this statement, I certify that this firm complies fully with the above
requirements.
Date:
Signature
Office
(Signature)
Date:
17
The foregoing Drug Free Workforce instrument was acknowledged before me this
day of
, 2020 by
, (title) on behalf of
. He/she is personally known to me or has produced
as identification and did ( ) did not ( ) take an oath.
(Notary Signature)
Name:
My Commission Expires:
Commission Number:
18
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