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95-21851 RESORESOLUTION NO.9.5-21851 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE AWARD OF REQUEST FOR PROPOSAL NO.24-95/96, ENTITLED THE OPERATION OF PUBLIC PARKING FACILITIES 14A, 14X, AND 17X, AND AUTHORIZING THE ADMINISTRATION TO NEGOTIATE AN AGREEMENT BETWEEN THE CITY AND APCOA, INC. FOR THE OPERATION OF PUBLIC PARKING FACILITIES 14A, 14X, AND 17X WHEREAS, on November 21, 1995, the Mayor and City Commission directed the Administration to amend Request for Proposals No. 24-95/96 for the operation of public parking facilities 14X, 14A, and 17X (the RFP); and WHEREAS, the purpose of the amendments to the REP were to establish a maximum rate per visit, clarify the minimum qualifications of the respondents, and establish evaluation criteria based upon the highest financial return to the City; and WHEREAS, the Administration re -advertised the RFP and opened the responses on December 15, 1995; and WHEREAS, a response to the RFP in the amount of S 101,000.00 was submitted by Apcoa, Inc., providing the highest financial return to the City and meeting all minimum qualifications established in the Request for Proposals; NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that die Mayor and City Commission herein approved the Award of Request for Proposals No. 24-95/96, entitled "The Operation of Public Parking Facilities 14A, 14X, and 17X" and further authorizing the Administration to negotiate an Agreement between the City and Apcoa, Inc., said Agreement having an initial term of six months, with a six month extension option, in the amount of $101,000.00, for the operation of public parking facilities 14A, 14X "1 PASSED and ADOPTED this 20th day o: ATTEST: City C erk +ut ist APrnval.0 LEGAL DEPT, By ]' '.,tee CITY OF MIAMI BEACH CITYHALL 1700C0NVENTt0NCENTER0RIVE MIAMIGEAC4 FLOREM33139 OFFICE OF THE CITY MANAGER L.T.C. No. LETTER TO THE COMMISSION To: Honorable Mayor and Members of the City Commission From: Jose Garcia -Pedrosa City Manager , , A/ Date: December 18, 14 TELEPHONE: (305) 64-7014 FAX: (300 #73-7712 144-95 Subject: REQUEST FOR PROPOSALS NO.24-95/96 FOR THE OPERATION OF PUBLIC PARKING FACILITIES 14X,14A, AND 17X At the City Commission meeting of November 21, 1995 the City Commission directed the Administration to amend the Request for Proposals No. 24-95/96. The amendments were to establish a maximum rate per visit, clarify the minimum qualifications of respondents, and establish evaluation criteria based upon the highest financial return to the City. The Administration readvertised the Request for Proposals and opened them at the established deadline of Friday, December 15 at noon. A tabulation of the ten proposals in the order received is as follows: ILM Valet Parking S 2,090.00 APCOA, Inc. $16,833.33 Central Parking System S 13,021.00 Hi -Rise Parking Systems, Inc. $12,000.00 Ross Parking Systems, Inc, S 12,513.00 Centre City Parking, Inc. $ 9,100.00 Marino Parking Systems, Inc. S 9,935.00 VIP'S Parking Systems, Inc. $12,000.00 Gold Star Parking, Inc. $ 8,000.01 Key Parking Services, Inc. $12,500.00 LT.C. NO. PAGE TWO December 15,1995 The S 16,833.33 proposal submitted by APCOA, Inc. provides the highest financial return to the City. A review of thew proposal indicates APCOA has met the minimum qualifications established in the Request for Proposal. The City Commission is requested to select the proposal from which the Administration will proceed. JGP\FDM r1ran0-9-y-MIC 110 CITY OF MIAMI BEACH CONTRACT FOR OPERATION OF PUBLIC PARKING FACILITIES 14X, 14A, AND 17X CONTRACT AWARDED TO: APCOA, INC. CONTRACTOR REPRESENTATIVE/TITLE: CLYDE WILSON, 1R./PRESIDENT - URBAN PROPERTIES SOUTH CONTRACTOR ADDRESS: 1440 CANAL STREET, SUITE 2010 NEW ORLEANS, LOUISIANA 70112 TELE NO: (504)524-2919 FEE: APCOA, INC. IS THE SUCCESSFUL BIDDER OF REP NO. 36-95/96 WITH THE BID AMOUNT OF 101,000.00 TO BE PAID TO THE CITY OF MIAMI BEACH IN SIX (6) EQUAL MONTHLY PAYMENTS. PAYMENTS ARE DUE ON THE FIRST DAY OF THE MONTH.. TERM: THE CONTRACT COMMENCES ON DECEMBER 28, 1995 AND EXPIRES ON JUNE 27, 1996. ALL REQUIREMENTS, PROVISIONS, AND TERMS OUTLINED IN THE SPECIFICATIONS OF REQUEST FOR PROPOSAL NO.36-95/96 IS HEREBY IN FORCE AND EFFECT UPON THE APPROVAL OF THE AWARD OF CONTRACT TO APCOA, INC. BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH. IN WITNESS WHEREOF THE SAID CITY HAS CAUSED THIS AGREEMENT TO BE SIGNED BY THE MAYOR OF THE CITY OF MIAMI BEACH, FLORIDA AND ITS CORPORATE SEAL TO BE AFFIXED, ATTESTED BY THE CITY CLERK OF THE CITY OF MIAMI BEACH AND THE SAID CONTRACTOR HAS CAUSED THIS AGREEMENT TO BE SIGNED IN ITS NAME. fC E WILSON. JR./ SIDENT DATE OA, rNC/U AN PROPERTIES SOUTH /y %Grp SE OUR GELBER. MAYOR DATE CI OF MIAMI BEACH, FLORIDA ROBERT PARCHER, CITY CLERK DkTt LEGAL D PT. CITY OF MIAMI BEACH. FLORIDA By -- CITY OF MIAMI BEACH CITYHALL 1700 CONVENTION CENTER DRIVE MIAMIBEACH FLORIDA33139 OFFICE OF THE PURCHASING AGENT 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 TELEPHONE. (305) 673-7490 SUNCOM (305) 933-7490 FAX (305) 673-7851 CITY OF MIAMI BEACH REQUEST FOR PROPOSALS NO.36-95/96 FOR THE OPERATION OF PUBLIC PARKING FACILITIES AT 14X, 14A, AND 17X Sealed Proposals for this project, as per specifications and outline of scope of services, will be received by the Purchasing Agent, City of Miami Beach, at the Purchasing Division office, second floor, 1700 Convention Center Drive, Miami Beach, Florida, 33139 until 12:00 P.M. on December 15, 1995. Proposers are to deliver one original and ten (10) copies of proposal. At this time and place all Proposals shall be publicly opened and recorded. Late Proposals shall not be accepted or considered and shall be returned to the bidder unopened. Specifications may be obtained upon request from the Purchasing Division, Telephone Number (305) 673-7490, from the Bid Clerk. The City of Miami Beach reserves the right to accept any proposal deemed to be in the best interest of the City or to waive anv informality in any proposal. The City may reject any or all proposals and re -advertise. CITY OF MIAMI BEACH ��/�//�iJ/udith M. Ford Purchasing Agent jf RFP NO: 36-95196 CITY OF MIAMI BEACH DATE: 12/4/95 -1- REP NO.36-95/96 FOR THE OPERATION OF PUBLIC PARKING FACILITIES AT 14X, 14A, AND 17X A. General Description of Facilities and Parking Agreement The City of Miami Beach (City) is seeking proposals for the operation of the public parking facilities owned by the City known as 14X, 14A, and 17X (the Facilities). If a proposal to operate the Facilities is selected, the City will grant to the qualified and responsible proposer who has submitted the proposal determined by the City in its sole discretion to be most beneficial to the City, the exclusive right and privilege to operate the Facilities on the dates and times indicated below and subject to the terms and conditions set forth herein. 2. The facilities covered by the Parking Agreement to be executed by the City with the proposer whose proposal is selected (Operator) consists of: NAME OF FACILITIES: EXACT LOCATION: CAPACITY BUSINESS HOURS 14X, 14A, AND 17X 1601 WASHINGTON AVENUE 1557-65 WASHINGTON AVENUE 1242-62 COLLINS AVENUE 14A: 69 14X: 145 17X: 55 14X 1557-65 Washington Avenue Wednesday through Monday 6:00 P.M. to 3:00 A.M. 14A 1601 Washington Avenue Wednesday through Monday 9:00 P.M. to 3:00 A.M. 17X 1242-62 Collins Avenue Friday through Monday 6:00 P.M. to 3:00 A.M. Including Holidays. Exclusive of vehicles in the Facilities at the time of facility turnover. RFP NO: 36-95/96 CITY OF MIAMI BEACH DATE: 12/4195 -2- (The City and the Operator are sometimes hereinafter referred to together as the Parties.) 3. Prospective proposers are required to visit the Facilities to familiarize themselves with the Facilities and their operation. 4. The Operator shall be required to enter into a Parking Agreement in substantially the form and content of these Specifications (the Parking Agreement). The Parking Agreement, these Specifications, and applicable law define the rights and obligations of the City and the Operator with regard to the operation of the Facilities during the term of the Parking Agreement. 5. By executing the Parking Agreement, the Operator shall be deemed to have acknowledged the Operator's familiarity with the Facilities and with all aspects of the operation, management, physical condition and state of repair thereof and the Operator's understanding of all obligations imposed on the Operator under the Puking Agreement and these Specifications. Any information that may be provided by the City with respect to the Facilities or the City's operation thereof is not to be deemed to be a representation or warranty by the City as to any information provided and does not remove the obligation for the Operator to satisfy itself as to all aspects of the Facilities. B. Term The term of the Parking Agreement shall be for a period of six__(I) months, commencing with the date set forth in the Notice to Begin Operation, with one (1) six-month option, to be exercised at the discretion of the City, all in accordance with the terms of the Parking Agreement. C. Financial Terms The financial terms of the Parking Agreement consist of a flat fee to be paid to the City's Parking Department Enterprise Fund. The Operator guarantees the City six equal monthly payments during the term of the agreement. These payments shall be made payable on the first business day of each month to the City of Miami Beach Parking Department, 777 17th Street, Suite T200, Miami Beach, Florida 33139. D. Termination The City, may terminate the Parking Agreement at any time, without cause, upon 60 days written notice. The City may also terminate the Parking Agreement with cause upon 48 hours' written notice. RFP NO: 36-95 96 CITY OF MIAMI BEACH DATE: 12/4/95 -3- E. Laws and Regulations The Operator shall comply with all applicable statutes, ordinances, rules, orders, regulations, and requirements of the City, State, County and Federal governments. The Operator shall provide proof of compliance with all applicable licenses, permits, and other legal requirements prior to the execution of the Parking Agreement. F. Indemnification The Operator shall indemnify and hold the City harmless from and against all claims, liability, tosses, and causes of action, costs, and damages to persons or property which may arise out of the operation of the facilities or fulfillment of this Parking Agreement and shall defend all suits in the name of the City when applicable, and shall pay all costs, losses or judgments which may arise from any legal action except those resulting solely from the negligence of the City, its agents, or employees. In accepting this Parking Agreement, the Operator for itself, its legal representatives, successors and assigns, releases the City from liability, claims, demands, actions, judgments, damages, costs and expenses of any nature, arising from the actions of the Operator during the term of this Parking Agreement and any extensions. This includes, but is not limited to, all third -party claims by employees, contractors, sub -contractors, licensees, invitees, patrons, their heirs, legal representatives or assigns. G. Insurance Prior to the commencement of the Parking Agreement, the Operator shall famish to the City of Miami Beach, c/o the Parking Department, 777 17th Street, Miami Beach, Florida 33139, copies of any and all Certificates of Insurance reflecting the City of Miami Beach as an additional insured, indicating that insurance coverage has been obtained meeting the following requirements: General Liability coverage including Bodily Injury artd Property Damage in an amount not less than $500,000 per person per occurrence. Insurance shall provide primary coverage of the location from which the Operator is to operate; shall name the City as an additional insured; shall provide primary coverage to all other coverage held by the City; and shall be provided by an insurance company duly authorized to do business in the State of Florida, rated A:X or better by A.M. Bests' Key Rating Guiae. Copies of the certificate must be provided to the City's Risk Manager, disclosing the type and amount of insurance obtained and providing that the policy may not be canceled or materially altered except upon ten days' written notice to the Operator and approved by the City. Worker's Compensation Insurance as required by Florida Statutes, Chapter 440. RFF NO: 36-95196 CITY OF MIAMI BEACH DATE: I214/95 4- H. Operations and Procedures Manual The Operator, within fourteen (14) days following the commencement of the Parking Agreement, shall provide to the City an Operations and Procedures Manual (Manual). To the satisfaction of the City, the Manual shall describe all of the standard and emergency operating procedures for the facilities, operating equipment, and personnel, as well as the administrative policies and reporting procedures. The Manual shall be kept current by the Operator throughout the term of the Parking Agreement, all revisions having a number and date. Such Manual, including all revisions as are approved by the City, are incorporated into and made a part of the Parking Agreement. The Manual shall also provide all information needed or desirable for the education of employees of the Operator on their duties and responsibilities. I. Employees and Staffing Sufficient staffing. The Operator shall provide staffing in sufficient number to fulfill the terms and conditions of the Parking Agreement and these Specifications and to follow the procedures in the Manual. The Operator shall make best efforts to attract, hire, and retain high -quality personnel and to minimize employee turnover. 2. Employee Appearance. The Operator shall provide City -approved uniforms to all employees assigned to the facilities. All employees assigned to the facilities must be attired in such uniforms. Employee Discrimination. In the hiring of employees for the performance of work under the Parking Agreement or any sub -agreement thereunder, neither the Operator nor any person acting on behalf of such Operator shall discriminate by reason of, among other things, race, creed, sex, sexual orientation, age or national origin, against any citizen who is qualified and available to perform the work to which the emplo} ment relates. Neither the Operator, nor any person on its behalf, shall in any manner discriminate against or intimidate any employees hired for the performance of work under this Parking Agreement on account of race, creed, sex, sexual orientation, age, or national origin. The Parking Agreement may be canceled or terminated by the City for any violation of the terms and conditions of this requirement. J. Services to Be Performed by the Operator (Scope of Work) I. At the maximum rate of $6.00 per vehicle, per visit, the Operator shall famish the highest quality parking service on a fair and reasonable basis to all patrons. The Operator shall operate the Facilities in a first-class, efficient and economical manner and shall keep each facility safe, clean, orderly and in an inviting condition at all times to the satisfaction of the City. RFP NO: 36-95/96 CITY OF MIAMI BEACH DATE: 12/4/95 -5- 2. Operator shall provide daily cleaning of the Facilities, including the daily sweeping of the curbs and the daily removal of debris from landscaped areas. Trash receptacles are to be provided by the Operator and are to be emptied of all debris during operations and at the conclusion of operations each day. 3. The Operator shall keep each facility free from glass or other hazardous materials which may cause damage or injury to facility users. All bottles, cans, spilled food or other refuse shall be cleaned up immediately upon learning of the condition by the Operator. 4. The Operator shall conduct daily inspections of the Facilities prior to and after each day's operations. Reports of lighting malfunctions or unsafe conditions should be made to the City immediately. 5. The Operator shall provide City -approved signage indicating the Facilities' availability for self -parking and the rate. The Operator shall not affix or display its company logo, name or otherwise advertise its identity on operating equipment or in the Facilities without the prior approval of the City. 6. The Operator's personnel should be employed at all times in sufficient numbers so as to avoid unreasonable delays in providing customers with prompt and efficient service. The Operator shall immediately replace any employee who the City, at its own discretion, shall deem to be incompetent, discourteous, uncooperative, dishonest, or inappropriately attired. 7. The Operator shall be responsible for notifying the City of any abandoned vehicles in the Facilities. The Operator shall be responsible for the removal and disposal of such vehicles and shall indemnify and hold the City harmless from and against any claim, damages, or expenses (including attorney's fees and court costs) arising in connection with such removal and disposal. The Operator shall also be responsible for notifying the City of any vehicles which block or impair proper traffic circulation. 8. The Operator shall provide uniformed police and/or uniformed security presence on site during the time of parking operations. It is expressly understood that the City shall not in any way be responsible or assume responsibility for the personal safety of the Operator's employees, customers, or any other person entering the Facilities in connection with this Parking Agreement; %r equipment or personal property brought into the Facilities; nor for loss, theft, damage, or any other type of casualty which may occur. RFP NO: 36-95196 CITY OF MIAMI BEACH DATE: 12/4/95 -6- K. Minimum Qualification Standards The Operator must meet the following minimum qualification standards: 1. A minimum of three (3) years of verifiable public parking management experience. At least one principal of the Operator must have one (1) year of such experience. 2. Satisfactory prior performance of the Operator and its principals. 3. Financial stability and capability of the Operator. 4. Ability of the Operator to continue meeting minimum qualifications and serve the public. L. Evaluation Criteria Proposals will be evaluated by the City Manager as to the compliance with the Request for Proposal and the minimum qualifications. The contract will be awarded by the City Commission, based upon the highest financial return to the City of Miami Beach. RFP NO: 36-95/96 CITY OF MIAMI BEACH DATE: 12/4/95 -7- PROPOSAL SUBMISSION ORIGINAL AND TEN COPIES OF LETTER OF INTEREST SHALL BE SUBMITTED to the Purchasing Agent, properly signed in ink, and submitted in a sealed envelope on which shall be shown the name of the proposer, proposal opening date, and name and number of the proposal. QUALIFICATION OF PROPOSER Each proposer may be required, before the award of any contract, to show to the complete satisfaction of the City Manager that the firm has the necessary facilities, ability, and financial resources, to famish the service as specified herein in a satisfactory manner, and they may also be required to show past history and reference which will enable the City Manager to satisfy himself as to its qualifications. Failure to qualify according to the foregoing requirements will justify the City in rejecting the firm's bid. LAWS AND REGULATION It shall be understood and agreed that any and all services, materials and equipment shall comply fully with all local, state and federal laws and regulations. PUBLIC ENTITY CRIMES It is the responsibility of any person submitting a bid or proposal in response to this invitation to execute the enclosed form PUR 7068, Sworn Statement under Section 287.133(3) (A), Florida Statutes on public entity crimes, including proper check(s) in the space(s) provided, and enclose it with the bid or proposal. If you are submitting a bid or proposal is submitted on behalf of dealers or suppliers who will ship commodities and receive payment from the resulting contract, it is the responsibility of the bidder to see that copies of the form are executed by them and are included with the bid or proposal. Corrections to the form will not be allowed after the bid or proposal opening time and date. ASSIGNMENT The successful proposer(s) shall not assign, transfer, convey, sublet or otherwise dispose of this contract, or of any or all of its right, title or interest therein, or his or its power to execute such contract to any person, company or corporation without prior written consent of the City. ADDITIONAL INFORMATION Questions regarding these specifications must be in writing and submitted to: Office of the Purchasing Agent ' 1700 Convention Center Drive Miami Beach, FL 33139 Telephone - (305) 673-7490 Fax - (305) 673-7851 Should any questions or responses require revisions to the specifications as originally published, such revisions will be by formal amendment only. RFP NO: 36-95196 CITY OF MIAMI BEACH DATE: 12/4/95 -8- Termination for Cause (Consultants Contract Clause) In the event this Agreement is terminated by City for cause, the City, acting through the City Manager, may take over the Services and complete them, by contracting with another Consultant(s) or otherwise, and in such event, the Consultant shall be liable to the City for any additional cost incurred by the City due to such termination. "Additional Cost" is defined as the difference between the actual cost of completion of such incomplete Services and the cost of completion of such Services which would have resulted from payments to the Consultant hereunder had the Agreement not been terminated. Upon receipt of written notice of termination, the consultant shall, when directed by the City, promptly assemble and submit as provided herein or as required in the written notice hereunder, all documents including drawings, calculations, specifications correspondence, and all other relevant materials affected by such termination. In the event of Termination for Cause, no payments to the Consultant shall be made: (1) for Services not satisfactorily performed; and (2) for assembly of submittal of documents for the Services performed satisfactorily or unsatisfactorily. Termination for Convenience Non -Exclusive Provisions In the event the City causes abandonment, termination or suspension of the Consultant's Services or pars thereof without cause as provided herein, the Consultant shall be compensated for all Services rendered up to the time of receipt of said abandonment, termination, or suspension, and for the assembly and submittal to the City of affected documents for the services performed. The City shall have no further liability for compensation of expenses or fees to Consultant except as set out herein. RFP NO: 36-95196 CITY OF MIAMI BEACH DATE: 12/4195 -9- REQUEST FOR PROPOSALS NO.36-95/96 CONTRACT FOR OPERATION OF PUBLIC PARKING FACILITIES AT 14X, 14A, AND 17X This proposal shall include the monthly amount to be paid to the City of Miami Beach for the management and operation of public parking facilities, as requested: to be paid to City of Miami Beach in six equal monthly payments Bidders must sign below to acknowledge receipt of addendum (if necessary). Amendment No. I Amendment No. 2 Amendment No. 3 M uKYMM" BIDDER'S NAME (Print or Type): TITLE: ADDRESS: TELEPHONE NUMBER: RFP NO: 36-95/96 CITY OF MIAMI BEACH DATE: 12/4/95 -to- REQUEST FOR PROPOSALS NO.36-95/96 CONTRACT FOR OPERATION OF PUBLIC PARKING FACILITIES AT 14X, 14A, AND 17X This proposal shall include the monthly amount to be paid to the City of Miami Beach for the management and operation of public parking facilities, as requested: 101,000,00 to be paid to City of Miami Beach in six equal monthly payments Bidders must sign below to acknowledge rcccipt of addendum (if necessary). Amendment No. 1: Amendment No. 2: R FIRM'S NAME: APCOA. Inc.. BIDDER'S NAME (Print or Type): Clyde B. CI i l s o n, Jr TITLE: President - Urban Properties South ADDRESS:1440 ('.anal Ctrnat c,,;+o onin pi—, n,igans, IA. 701� TELEPHONE NUMBER (5 0 4) 124,2919 OF MiANII BEACH pURC aASING WITNcSSED BY: RFP NO: 3695M CITY OF MAW BEACH DATE: 12/195 -IQ c,c+¢tic/ QUESTIONNAIRE Proposer's Name: Principal Office Address: Telephone Number: Check One: Individual Partnership Corporation If a Corporation, answer this: When incorporated In what state If a Partnership, answer this: Date of organization General or limited Name and address of each partner: Number of years of relevant experience in operating similar business: RFP NO: 36-95/96 CITY OF MIAMI BEACH DATE: 1214/95 -It- 2. Give names and locations of places at which proposer has operated similar businesses, together with dates of operation: 3. Have any similar agreements held by proposer for a project similar to the proposed project ever been canceled? If yes, give details on separate sheet. 4. Has the proposer or any principals of the applicant organization failed to qualify as a responsible bidder, refused to enter into a contract after an award has been made, or failed to complete a contract during the past five (5) years? If yes, please explain: 5. Has the proposer or any of its' principals ever been declared bankrupt or reorganized under Chapter 1 I or put into receivership? If yes, explain on separate sheet. 6. References: Give three references as to experience and ability 7. Persons or persons interested in this contract _(have) (have not) been convicted by a Federal, State, County, or Municipal Court of any violation of law, other than traffic violations. Explain any convictions on separate sheet. 8. Lawsuits pending or completed involving the corporation, partnership, or individuals with more than 10% interest: RFP NO: 36-95/96 CITY OF MIAMI BEACH DATE: 1214/95 -12- 9. Conflicts of Interest. The following relationships are disclosed as potential, actual of perceived conflicts of interest in connection with this proposal: The proposer understands that information contained in this Questionnaire is to be relied upon by the City in awarding the proposed contract and such information is warranted by the proposer to be true. The undersigned proposer agrees to furnish such additional information, prior to acceptance of any proposal, as may be required by the City. (Signature) (Printed Name) (Date) RFP NO: 36-95/96 CITY OF MIAMI BEACH DATE: 12/4/95 -13- SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(2), FLORIDA STATUTES. ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to by (print individual's name and title) for (print name of entitysubmitting mom statement) whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this mom 2. 1 understand that as "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, meats a violation ofany sum or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision ofany other Bute or fthe United Sates and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication ofguill, in any federal or state trial court of record relating to charges brought by indictment or information alter July 1, 1989, as a result of a jury verdict, non - jury trial, or entry of a plea of guilty or main contenders. 4. 1 understood that an "affiliate" ss defined in Paragraph 287.133(1)(a), Florida Statutes. means: 1. A predecessor or successor of a person convicted of 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 officer, directors, executives, partners, shambuldem employer, members, and agents who are active in the management ofim affiliate. The ownership by one person of shares constituting a controlling interest to 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 eaten 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. r 1 undimmed that a "Person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws ofany state or ofthe 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 "person" includes those officers, directors, executives, partners, shareholders, employers, members, and agenm'who are active in management ofan entity. Board on information and belief, the statement which I have marked m tree in mlalton to the entity submitting this mom statement. (indicate which statement applies.) Neither the entity submitting this sworn statement, nor any of its oMccm. directors, executives, partners, shareholders, employees, members, or agents who are active in the 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 mom statement, or one or mom of the officers, directors, executives, partners, shareholders, employers, members, or agents who am active in the management of the entity, or an dfdisite of the entity but been charged with and convicted of public entity crime subsequent to July 1, 1989. RFP NO: 36-95196 CITY OF MIAMI BEACH DATE: 12/4195 -14- The entity submitting this sworn statement, or one or more of its offitera, directors, executives, partner, shareholder, employ. members, or agents who an active in the management of the entity, Oran aDiliste of The entity has been charged with sad convicted of s public entity crime subsequent to July], 1989. Howeveq them has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Oedtrentared by the Hearing OfBmr decor lined that it was not is the public interest to place the entity submitting ebb sworn Ustement on the convicted vendor list. (attach a copy ofthe find order) ' i UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THECONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THATPUBLIC 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 IHE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. (Signature) (date) STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, wbo, *Qer firs) being sworn by me, sfeacd hisfher signature in the space provided above on this day of. 19 _ NOTARY PUBLIC My Commission Expires: FORM FUR 7068 (Rev, 06105,91) RFP NO: 36.95/96 CITY OF MIAMI BEACH DATE: 1214/95 -IS-