HomeMy WebLinkAboutRFP 21-03-01 Holiday Lighting and Decorations
City of Sunny Isles Beach | Request for Proposals No. 21-03-01 1
Request for Proposals
Goods & Services
gt
HOLIDAY LIGHTING AND DECORATIONS
Request for Proposals No. 21-03-01
Advertisement Date: Monday, May 3, 2021
Virtual Non-Mandatory Pre-Bid Conference: Friday, May 7, 2021 at 2:00 PM
All Questions Due: Friday, May 14, 2021 by 5:00 PM
Submission due date: Tuesday, June 1, 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. 21-03-01 2
TABLE OF CONTENTS
Table of Contents Page 2
Legal Advertisement / Notice to Vendor Page 3
Instructions to Vendor / General Terms and Conditions Section 1 Page 4
Special Terms and Conditions Section 2 Page 10
Scope of Work and Technical Specifications Section 3 Page 18
Submittal Format Section 4 Page 21
Evaluation Process Section 5 Page 23
Forms Section 6 Page 25
EXHIBITS
A1 – Decorative Street Lights – Collins Ave
A2 – Decorative Street Lights – Collins North
A3 – Decorative Street Lights – Collins Central
A4 – Decorative Street Lights – Collins South
B1 – Heritage Park
B2 – Heritage Park 2020 Décor
C – Samson Park
D1 – Gateway Park
D2-D4 – Gateway Park 2020 Décor
E – Intracoastal Parks
F – North City Entrance
G – William Lehman Causeway Entrance
H – South City Entrance
I1 – Collins Ave Median Trees – North
I2 – Collins Ave Median Trees – Central-North
I3 – Collins Ave Median Trees – Central-South
I4 – Collins Ave Median Trees – South
AFFIDAVITS
Non-Collusive Affidavit
Public Entity Crimes
Equal Opportunity / Affirmative Action Statement
Conflict of Interest Statement
Dispute Disclosure Form
Anti-Kickback Affidavit
Contractor Anti-Boycott Certification
E-Verify Affidavit
City of Sunny Isles Beach | Request for Proposals No. 21-03-01 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.
Holiday Lighting and Decorations
Request for Proposals No. 21-03-01
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.
Sealed Proposals must be received by the City Clerk no later than Tuesday, June 1, 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. 21-03-01
Holiday Lighting and Decorations
OPENING DATE AND TIME: Tuesday, June 1, 2021 at 2:30 PM
A virtual non-mandatory Pre-Bid Conference for potential Bidders is set for Friday, May 7, 2021 at
2:00 PM. Please use the link to join the webinar: https://us02web.zoom.us/j/89776342322.
Webinar ID: 897 7634 2322. Additional access information below in Section 2.
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. 21-03-01 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.
Mauricio Betancur, CMC, City Clerk, City of Sunny Isles Beach
City of Sunny Isles Beach | Request for Proposals No. 21-03-01 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 RFP 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 Invitation to
Bid, Request for Proposal, 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 RFP OPENING:
RFPs 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.
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
City of Sunny Isles Beach | Request for Proposals No. 21-03-01 5
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.
Bidders shall include current Miami-Dade County Certificates of
Competency. These documents shall be furnished to the City along
City of Sunny Isles Beach | Request for Proposals No. 21-03-01 6
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. 21-03-01 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;
City of Sunny Isles Beach | Request for Proposals No. 21-03-01 8
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
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
City of Sunny Isles Beach | Request for Proposals No. 21-03-01 9
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
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. 21-03-01 10
SECTION 2
SPECIAL TERMS AND CONDITIONS
2.1 PURPOSE OF REQUEST FOR PROPOSALS:
The City of Sunny Isles Beach, “City” is seeking proposals from qualified “Contractors”/ “Vendors”
to provide holiday lighting and decorations at various locations throughout the City, including parks,
right-of-ways, and facilities in accordance with the terms, conditions, and specifications contained
in this Request for Proposals “RFP”. The City invites creative proposals for holiday lighting and
decorations that creates a unique and memorable experience for anyone living and visiting Sunny
Isles Beach during the holiday season. The Proposer will be responsible for the design, installation,
maintenance, removal and storage of all Proposer-provided lights and decorations. The lighting
and decoration shall be installed, maintained, stored and removed during the holiday season
between mid-November and early January (the “Holiday Lighting Season”). For the 2021 holiday
season, the lighting and decorations shall be installed and ready for lighting no later than
November 19, 2021 and removed by January 15, 2022. The City shall have the option to
engage one or more qualified contractor(s) for holiday decorations, if needed.
2.2 NON-MANDATORY PRE-BID CONFERENCE VIA ZOOM:
A non-mandatory pre-bid conference is scheduled for the time and location shown in the Notice to
Bidder, Friday, May 7, 2021 02:00 PM Eastern Time (US and Canada). It is not mandatory that
Bidders attend the virtual pre-bid conference. No claim of ignorance by the Bidder of conditions
that exist, or that may hereinafter exist as a result of failure to make the necessary examinations
or investigations or failure to fulfill in every detail the requirements of the contract documents, will
be accepted as basis for varying the requirements of the City of Sunny Isles Beach. Oral statements
may not be relied upon and will not be binding or legally effective. As such an addendum will be
issued if any alterations are made to the specifications contained herein.
When: May 7, 2021 02:00 PM Eastern Time (US and Canada)
Topic: Pre-Bid Meeting - RFP 21-03-01 Holiday Lighting
Webinar ID: 897 7634 2322
Please use the link below to join the webinar:
https://us02web.zoom.us/j/89776342322
Or Telephone:
Dial (for higher quality, dial a number based on your current location):
US: +1 312 626 6799
+1 929 205 6099
+1 301 715 8592
+1 346 248 7799
+1 669 900 6833
+1 253 215 8782
City of Sunny Isles Beach | Request for Proposals No. 21-03-01 11
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 the
agreement; and contingent upon the completion and submittal of all required proposal documents.
This contract shall remain in effect for an initial three (3) years; provided that the services rendered
by the vendor during the contract period are satisfactory. 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
two (2) one (1) year renewal terms.
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 two (2) 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 (CPI), All Urban Consumers, All Items, Miami-
Ft. Lauderdale area, in an amount not to exceed 3%.
It is the vendor’s responsibility to request any pricing adjustment under this provision. For any
adjustment to commence on the first day of any exercised option period, the vendor’s
request for adjustment should be submitted no later than ninety (90) days prior to expiration
of the then current contract term. The vendor adjustment request should not be in excess of the
relevant pricing index change. If no adjustment request is received from the vendor, the City will
assume that the vendor has agreed that 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.
City of Sunny Isles Beach | Request for Proposals No. 21-03-01 12
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 such 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. Proposer shall have a lighting crew trained and experienced in
maintaining and restoring the holiday lighting systems, including LED lights sets. Award of this
contract will be made to the responsive and responsible vendor who meets the minimum
qualifications set forth in this solicitation. Additionally, Proposer shall maintain a 24-hour per day,
7 day per week call center with a primary and secondary point of contact during the Holiday Lighting
Season, to which outages and other problems can be reported. The awarded proposer shall
respond within eight hours by being on site at the designated area upon notification by the City or
its designated representative of a request to address a reported problem. Proposer shall ensure
that all City holiday lights and decorations are functioning by 5:00 p.m. each day during the Holiday
Lighting Season. Additional requirements include:
Dates may change, due to weather or other circumstances, such as COVID-19, nonetheless
vendor will not be considered if not available to meet needs for the dates below:
o Installation of all lighting and décor by November 19, 2021 or prior, upon written
approval from the City. Removal must be completed January 9th through January
15th, 2022.
o For subsequent years, the awarded Contractor is required to have lighting installed
by the week before Thanksgiving.
o For subsequent years, removal of lights and decorations shall be done no later than
the second week of January.
2.7 METHOD OF AWARD BASED ON DESIGN PROPOSALS
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 location, 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.
City of Sunny Isles Beach | Request for Proposals No. 21-03-01 13
2.8 BUDGET
The City’s annual budget for holiday décor has been approximately $100,000 in the past; however,
the City is open to proposals and will award based on a combination of design and best value to
the City.
2.9 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.
2.10 RELEASE OF LIABILITY
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).
2.11 INSURANCE
2.11.1 Comprehensive General Liability Insurance
Comprehensive General Liability with minimum limits of One Million Dollars
($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and
Property Damage Liability. Coverage must be 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.
City of Sunny Isles Beach | Request for Proposals No. 21-03-01 14
2.11.2 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.
2.11.3 Worker’s Compensation Insurance
Worker's Compensation Insurance for statutory obligations imposed by Worker's
Compensation or Occupational Disease Laws, including, where applicable, the United States
Longshoremen's and Harbor Worker's Act, the Federal Employers’ Liability Act and the Homes
Act. 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.
2.11.4 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 Contractor 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
City of Sunny Isles Beach | Request for Proposals No. 21-03-01 15
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.
2.12 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 Contractor shall not charge
the City for any lights that become non‐functional during the time of the Holiday Season. 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, and all work to be done 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 8 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
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 or for contract termination.
City of Sunny Isles Beach | Request for Proposals No. 21-03-01 16
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, pole 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 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.
2.18 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 of Sunny Isles Beach | Request for Proposals No. 21-03-01 17
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 AT MBetancur@sibfl.net.
END OF SECTION
City of Sunny Isles Beach | Request for Proposals No. 21-03-01 18
SECTION 3
SCOPE OF SERVICES
3.1 SCOPE OF SERVICES
The City of Sunny Isles Beach, “City” is seeking proposals from qualified “Contractors”/ “Vendors”
to provide holiday lighting and decorations at various locations throughout the City, including
parks, right-of-ways, and facilities. The City is inviting creative proposals for holiday lighting and
decorations that create a unique and memorable experience for anyone living and visiting Sunny
Isles Beach during the holiday season. The term of the initial Agreement shall be for the 2021
holiday season; the holiday lighting and decoration shall be installed and ready for lighting no later
than November 19, 2021. Safe removal of all lights and decorations must be completed January
9th through January 15th, 2022. The City shall have the option to engage one or more qualified
contractor(s) for holiday decorations, if needed. The vendor shall provide all labor, transportation,
equipment, and materials for the delivery, operation and removal of all equipment and decorations.
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 City will provide outlets and pay for
electricity for all holiday displays, as needed. Contractor shall supply all lifts and other materials
necessary to safely and successfully install, maintain, and remove lights and decorations.
The contractor shall be responsible for injury to persons caused by the operation of the equipment.
A detailed project implementation plan shall be provided to City staff by July 1 of each contract
year. Proposer shall be responsible for ensuring it is in possession of all required City permits prior
to commencement of work, and maintaining permits throughout the contract award, as required.
All costs associated with obtaining required permits shall be the responsibility of the awarded
Proposer(s). Specific responsibilities include but are not limited to the following:
Design and Furnish at the following locations:
The vendor can propose equipment/services for award by the following locations:
Group 1 – A1A Street Pole Décor (Exhibits A1-A4 attached)
A. A1A Street Pole Décor (161 light poles) – Multi-colored lit decoration, no less than 3
colors per pole.
Group 2 – Parks, Right-of-ways, and Facilities
Park Lighting (Exhibits B - E attached)
B. Heritage Park (19200 Collins Ave, Sunny Isles Beach, FL 33160) – minimum
requirement is décor that meets or exceeds visual impact of 2020 décor, which
consisted of:
City of Sunny Isles Beach | Request for Proposals No. 21-03-01 19
Medjool Palm trees, quantity 26 (wrap trunk, up to fronds)
Fountain wall (decoration on or around facing Collins Avenue)
C. Samson Park (17425 Collins Ave, Sunny Isles Beach, FL 33160) – minimum
requirement is décor that meets or exceeds visual impact of 2020 décor, which
consisted of:
Medjool Palm trees, quantity 12 (wrap trunk, up to fronds)
D. Gateway Park (151 Sunny Isles Blvd, Sunny Isles Beach, FL 33160) – minimum
requirement is exterior décor that meets or exceeds visual impact of 2020 décor,
which consisted of:
Oak Trees, quantity 22 (wrap trunk and canopy)
Menorah
E. Intracoastal Park (Collins Avenue, 159 to 163 Street, Sunny Isles Beach, FL 33160)
Open to proposal
Right of Ways (Exhibits F - I attached)
F. North City Entrance (median on Collins Avenue, between 193 rd Street and Terracini
Avenue)
Open to proposal
G. William Lehman Causeway Entrance (median on SR 856 E/William Lehman Causeway
Ramp, just west of Collins Avenue) – minimum requirement is décor that meets or
exceeds visual impact of 2020 décor, which consisted of:
Medjool palm trees, quantity 8 (wrap trunk, up to fronds)
H. South City Entrance (median on Collins Avenue, between Haulover Park and 158 th
Street)
Open to proposal
I. Collins Avenue, median, from South City limit to North City limit – minimum
requirements:
Medjool Palm trees, quantity 56 (wrap trunk, up to fronds)
Royal Palm trees, quantity 92 (wrap trunk, up to fronds)
Facilities
J. Government Center (18070 Collins Avenue) – minimum requirement is décor that
meets or exceeds visual impact of 2020 décor, which consisted of:
Exterior - Medjool Palm trees, quantity 6 (wrap trunk, up to fronds)
Interior - 10’ Christmas Tree for Lobby
City of Sunny Isles Beach | Request for Proposals No. 21-03-01 20
K. Pelican Community Park (18115 North Bay Road) – minimum requirement:
7’ Christmas Tree for Lobby (ceiling height is 9’)
L. Gateway Center (151 Sunny Isles Boulevard) – minimum requirement:
8’ Christmas Tree for Lobby (ceiling height is 10’9”)
Group 3 - Event at Gateway Park
M. Event at Gateway Park (151 Sunny Isles Boulevard) – open lawn
Open to proposal – light/music display that can be repeated nightly for up to
2 weeks, minimal damage to lawn. To be up for approximately 2 – 3 weeks.
3.2 LOCATIONS AND MINIMUM REQUIREMENTS
Broken, damaged or equipment delivered in poor condition will not be accepted by the City.
Replacement equipment must be delivered within eight (8) 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. Contractor
shall be neatly groomed in an approved uniform, with a visible name tag and properly equipped at
all time.
END OF SECTION
City of Sunny Isles Beach | Request for Proposals No. 21-03-01 21
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 Holiday Lights and Decorations.
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 and Terms
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.
City of Sunny Isles Beach | Request for Proposals No. 21-03-01 22
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.
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 contractors 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. 21-03-01 23
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. All proposals shall include color renderings
of all components of the proposed design.
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 locations submitting for
Payment Terms
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
owns/leases 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
City of Sunny Isles Beach | Request for Proposals No. 21-03-01 24
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.
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 approach used in achieving tasks
Ability to meet desired timelines and deadlines
Pictures of design concept
Current operating guidelines, ADA compliance policies and procedures, and safety policies
and procedures that affect employees and the public, including any independent
inspections, copies of employee safety training procedures with proof of training meetings
List of owned decorations and equipment
Each bid must specify amperage and electrical requirements
5. Cost of Services
Each Vendor shall submit in their price proposal any pricing conditions or
contingencies. Prices shall remain firm and fixed for the initial 3 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 if vendor can meet the timelines the City has identified. 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. 21-03-01 25
SECTION 6
BID FORM 1
RFP Title: HOLIDAY LIGHTING AND DECORATIONS
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.
The Proposer understands and agrees that the Bid is for unit prices to furnish and install individual Work Items
for maintenance and/or repair work, complete in place. Estimates are provided for the purposes of Bid Evaluation
and to establish unit prices for individual Work to be contracted by the City under individual Purchase Orders,
based on the unit prices established under this Bid.
The City and the successful Proposer will establish completion times for each individual Work Item and the
successful Proposer agrees that the work will be completed within the time frames agreed upon and stipulated
in the individual Purchase Orders and/or Notice to Proceed.
City of Sunny Isles Beach | Request for Proposals No. 21-03-01 26
Firm Name:
_____________________________________________________________________________
Street Address:
_____________________________________________________________________________
Mailing Address (if different):
_____________________________________________________________________________
Telephone No. _______________________________ Fax No. _________________________
Email Address: _______________________________ FEIN No. __/__-__/__/__/__/__/__/__
*“By signing this document the bidder agrees to all Terms and conditions of this Request for
Proposal.
Signature:
__________________________________________________________________
(Signature of authorized agent)
Print Name: ____________________________________
Title: _________________________________________
THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE
BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE
INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL NON-
RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL THAT
INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE PROPOSER TO THE
TERMS OF ITS OFFER.
City of Sunny Isles Beach | Request for Proposals No. 21-03-01 27
BID FORM 2
ACKNOWLEDGEMENT OF ADDENDA
INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES
PART I:
LIST BELOW ARE THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED IN CONNECTION
WITH THIS BID
Addendum #1, Dated
Addendum #2, Dated
Addendum #3, Dated
Addendum #4, Dated
Addendum #5, Dated
Addendum #6, Dated
Addendum #7, Dated
Addendum #8, Dated
PART II:
NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID
FIRM NAME:
AUTHORIZED SIGNATURE: DATE:
TITLE OF OFFICER:
City of Sunny Isles Beach | Request for Proposals No. 21-03-01 28
BID FORM 3
BID PRICING & AVAILABLE INVENTORY
ALL-INCLUSIVE PRICE PROPOSAL. All fees, expenses and any optional costs should be included in the proposed
pricing. The City will not be responsible for expenses incurred in preparing and submitting the technical and price
proposal. Such costs should not be included in the proposal.
Item Total $ NTE Amount
Group 1: A1A Street Pole Décor
A. A1A Street Pole Décor Price Per Light Pole:
161 light poles. Multi-colored lit decoration,
no less than 3 colors per pole.
Group 1 Subtotal:
Group 2: Parks, Right of Ways, and Facilities
Parks:
B. Heritage Park
C. Samson Park
D. Gateway Park
E. Intracoastal Park
Right of Ways:
F. North City Entrance
G. William Lehman Causeway Entrance
H. South City Entrance
I. Collins Avenue (Median) Price Per Tree Type:
Medjool Palm trees, quantity 56
Royal Palm trees, quantity 92
City of Sunny Isles Beach | Request for Proposals No. 21-03-01 29
Facilities:
J. Government Center
K. Pelican Community Park
L. Gateway Center
Group 2 Subtotal:
Group 3: Event at Gateway Park
M. Event at Gateway Park
Group 3 Subtotal:
TOTAL of Groups 1, 2, and 3: $
Provide itemize breakdown for each location.
Signature of Authorized Official: ________________________________________
Name (typed): _____________________________________________
Company Name: ____________________________________________
City of Sunny Isles Beach | Request for Proposals No. 21-03-01 30
EXHIBITS
174 ST
189 ST
NORTH BAY RD172 ST
191 ST
192 ST
190 ST
178 DR188 ST
178 ST
189 TER
187 ST
191 TER
POINCIANA
D
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186 ST
183 ST
177 DRATLANTIC BLVD194 TRL
38 CTNORTH BAY RDCopyright nearmap 2015
Decorative Street Lights - Collins Ave
Collins Ave Banner Mount Poles
EXHIBIT A1
189 ST
191 ST
192 ST
190 ST
188 ST
189 TER
187 ST ATLANTIC BLVD191 TER
186 ST
183 ST
N
O
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B
A
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R
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194 TRL
40 CT38 CT185 ST
194 LN39 CT39 AVE195 ST
NORTH BAY RDCopyright nearmap 2015
Decorative Street Lights - Collins North
Collins Ave Banner Mount Poles
EXHIBIT A2
174 ST
172 STNORTH BAY RD178 DR178 ST
18
0
D
R
183 ST
18
1
D
R
177 DRATLANTIC BLVD17
9
D
R
18
2
D
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175 TERATLANTIC BLVDCopyright nearmap 2015
Decorative Street Lights - Collins Central
Collins Ave Banner Mount Poles
EXHIBIT A3
POINCIANA DRNORTH BAY RDKINGS POINT DR
(826)
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Decorative Street Lights - Collins South
Collins Ave Banner Mount Poles
EXHIBIT A4
A1A (COLLINS AVENUE)Copyright nearmap 2015
Heritage Park EXHIBIT B1
EXHIBIT B2
Heritage Park 2020 Décor
Copyright nearmap 2015
Samson Oceanfront Park EXHIBIT C
(826)
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Gateway Park EXHIBIT D1
EXHIBIT D2
Gateway Park 2020 Décor
EXHIBIT D3
Gateway Park 2020 Décor
EXHIBIT D4
Gateway Park 2020 Décor
A1A (COLLINS AVENUE)POINCIANA DR
Copyright nearmap 2015
Intracoastal Parks EXHIBIT E
North Entrance EXHIBIT F
William Lehman Causeway Entrance EXHIBIT G
South Entrance EXHIBIT H
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Copyright nearmap 2015
Trees - Collins Median Only
Species
#*COCONUT PALM
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Collins Ave Median Trees - North EXHIBIT I1
(From North City Limit to 188 St)
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A1A (COLLINS AVENUE)178 ST
186 ST
188 ST
187 ST
183 ST
18
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Trees - Collins Median Only
Species
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nCollins Ave Media Trees - Central-North EXHIBIT I2
(From 188 St to 178 St)
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174 ST
172 ST
178 ST
A1A (COLLINS AVENUE)178 DR177 DRATLANTIC BLVD175 TER
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Trees - Collins Median Only
Species
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Collins Ave Median Trees - Central-South EXHIBIT I3
(From 178 St to 16900 Block)
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Trees - Collins Median Only
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Collins Ave Median Trees - South EXHIBIT I4
(From 16900 Block to South City Limits)
City of Sunny Isles Beach | Request for Proposals No. 21-03-01 31
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 _____________________________________, 2021. _________________________________ _________________________________ AFFIANT Print or Type Name and Title
Sworn to and subscribed before me this _____ day of ______________________, 2021.
Personally Known ________ OR
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 , 2021.
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