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HomeMy WebLinkAboutRFP 20-12-01 Event Rides Rental City of Sunny Isles Beach | Request for Proposals No. 20-12-01 1 Request for Proposals Goods & Services gt EVENT RIDES RENTAL Request for Proposals No. 20-12-01 Advertisement Date: Tuesday, December 1, 2020 All Questions Due: Friday, December 18, 2020 by 5:00 PM Submission due date: Tuesday, January 5, 2021 at 2:30 PM Submit to: 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. 20-12-01 2 TABLE OF CONTENTS Table of Contents Page 2 Legal Advertisement/Notice to Vendor Page 3 Instructions to Vendor / General Terms Section 1 Page 4 Special Terms & Conditions Section 2 Page 10 Scope of Work / Technical Specifications Section 3 Page 19 Submittal Format Section 4 Page 20 Evaluation Process Section 5 Page 22 Forms Section 6 Page 24 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 City of Sunny Isles Beach | Request for Proposals No. 20-12-01 3 LEGAL ADVERTISEMENT NOTICE TO VENDOR NOTICE IS HEREBY GIVEN that the City of Sunny Isles Beach is seeking sealed Bids for the following work as specified. Event Rides Rental Request for Proposals No. 20-12-01 The Bid 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. 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. The City will not accept incomplete Bids. Proposals shall be on a unit price basis; segregated Bids will not be accepted. Sealed Proposals must be received by the City Clerk no later than Tuesday, January 5, 2021 at 2:30 PM 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 Proposals. Timely submitted Proposals will be opened publicly and read aloud at this time. The envelope containing the sealed RFP must be clearly marked: “RFP ENCLOSED” RFP No. 20-12-01 Event Rides Rental OPENING DATE AND TIME: Tuesday, January 5, 2021 at 2:30 PM The Owner reserves the right to reject any or all Proposals, 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. All questions regarding Request for Proposals No. 20-12-01 shall be directed in writing to Mauricio Betancur, CMC, City Clerk, prior to the deadline mentioned above. Questions may be submitted via email to: MBetancur@sibfl.net or via facsimile (305) 792-1563 or via regular mail at: Mauricio Betancur, MMC, 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. City of Sunny Isles Beach | Request for Proposals No. 20-12-01 4 SECTION 1 INSTRUCTIONS TO BIDDER (VENDOR) / 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 CONDITIONS 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 Proposal, ITB, 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 Bidders (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 Bidder, 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 Proposal 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 Bidders prior to the opening must be initialed and dated by the Bidders. 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: Bidders 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 Bidders 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 Bidders to ensure that the Bid reaches the Office of the City Clerk on or before the closing hour and date stated on the Request for Proposal. 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 Bidders facilities to determine their capability of meeting the requirements for the Contract. Also, price, responsibility, and responsiveness of the Bidders, 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 Bidder’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. 1.11.2 Cancellation: Failure on the part of the Bidders to comply with the conditions, specifications, requirements, and terms as determined by the City, shall be just cause for cancellation of the Award. City of Sunny Isles Beach | Request for Proposals No. 20-12-01 5 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 Bidder, 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 Bidder 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 Bidder 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. Invoices received from the Contractor will be reviewed by the initiating City Department. If services have been rendered in conformity with the Contract Documents, the invoice will be sent to the Finance Department for payment. Invoices must reference the contract number assigned thereto. Invoices will be paid in accordance with the State of Florida Prompt Payment Act. 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 Bidders free of charge to the City. Each individual sample must be labeled with the Bidder’s name and manufacturer's brand name and delivered by them within ten (10) calendar days of Bidders 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 Bidders 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 Bidders warrant 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 Bidders 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: Bidders warrant 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 Bidder 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 Proposal 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 Bidder 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: Bidders shall assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, inspections, and insurance required. The Bidders shall be liable for any damages or loss to the City occasioned by negligence of the Bidders (or their agent) or any person the Bidders has designated in the completion of their contract as a result of the Bid. Bidder 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. City of Sunny Isles Beach | Request for Proposals No. 20-12-01 6 Bidders shall include current Miami-Dade County Certificates of Competency. These documents shall be furnished to the City along with the Bid response. Failure to furnish these documents or to have required licensure will be grounds for rejecting the Bid. 1.24 CERTIFICATE(S) OF INSURANCE: Bidders 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 Bidders 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 Bidders 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 Bidders, 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 Bidders 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 Bidder 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 Proposal 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 Bidder changes hands subsequent to the award of this contract, Bidder 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 Bidder 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 Bidder, 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 Bidder. 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 Bidder being found in default. 1.28 DEFAULT PROVISION: In case of default by the Bidders, the City of Sunny Isles Beach may procure the articles or services from other sources and hold the Bidders 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 Bidder 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: The offer of the Bidders submitted on the prescribed form setting forth the prices for the Work to be performed. Bidders: Any person, firm or corporation submitting a Bid for Work. Bonds: Bid, performance bond and other instruments of security, furnished by the Bidder 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 Bidder 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 Bidders, Bidder's Bid, the Bonds, the Notice of Award, the Agreement between the City and Bidder as well as any addenda thereto, these General Conditions, Special Conditions, the Technical Specifications, Drawings and Modifications, Notice to Proceed, Request for Proposal, Insurance Certificates, Change Orders and Acknowledgment of Conformance with the City of Sunny Isles Beach. Contract Price: The total monies payable to the Bidder under the Contract Documents. City of Sunny Isles Beach | Request for Proposals No. 20-12-01 7 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. Bidder: 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 Bidders 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 Bidder 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 Bidder 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 Bid shall be awarded to the lowest responsible and responsive Bidder whose Bid best serves the interests of and represents the best value to the City in conformity with the criteria set forth in Section 62-8 of the City Code. No Notice of Award will be given until the City has concluded any investigation(s) as they deem necessary to establish the Bidder’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 Bidder 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 Bidders 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 Bidders a Contract for execution within ninety (90) days after opening of Bids. The City specifically reserves the right to award the contract to a Bidder who is not necessarily the lowest dollars and cents Bidders 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 Bidder to the City within ten (10) calendar days of receipt of the Notice of Award. 1.33 LAWS AND REGULATIONS: The Bidder will give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work. If the Bidder 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 Bidder 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. 85-8012694687C-4 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 Bidder 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 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 Bidder or his Sub-Bidder, agents, servants or City of Sunny Isles Beach | Request for Proposals No. 20-12-01 8 employees. The Bidder 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 Bidder, Sub-Bidder, 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 Bidder 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, Bidder, upon written notice from City shall defend such action or proceeding by counsel satisfactory to City. The indemnification provided above shall obligate Bidder 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 Bidder, its Sub-Bidders, 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 Bidder 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 Bidder 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 Bidder and the surety ten (10) days written notice, terminate the services of the Bidder and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Bidder, and finish the Work by whatever method they may deem expedient. In such case the Bidder 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 Bidder. If such costs exceed such unpaid balance, the Bidder 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 Bidder under this Section, it is determined by a court of competent jurisdiction for any reason that the Bidder was not in default, the rights and obligations of the City and the Bidder shall be the same as if the termination had been issued pursuant to this document. 1.37.1 Where the Bidder’s services have been so terminated by the City said termination shall not affect any rights of the City against the Bidder then existing or which may thereafter accrue. Any retention or payment of moneys by the City due the Bidder will not release the Bidder from liability. 1.37.2 Upon ten (10) days written notice to the Bidder, the City may, without cause and without prejudice to any other right or remedy, elect to terminate the Agreement. In such case, the Bidder 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 Work which has not been performed. 1.38 MISCELLANEOUS: Bidders 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 Bidder 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 Bidder 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 Bidder 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 injury or damage. 1.39 WAIVER OF JURY TRIAL: City and Bidder 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, VENUE AND WAIVER OF JURY TRIAL: It is agreed that this Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida. In the event it becomes necessary for either party to initiate legal action regarding this Agreement venue shall be in the Eleventh Judicial Circuit in and for Miami Dade County, Florida, for any claims under state law and in the Southern District of Florida, Miami Division, for any claims brought in federal court. If either party utilizes such legal action, including appeals, if necessary, to enforce this Agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees and costs at the pretrial, trial and appellate levels. Each of the parties hereto hereby knowingly, voluntarily and intentionally, waives the right which any party may have to a jury trial in respect of any action, proceeding, litigation or counterclaim based hereon or arising out of, under, on or in connection with this Agreement or any course of conduct, course of dealing, statements (whether verbal or written) or actions of either of party 1.41 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 Bidder which relate in any way to the Project, and to any claim for additional compensation made by Bidder, and to conduct an audit of the financial and accounting records of Bidder which relate to the City of Sunny Isles Beach | Request for Proposals No. 20-12-01 9 Project. Bidder 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, Bidder shall provide City access to its books and records upon five days written notice. 1.42 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. 1.43 INDEPENDENT BIDDER: The Bidder is an independent Bidder under the Contract. Services provided by the Bidder shall be by employees of the Bidder and subject to supervision by the Bidder, 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 Bidder. End of Section City of Sunny Isles Beach | Request for Proposals No. 20-12-01 10 SECTION 2 SPECIAL TERMS AND CONDITIONS 2.1 PURPOSE OF BID: The City of Sunny Isles Beach, “City” is seeking proposals from qualified “Contractors”/ “Vendors” to provide Event Rides Rental and Event Activities on an as-needed basis for the City in accordance with the terms, conditions, and specifications contained in this Request for Proposals “RFP”. This includes, but is not limited to: inflatable slides (wet & dry), bounce houses, inflatable obstacle courses, rock walls, mechanical rides, carnival games, face painters, balloon twisters, stilt walkers, and costume characters. Services are inclusive of materials, delivery, and labor. It is the intent of this solicitation to engage one or more qualified contractor(s) for the rental or lease of rides and activities for various locations and events. 2.2 PRE-BID CONFERENCE: A Pre-Bid Conference will not be scheduled for this RFP. 2.3 CONTRACT TERM AND RENEWALS This contract will commence upon execution by both parties which shall be the effective date succeeding approval of the contract by the City Commission, unless otherwise stipulated in a Notice of Award letter; and contingent upon the completion and submittal of all required proposal documents. This contract shall remain in effect for an initial two (2) years; provided that the services rendered by the vendor during the contract period are satisfactory. 2.4 PRICE If a Proposal is awarded a contract under this solicitation, the price shall remain fixed and firm during the contract term. Contractor shall be responsible for mobilization and demobilization of labor, permits, materials and equipment. Pricing shall include all labor, materials, supplies, equipment, subcontractors, insurance, profit and any other costs to provide the Services as noted in this Request for Proposal. 2.5 RATE AND RATE ADJUSTMENTS Prior to, or upon completion of that initial term, the City shall have the option at its sole discretion to renew this contract for an additional three (3) one (1) year renewal terms. Prior to completion of each exercised contract term, the City may consider an adjustment to price based on changes in the following pricing index: Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W): Miami-Fort Lauderdale, FL. It is the vendor’s responsibility to request any pricing adjustment under this provision, which shall not exceed 5%. For any adjustment to commence on the first day of any exercised option period, the vendor’s request for adjustment shall be submitted no later than ninety (90) days prior to expiration of the then current contract term. In no event will the price be increased or decreased City of Sunny Isles Beach | Request for Proposals No. 20-12-01 11 by a percentage greater than the percentage change reflected in the C.P.I. as published by the U.S. Department of Labor. If no adjustment request is received from the vendor, the City will assume that the vendor has agreed the optional term may be exercised without pricing adjustment. Any adjustment request received after the commencement of a new option period may not be considered. The City reserves the right to negotiate lower pricing for the additional term(s) based on market research information or other factors that influence price. The City reserves the right to apply any reduction in pricing for the additional term(s) based on the downward movement of the applicable index. The City reserves the right to reject any price adjustments submitted by the Vendor and/or to not exercise any otherwise available option period based on the proposed price adjustments. Any continuation of the contract beyond the initial period, and any option subsequently exercised shall be at the sole discretion of the City, and not a right of the vendor. Renewals shall be exercised only when such continuation is clearly in the best interest of the City. Should the vendor decline the City’s right to exercise the option period, the City may consider the vendor in default, which may affect the vendor’s eligibility for future contracts. 2.6 MINIMUM REQUIREMENTS FOR AWARD Proposals will be considered only from vendors which are regularly engaged in the business as described in this package; with a record of performance for a minimum of three years, must have prior successful experience, the equipment, and the organization to ensure that they can satisfactorily execute the service. Award of this contract will be made to the responsive and responsible vendor who meets the minimum qualifications set forth in this solicitation. Those qualifications are as follows: • Must show proof that they conduct background checks on all employees upon award (as per Section 2.11 in this bid). • Provide a minimum of three (3) references in which similar goods and/or services have been provided within the last two (2) years including scope of work, contact names, addresses, telephone numbers, and dates of service. • Provide a list and description of all equipment including, but not limited to, inflatable slides (wet & dry), bounce houses, inflatable obstacle courses, rock walls, mechanical rides, carnival games, and other event related activity or entertainment such as face painters, balloon twisters, stilt walkers, costume characters, that will be available to complete work as outlined in the Scope of Work. • Maintain compliance with applicable inspections or required certifications needed to operate each piece of equipment used, and be able to show proof of compliance. City of Sunny Isles Beach | Request for Proposals No. 20-12-01 12 • Vendor must be available to provide up to 15 pieces of different equipment on the following dates (dates shown are actual 2021 scheduled dates with standards for future years). Dates may change, and events may be eliminated altogether, due to weather or other circumstances, such as COVID-19. Vendor will not be considered if not available to meet needs for the dates below. o April 3, 2021 Egg Scramble – Saturday before Easter o June 13, 2021 City Anniversary – Mid June o July 31, 2021 Summer Celebration – July/August o October 29 & 30, 2021 Halloween – End of October o November 27, 2021 Winter Fest – Late November/Early December • Meet insurance requirements as listed in section 2.10 2.7 METHOD OF AWARD Contractors will be evaluated by relevant experience, preferably with local government agencies, or non-profit organizations, successful past performance, vendor’s billing, price and safety procedures in place. Vendor(s) shall be recommended for award either by item, group, or for the entirety of all bid items, as deemed in the best interest of the City. 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. No contract will be awarded to, any person who is in arrears to the City of Sunny Isles Beach, upon any debt or contract, or who has defaulted, as surety or otherwise, upon any obligation to any public agency, or who is deemed irresponsible or unreliable by the City Commission of the City of Sunny Isles Beach, in its sole discretion. The vendor can propose equipment/services for award by the following group categories: Group A – Inflatable Rides All inflatable amenities must be safely stabilized using water barrels, sandbags, or other types of non-staking tie down system. If electricity is required for operation of an amenity or attraction contractor must use a generator. Onsite supervision will be required. Staff must be clean, neat with their appearance and must be in an identifiable uniform shirt provided by the contractor. Staff must remain in the specific area of the Inflatable and must enforce all safety procedures for participants using the amenity or attraction at all City of Sunny Isles Beach | Request for Proposals No. 20-12-01 13 times during the public hours of the event. Additionally, the City reserves the right to provide onsite supervision during public hours of an event. Group B – Mechanical/Carnival Rides Contractor must provide a generator and fuel for electricity. On-site supervision will be required and staff must be clean, neat with their appearance and must be in an identifiable uniform shirt provided by the contractor. Staff must remain in the specific area of the carnival ride/attraction and must control access in addition to enforce all safety procedures for participants using the amenity or attraction at all times during the public hours of the event. Additionally, the City reserves the right to provide onsite supervision during public hours of an event. Group C – Carnival Games / Activities All activities must be safely stabilized using water barrels, sandbags, or other types of non- staking tie down system. If electricity is required for operation of the game or activity, contractor must use a generator. Onsite supervision will be required. Staff must be clean, neat with their appearance and must be in an identifiable uniform shirt provided by the contractor. Staff must remain in the specific area of the game/activity at all times during the public hours of the event. Additional, the City reserves the right to provide onsite supervision during public hours of an event. Group D – Entertainers All entertainers should be neatly attired and maintain a professional demeanor at all times. 2.7 MULTIPLE AWARD The City may award multiple vendors as available, by line item, by group, or in its entirety. The City will endeavor to utilize vendors in order of award. The City reserves the right to select the Contractor who represents the best value, and to accept or reject any proposal submitted in response to this solicitation. In the event that one of the successful vendors (primary, secondary or tertiary) are deemed to be performing unsatisfactorily as determined by the City, the City may opt to award their designated bid group to another pre-qualified vendor available on contract performing to City’s approval. 2.8 PERFORMANCE BOND AND BID BOND The City of Sunny Isles Beach shall not require the successful proposer to furnish a Performance Bond. The City of Sunny Isles Beach shall not require a bid bond. 2.9 RELEASE OF LIABILITY City of Sunny Isles Beach | Request for Proposals No. 20-12-01 14 The Contractor shall release and discharge the City of Sunny Isles Beach from any and all liability for loss of merchandise, goods, equipment or other property of the Contractor if lost, damaged, or destroyed by fire, theft, rain, water, storm, riot, vandalism, or any other cause(s). 2.10 INSURANCE 2.10.1 Comprehensive General Liability Insurance Comprehensive General Liability with minimum limits of Five Million Dollars ($5,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. 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. 2.10.2 Business Automobile Liability Business Automobile Liability with minimum limits of Five Million Dollars ($5,000,000.00) 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 Services, the vendor 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. 2.10.3 Worker’s Compensation Insurance City of Sunny Isles Beach | Request for Proposals No. 20-12-01 15 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. Employer's Liability Insurance shall be provided with a minimum of One Million and 00/100 dollars ($1,000,000.00) per accident. Vendor 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 2.10.4 Cancellation and Re-Insurance If any insurance should be cancelled or changed by the insurance company or should any insurance expire during the period of this contract, the Consultant shall be responsible for securing other acceptable insurance to provide the coverage specified in this section to maintain coverage during the life of this Contract. All deductibles must be declared by the Vendor and must be approved by the City. At the option of the City, either the Vendor shall eliminate or reduce such deductible or the Vendor shall procure a Bond, in a form satisfactory to the City, covering the same. Insurance required of the Contractor shall be primary to, and not contributory with, any insurance or self-insurance maintained by the City. Such insurance shall not diminish Contractor’s indemnification and obligations hereunder. The insurance policy(ies) shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City with a minimum A.M. Best rating of A-Excellent. Before any work under this Agreement is performed, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and shall be appropriately endorsed for contractual liability, with the City named as additional insured. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City Manager or his designee. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) days prior written notice to the City. Contractor shall also require and ensure that each of its sub-Contractor(s) providing services hereunder (if any) procures and maintains, until the completion of the services, insurance of the types and to the limits specified herein. NOTE: THE CITY OF SUNNY ISLES BEACH, CONTRACT NUMBER AND TITLE MUST APPEAR ON EACH CERTIFICATE OF INSURANCE. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. 2.11 RESPONSIBILITY OF VENDOR, BACKGROUND CHECK & FINGERPRINTING The Vendor shall be responsible for hiring the necessary personnel to conduct the operation of the services and will comply with all federal, state, and local laws related to minimum wage, social security, nondiscrimination, Americans with Disabilities act (“ADA”), unemployment compensation, and workers’ compensation. City of Sunny Isles Beach | Request for Proposals No. 20-12-01 16 The Vendor and all personnel employed by them shall be required, at their sole cost and expense, to pass a criminal background check prior to award of the contract, and every renewal term. The Criminal background check shall consist of a Florida Department of Law Enforcement ("FDLE") Florida Crime Information Center National Crime Information Center ("FCIC/NCIC") criminal records check. Any employee not meeting this requirement will not be permitted to work under this Agreement. Prior to each event, the City will request a list of names for those individuals who would be working the event, and request proof of the cleared background checks for our records. The background check proof must be issued within the previous three months of request. Any violation of this section may be deemed grounds for contract termination. NOTE: Vendor employees shall not be cleared by the City to provide services under this Agreement nor allowed on City property until the entire background check and fingerprint scanning have been completed, and such proof is provided to the City. 2.12 INVOICES Invoices shall be provided in accordance with Section 1.13 of the General Terms and Conditions of this RFP following the successful completion of rendered services. The Provider shall not charge the City for any amusement ride(s)/inflatable(s) that becomes non‐functional during the time of the event. Invoices shall be supported with detailed information as requested by the City and mailed to: City of Sunny Isles Beach Accounts Payable 18070 Collins Ave., 4th Floor Sunny Isles Beach, FL 33160 AccountsPayable@sibfl.net 2.13 COMPLIANCE WITH FEDERAL STANDARDS All items to be purchased and utilized in the performance of 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). 2.14 PENALTIES The successful Proposer should take pride in the quality of work provided, therefore The City of Sunny Isles Beach plans to implement a strike system that will result in a penalty fine when an issue is brought to the Vendor’s attention and the issue continues to occur. The first time an issue occurs the Vendor will be notified in writing and the issue must be corrected within 48 hours of receipt of notice. The second offense so will be documented in writing and a meeting will take place between the Vendor’s representative and the City representative to discuss the current and City of Sunny Isles Beach | Request for Proposals No. 20-12-01 17 past infractions. At the time of the meeting the Vendor will be required to present a written corrective action plan to address the City’s concern and how they plan to correct the issue within 48 hours of the meeting. The third violation for the same issue shall result in a penalty of $200.00 each time the same problem reoccurs. This information shall remain in the Vendor file and will be taken into account when it comes time to renew a contract. 2.15 DAMAGE TO PUBLIC OR PRIVATE PROPERTY 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. If the work site has any pre-existing damage, the Contractor shall notify the Project Manager in writing. Failure to do so shall obligate the contractor to make repairs per the above section. Contractor must provide protection necessary to prevent damage to property being repaired or replaced. 2.16 CLEAN-UP All unusable materials and debris shall be removed from the premises at the end of each workday, and disposed of in an appropriate manner. Upon final completion, the Contractor shall thoroughly clean up all areas where work has been involved as mutually agreed with the associated user department’s project manager. 2.17 EMPLOYEE TRAINING/OPERATING OF EQUIPMENT The Contractor must ensure that all employees have been properly trained, certified, and/or licensed to operate power equipment, power and mechanical tools, and must maintain records of all training, qualifications and certifications to be made available for the City’s review upon request. The Contractor must provide training to all employees, at Contractor’s expense, to ensure the competencies in performing tasks are met to prevent the endangerment of personnel or the public. Employees must not be permitted to use radios, cell phones, texting devices, mp3 players, or other media devices, while operating equipment and may be subject to removal from the Work site for repeated violations. Employees are prohibited from smoking during performance of the Work under this Contract. City of Sunny Isles Beach | Request for Proposals No. 20-12-01 18 2.18 E-VERIFY Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security’s E-Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E- Verify system. Florida Statute 448.095 further provides that if a contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, 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. 2.19 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. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE 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 EMAIL ATMBetancur@sibfl.net. END OF SECTION City of Sunny Isles Beach | Request for Proposals No. 20-12-01 19 SECTION 3 SCOPE OF SERVICES 3.1 SCOPE OF SERVICES It is the intent of this Request for Proposals to select qualified vendor(s) to provide various event ride rentals and event activities or entertainment on a temporary basis for the City’s special events, programs, or other events, as they arise. Prompt and timely delivery/set up and tear down are required as well as cooperation with City staff. The vendor shall provide all labor, transportation, equipment (including generator), and materials for the delivery, proper set up and take down, and removal of all rented equipment. Vendor shall supply their own power needs. This equipment shall be utilized for the City sponsored events to be located in the designated locations. All equipment shall be maintained in a safe operating condition while performing work under this contract. If equipment does not contain proper safety devices and/or is being operated in an unsafe manner, the City shall direct the contractor to remove such equipment and/or the operator until the deficiency is corrected to the satisfaction of the City. The contractor shall be responsible for injury to persons caused by the operation of the equipment. There shall be no minimum order on any orders placed under this solicitation. The City reserves the right to order in each quantity without being assessed any additional charges. Attendant shall be neatly groomed in an approved uniform, with a visible name tag and properly equipped at all time. 3.2 EQUIPMENT Installation location varies based on event. Surfaces include, but are not limited to, artificial turf, grass, and streets. Stakes are not permitted under any circumstances. It shall be the responsibility of the vendor to deliver the equipment in a good, clean condition and to maintain and repair any damages to the equipment during the rental period. Broken, damaged or equipment delivered in poor condition will not be accepted by the City. Replacement equipment must be delivered within two (2) hours. Storage for equipment will not be made available to vendors. 3.3 COMPANY REPRESENTATIVE There must be an agent or supervisor on call who can be reached by phone in case equipment problems arise after delivery and afterhours. Supervisor or agent must respond within fifteen (15) minutes of initial call and corrections made or replacement of equipment delivered within two (2) hours of initial call. Time of delivery, installation, and pick up must be coordinated through assigned City staff. Delivery, installation, and pickup of all items must be supervised by City staff. END OF SECTION City of Sunny Isles Beach | Request for Proposals No. 20-12-01 20 SECTION 4 Evaluation Process 4.1 Review of Proposals for Responsiveness 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. The City reserves the right to select the Contractor who represents the best value, and to accept or reject any proposal submitted in response to this solicitation. EVALUATION METHOD AND CRITERIA The City will consider the following factors below in evaluating the qualifications of the vendors: 1. Previous successful experience with event rides/games activities services. 2. Vendor possesses all appropriate licenses, certificates, insurances required to do business in the State of Florida. 3. i. The ability, capacity, skill, and organization of the Contractor to perform and support the needs and objectives within the scope of work as proposed. ii. The character, integrity, reputation, judgment, experience of Contractor. iii. The schedule and availability of the Contractor; to include response time. iv. Financial stability. v. The Current and projected workload of the Contractor; to include current contracts with other government entities. 4. Price Schedule 4.2 Price Evaluation The price proposal should include all components of specifications provided. It shall be evaluated subjectively in combination with the qualifications provided, including an evaluation of how well it matches Contractor’s understanding of the City’s needs described in this solicitation, the Contractor’s assumptions, and the value of the proposed services. The pricing evaluation is used as part of the evaluation process. The City reserves the right to negotiate the final terms, conditions and pricing of the contract as may be in the best interest of the City. 4.3 Negotiations The City may award a contract on the basis of initial offers received, without discussions. Therefore, each initial offer should contain the Contractor’s best terms from a monetary and technical standpoint. City of Sunny Isles Beach | Request for Proposals No. 20-12-01 21 Notwithstanding the foregoing, if the City and said Contractor cannot reach agreement on a contract, the City reserves the right to terminate negotiations and may, at the City Manager’s or designee’s discretion, begin negotiations with the next lowest responsible and responsive Contractor. This process may continue until a contract acceptable to the City has been executed or all proposals are rejected. No Contractor shall have any rights against the City arising from such negotiations or termination thereof. Any Contractor recommended for negotiations may be required to provide to the City: a) Its most recent financial statements as of a date not earlier than the end of the Contractor’s preceding official tax accounting period. A copy of the most recent business income tax return will be accepted if 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 Contractor, any of its employees or subcontractors is or has been involved within the last three years. 4.4 DISCUSSIONS & PRESENTATIONS The short-listed contractor’s may be requested to make presentations to the City. The City may require additional information after evaluation of the submittals that does not affect the overall competition of the procurement, the contractor shall agree to furnish such information upon the City’s request. Hence, proposals should be initially submitted on the most complete and favorable terms which contractors are capable of offering to the City. Contractors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals. END OF SECTION City of Sunny Isles Beach | Request for Proposals No. 20-12-01 22 Section 5 Submittal Format 5.0 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 RFP 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 RFP must be in the following format at the time of submittal. 1. Company Information, in response to this Proposal, all Proposers must provide the following:  Name of Agency/Company (including any "Doing Business As" names)  Company Locations  Internet Web Site Address (if any)  Details of Entity Business Structure (Corporation, Partnership, LLC)  Current IRS Form W-9  Date Founded  Home office address and telephone number, and local address and phone number  List of any outstanding litigation that would threaten the viability of the firm or the performance of this contract  Proof of insurance  Email address  Point of Contact  Identify Group applying for 2. Qualifications Proposer’s relevant experience, qualifications and past performance  An explanation of why the Vendor is the best qualified to perform the contract and demonstrate its qualifications based on the specs. List all equipment the Contractor own/lease for this service. 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; and 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 should include: • The names of the employees in the area responsible for this contract. • Their function in the company. City of Sunny Isles Beach | Request for Proposals No. 20-12-01 23 •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 4.Approach / Methodology Proposers approach methodology to providing the services requested in this solicitation Suitability of the methodologies and approaches used in achieving tasks Ability to meet desired timelines and deadlines Photographs of amusement rides and inflatables Current operating guidelines, ADA compliance policies and procedures, and safety policies and procedures that affect employees and the public, including any independent ride inspections, copies of employee safety training procedures with proof of training meetings, seminars, use of safety employees and in‐house safety department, include CDC safety guidelines due to COVID-19. List of variety of Inflatables and small amusement rides offered Identify if you own the proposed equipment or if you are renting/leasing if from another company 5.Cost of Services Each Vendor shall submit in their price proposal any pricing conditions or contingencies (please include if your price is subject to change due to after normal business hours City Events). Prices shall remain firm and fixed for the initial 2 years. 6.References Each Proposer must submit three (3) references of Current and/or Past Customers to whom they have provided services similar in scope and size of those described herein. The City retains the right to request any additional information pertaining to the Proposer's ability, qualifications, and procedures used to accomplish all work under the contract as it deems necessary to ensure safe and satisfactory work. 7.Availability Indicate current and anticipated workloads and availability for other activities and include proximity or frequency to the City for service calls. Identify the extent and nature of any anticipated outside support. 8.Contract Forms All completed contract forms END OF SECTION City of Sunny Isles Beach | Request for Proposals No. 20-12-01 24 SECTION 6 BID FORM 1 RFP Title: EVENT RIDES RENTAL The undersigned Vendor 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 Services 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 vendor accepts all of the terms and conditions of this RFP and Instructions to Vendors. This RFP will remain subject to acceptance for 90 days after the day of RFP opening. The Proposer agrees to sign and submit the Agreement with other documents required by the Bidding Requirements within ten days after the date of the City’s Notice of Award. In submitting this RFP, the Vendor represents, as more fully set forth in the Agreement, that:  The Vendor 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 Vendor 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 Vendor.  This RFP 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 vendor has not directly or indirectly induced or solicited any other Vendor to submit a false or sham RFP; the vendor has not solicited or induced any person, firm or corporation to refrain from Bidding; and vendor has not sought by collusion to obtain for itself any advantage over any other Vendor or over the City. Exact Legal Company Name: __________________________________________ Business Name (dba), if any: __________________________________________ Street Address: _____________________________________________________ Mailing Address (if different): ____________________________________________ Telephone No.: _____________________________________________________ City of Sunny Isles Beach | Request for Proposals No. 20-12-01 25 Fax No.: ___________________________________________________________ Email Address: ______________________________________________________ FEIN No.: __________________________________________________________ *By signing this document the vendor agrees to all Terms Authorized Signature: ________________________________________________ Print Name: ________________________________________________________ Title: ______________________________________________________________ THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF VENDOR 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 VENDOR TO THE TERMS OF ITS OFFER. City of Sunny Isles Beach | Request for Proposals No. 20-12-01 26 BID FORM 2 ADDENDA ACKNOWLEDGEMENT 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 COMPANY NAME: _____________________________________________________________________ AUTHORIZED SIGNATURE: _______________________________ DATE: _______________________ TITLE OF OFFICER: ______________________________________ City of Sunny Isles Beach | Request for Proposals No. 20-12-01 27 BID FORM 3 BID PRICING & AVAILABLE INVENTORY Circle one or multiple: Group A, Group B, Group C, Group D Please duplicate as needed or provide Excel spreadsheet of Bid Form 3 data in this columnar format. Item Description Measurement s of Equipment Measurements of Play Space Age Range of Users Capacity Cost per Item Quantity in Inventory (available for City usage) For equipment indicate whether you own or lease Example: Bounce House Magic Castle Bounce House 40’x 40’ Bounce Space 25’x25’ 5-7 20 at one time $xx.xx xx Own Example: Slide Fire N Ice Slide 20’x40’x18’ Slide 40’Lx18’H 10+ 4 at one time $xx.xx xx Lease Example: Face Painter N/A N/A N/A N/A N/A $12/hr xx City of Sunny Isles Beach | Request for Proposals No. 20-12-01 28 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 in above Paragraph 10.2, 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 in Paragraph 10.2 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 in Paragraph 10.2, 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 _______________________, 200_. Personally Known ________ or Produced Identification ________; Type of identification ___________________________________ (Affix seal here) ___________________________________ NOTARY PUBLIC (name printed or typed) DECEMBER 28, 2010 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. 11.1. 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:_________________________________.) 11.2. 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. 11.3. 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. 11.4. 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 DECEMBER 28, 2010 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. 11.5. 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. 11.6. 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 11.1 (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 ______________________________________ Personally Known __________ OR Produced Identification __________ roduced ________________________________ 10/1998 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: ________________________________________ ________________________________________ DECEMBER 28, 2010 CONFLICT OF INTEREST City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, 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: 18.1. I am the _________________________________________________ of __________________________________with a local office in _____________________________ and principal office in _____________________. 18.2. The above named entity is submitting a Bid for the City of Sunny Isles Beach, RFQ No. ______________ described as: RFP Event Rides. The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his own knowledge. 18.3 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. 18.4 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. 18.5 Neither the entity nor its affiliates, nor any one associated with them, is presently suspended or otherwise ineligible from participation in contract letting by any local, State, or Federal Agency. 18.6 Neither the entity, nor its affiliates, nor any one associated with them have any potential conflict of interest due to any other clients, contracts, or property interests for this project. 18.7 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. 18.8 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. 18.9 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 _____________________________________, 2020. _________________________________ _________________________________ AFFIANT Print or Type Name and Title Sworn to and subscribed before me this _____ day of ______________________, 2020. ˆ Personally Known ________ OR ˆ Produced Identification ________; Type of Identification _________________________ __________________________________ NOTARY PUBLIC STATE OF FLORIDA DECEMBER 28, 2010 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. 19.1. 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 __________ 19.2. 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 __________ 19.3. 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 DECEMBER 28, 2010 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 ________________________________ DECEMBER 28, 2010 CONTRACTOR ANTI-BOYCOTT CERTIFICATION [PURSUANT TO FLORIDA STATUTE § 215.4725] I, ___________________, on behalf of _________________________, Print Name Company Name certifies that___________________________ does not: Company Name 1.Participate in a boycott of Israel; and 2.Is not on the Scrutinized Companies that Boycott Israel list; and 3.Is not on the Scrutinized Companies with Activities in Sudan List; and 4.Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5.Has not engaged in business operations in Cuba or Syria. ________________________________ Signature ________________________________ Title ________________________________ Date E-Verify Affidavit Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employm ent eligibility of all new public employees through the U.S. Department of Homeland Security’s E- Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E-Verify system. Florida Statute 448.095 further provides that if a contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, all contractors doing business with the City of Sunny Isles Beach are required to verify employee eligibility using the E-Verify system for all existing and new employees hired by the contractor during the contract term. Further, the contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of the awarded vendor to ensure compliance with E-Verify requirements (as applicable). To enroll in E-Verify, employers should visit the E-Verif y web site (https://www.e-verify.gov/employers/enrolling-in-e-verify) and follow the instructions. T he 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 , 2020. 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