HomeMy WebLinkAboutRFP 21-06-01 Seasonal Experiential Activation (Final)
City of Sunny Isles Beach |Request for Proposal No. 21-06-01 1
Request for Proposals
Goods & Services
Seasonal Experiential Activation
Request for Proposals No. 21-06-01
Advertisement Date: June 16, 2021
Non-Mandatory Pre-Bid Conference Tuesday, June 22, 2021 at 2:00PM
All Questions Due: Friday, June 25, 2021 at 2:00PM
Submission due date: Wednesday, July 7, 2021 at 2:30PM
Submit to:
Attn: City Clerk
Sunny Isles Beach Government Center
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
Anticipated City Commission
Meeting Agenda
July 2021
City of Sunny Isles Beach |Request for Proposal No. 21-06-01 2
TABLE OF CONTENTS
Table of Contents Page 2
Legal Advertisement/Notice to Bidder Page 3
Instructions to Bidder / General Terms Section 1 Page 4
Special Terms & Conditions Section 2 Page 9
Scope of Services/ Technical Specifications Section 3 Page 15
Evaluation Process Section 4 Page 19
Proposal Format Section 5 Page 21
Bid Submittal Forms Section 6 Page 24
Attachments
Attachment – A Compensation Plan
Attachment – B Outdoor Location
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 Proposal No. 21-06-01 3
LEGAL ADVERTISEMENT
NOTICE TO BIDDER
NOTICE IS HEREBY GIVEN that the City of Sunny Isles Beach is seeking sealed Proposals for the
following work as specified.
Seasonal Experiential Activation
Request for Proposal No. 21-06-01
The Proposal Specifications for this Request for Proposal are available from DemandStar by calling (800)
711-1712 or by accessing their website at www.demandstar.com. The Proposal Specifications may also be
examined at the City of Sunny Isles Beach – Office of the City Clerk. Operators 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 operators who are listed on the official list. The City may
not accept incomplete Bids.
Bids shall be on a unit price basis; segregated Bids will not be accepted. Sealed Bids will be received by
the City Clerk no later than 2:30 PM, on Wednesday, July 7, 2021 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 Bid must be clearly marked:
“FORMAL PROPOSAL ENCLOSED”
RFP No. 21-06-01
Seasonal Experiential Activation
OPENING DATE AND TIME: Wednesday, July 7, 2021 at 2:30 PM
A virtual non-mandatory Pre-Bid Conference for potential Bidders is set for Tuesday, June 22, 2021 at 2:00
PM. Please use the following link to join the webinar: https://us02web.zoom.us/j/89825518384.
Webinar ID: 898 2551 8384. Additional access information below in Section 2.
The City reserves the right to reject any or all Bids, with or without cause, to waive technical errors and
informalities, and to accept the Bid, which best serves the interest of, and represents the best value to, the
Owner in conformity with the criteria set forth in Section 62-8 of the Code of Ordinances of the City of
Sunny Isles Beach.
All questions regarding Request for Proposal No. 21-06-01 shall be directed in writing to Mauricio Betancur,
CMC, City Clerk, at least five (5) business days prior to the date of the Bid opening. Questions may be
submitted 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. Pursuant to Florida Statutes 119.071, sealed bids, proposals or replies by an agency pursuant to a
City of Sunny Isles Beach |Request for Proposal No. 21-06-01 4
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
SECTION 1
INSTRUCTIONS TO RESPONDENTS / GENERAL TERMS AND CONDITIONS
THESE INSTRUCTIONS ARE STANDARD FOR ALL REQUEST FOR PROPOSALS 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 QUALIFERS.
ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THE GENERAL CONDITIONS SHALL HAVE PRECEDENCE. FIRM AGREES THAT THE PROVISIONS INCLUDED WITHIN
THIS RFP SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY STANDARD FORM CONTRACT OF THE QUALIFER REGARDLESS OF ANY LANGUAGE IN QUALIFER’S
CONTRACT TO THE CONTRARY.
1.1 CLARIFICATION/EXPLANATION/QUESTIONS:
Any questions concerning this Request for Proposals 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, Deputy 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 Request for Proposals 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 Respondent from submitting their submission on the
required date and time as publicly noted.
1.2 PLAN HOLDER’S LIST:
As a convenience to operators, the City of Sunny Isles Beach has
made available via Internet lists of all plan holders for each Request
for Proposals. 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 firms
(those who have been registered as receiving qualifications) receive
the documents. It is the responsibility of the firm prior to the
submission of any Submittal 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’s must be acknowledged
on the ACKNOWLEDGEMENT OF ADDENDA sheet.
1.4 SPECIAL ACCOMMODATIONS:
Any person requiring a special accommodation at a 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-Qualifications
Conference or RFP 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 operator list following a conviction for a public entity crime
may not submit a submittal on a contract to provide any goods or
services to a public entity, may not submit a submittal on a contract
with a public entity for the construction or repair of a public Facility
or public work, may not submit submittals on leases of real property
to a public entity, may not be awarded to perform work as a
Contractor, supplier, sub-Contractor, or consultant under a contract
with any public entity, and may not transact business with any public
entity in excess of the threshold amount provided in section 287.107,
for category two for a period of 36 months from the date of being
placed on the convicted operator list”.
1.6 RESPONDENT DEADLINE:
Package must be submitted no later than the time and date shown
within this document.
1.7 SEALED BID:
Intentionally Omitted
1.8 QUALIFICATION EXECUTION, SIGNATURES,
ERASURE/CORRECTION:
All submissions shall be signed in blue ink. All corrections made by
the firms prior to the opening must be initialed and dated by the
firms. No changes or corrections will be allowed after RFQ’s are
opened. Submissions must contain an original, manual signature of
an authorized representative of the company.
1.9 WITHDRAWAL OF SUBMISSIONS:
Qualified Firms may withdraw submissions only by written request
and shall forward the withdrawal request via “Certified U.S. Mail –
Return Receipt Requested” prior to opening time. Negligence on the
part of the Firm in preparing the document confers no right for the
withdrawal of the submission after it has been opened.
1.10 SUBMISSION OPENING:
Submissions will be opened publicly at the time and place stated in
the Notice to Qualifier. It is the responsibility of the Firm, to insure
that the submission reaches the Office of the City Clerk on or before
the closing hour and date stated on the Request for Proposals. After
the submission opening, the names of the submitting Firms will be
made public for the information of firms and other interested parties
who may be present either in person or by representative.
Submissions that are received after the opening time will not be
considered and will not be returned.
1.11 EVALUATION OF SUBMISSIONS:
The City, at its sole discretion, reserves the right to inspect any/all
Firms facilities to determine their capability of meeting the
requirements for the Contract. Also, responsibility, and
responsiveness of the Firm, the financial position, experience,
City of Sunny Isles Beach |Request for Proposal No. 21-06-01 5
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 Firm’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
submission, as applicable.
1.11.2 Cancellation: Failure on the part of the Firm to comply
with the conditions, specifications, requirements, and
terms as determined by the City, shall be just cause for
cancellation of the Award.
1.11.3 Disputes: If any dispute concerning a question of fact
arises under the Contract, other than termination for
default or convenience, the Contractor and the City
department responsible for the administration of the
Contract shall make a good faith effort to resolve the
dispute. If the dispute cannot be resolved by
agreement, then the department with the advice of the
City Attorney shall resolve the dispute and send a
written copy of its decision to the Contractor, which
shall be binding on both parties.
1.12 PERFORMANCE BOND:
The City of Sunny Isles Beach shall require the successful Bidder to
furnish a Performance Bond and Payment Bond in the amount of
100% of the total Bid Price, with the City of Sunny Isles Beach as
the Obligee, as security for the faithful performance of the Contract
and for the payment of all persons performing labor or furnishing
materials in connection herewith within ten (10) calendar days after
issuance of the Notice of Award by the City. The Performance and
Payment Bond shall continue in effect through the contract term.
The bonds shall be with a surety company authorized to do business
in the State of Florida and having been in business with a record of
successful continuous operation for at least five (5) years.
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. The City holds a firm stance on our standard
NET 30 payment terms and the responding firm shall understand and
accepts this. All invoices must bear the purchase order number.
1.14 BRAND NAMES:
Intentionally Omitted
1.15 MATERIAL:
Intentionally Omitted
1.16 SAMPLES:
Intentionally Omitted
1.17 QUANTITY GUARANTY:
Intentionally Omitted
1.18 GOVERNMENTAL RESTRICTIONS ON MATERIALS:
Intentionally Omitted
1.19 SAFETY STANDARDS:
The equipment shall conform to all applicable OSHA, State of Florida
and Federal safety requirements.
1.20 WARRANTIES:
Intentionally Omitted.
1.21 COPYRIGHTS/PATENT RIGHTS:
Intentionally Omitted
1.22 LOCAL BUSINESS TAX (OCCUPATIONAL LICENSE
REGISTRATION):
The firm shall be responsible for obtaining and maintaining
throughout the contract period his or her city and county local
business tax receipts. Each Firm submitting a submittal on this
Request for Proposal shall include a copy of the company’s local
business tax/occupational license(s) with the qualifiers response.
For information specific to City of Sunny Isles Beach local business
tax/occupational licenses, please call Code Enforcement & Licensing
at (305) 792-1705. If the contractor is operating under a fictitious
name as defined in Section 865.059, Florida Statutes, proof of
current registration with the Florida Secretary of State shall be
submitted. 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:
Firms shall assume the full duty, obligation, and expense of obtaining
all necessary licenses, permits, inspections, and insurance required.
The Firm shall be liable for any damages or loss to the City
occasioned by negligence of the Firm (or their agent) or any person
the Firm has designated in the completion of their contract as a result
of the submission. Firm 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.
Firm shall include current Miami-Dade County Certificates of
Competency. These documents shall be furnished to the City along
with the Firms response. Failure to furnish these documents or to
have required licensor will be grounds for rejecting the submission.
1.24 CERTIFICATE (S) OF INSURANCE:
Firm 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 and
section. At the time of Firms submission the Firm 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 Firm 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 Firms,
which relate to the activities of such operator 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 Firm 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:
City of Sunny Isles Beach |Request for Proposal No. 21-06-01 6
The Firm shall not transfer or assign the performance required by
this RFP without the prior written consent of the City Manager. Any
award issued pursuant to the Request for Proposals and monies,
which may be due hereunder, are not assignable except with prior
written approval of the City Manager. Further, in the event that the
majority ownership or control of the Firm changes hands subsequent
to the award of this contract, Firm 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 Firm shall indemnify, hold harmless, and defend the City of
Sunny Isles Beach, it's officers, agents and employees from and
against any claims, demands or causes of action of whatsoever kind
or nature arising out of error, omission, negligent act, conduct, or
misconduct of the Contractor, their agents, servants or employees in
the provision of goods or the performance of services pursuant to
this RFP and / or from any procurement decision of the City including
without limitation, awarding the Contract to the Firm.
1.27 NON-CONFORMANCE TO CONTRACT:
Intentionally Omitted
1.28 DEFAULT PROVISION:
In case of default by the Firm, the City of Sunny Isles Beach may
procure the articles or services from other sources and hold the Firms
responsible for any excess costs occasioned or incurred thereby.
1.29 SECONDARY/OTHER FIRMS:
Intentionally Omitted.
1.30 DEFINITIONS:
Wherever used in these General Conditions or in the other Contract
Documents, the following terms shall have the meaning indicated
which shall be applicable to both the singular and plural thereof:
Acceptance: Acceptance by the City of the Work as
being fully complete in accordance with
the Contract Documents subject to
waiver of claims.
Agreement: The written Agreement between the City
and the Contractor covering the Work to
be performed, which includes the
Contract Documents.
Addenda: Written or graphic instruments issued
prior to the Bid Opening, which modify or
interpret the Contract Documents,
Drawings and Specifications, by addition,
deletions, clarifications or corrections.
Approved: Means approved by the City.
Firm: Any person or corporation submitting a
package for RFP Work.
Bonds: Bid, performance bond and other
instruments of security, furnished by the
Contractor and their surety in accordance
with the Contract Documents and in
accordance with the law of the State of
Florida.
Change Order: A written order to the Contractor signed
by the City authorizing an addition,
deletion or revision in the Work, or an
adjustment in the Contract Price or the
Contract Time issued after execution of
the Agreement.
City: City of Sunny Isles Beach, 18070 Collins
Avenue, Sunny Isles Beach, Florida
33160.
Contract Documents: Contract Documents shall include,
Instructions to Firms, Contractor's Bid,
the Bonds, the Notice of Award, the
Agreement between the City and
Contractor as well as any addenda
thereto, these General Conditions,
Special Conditions, the Technical
Specifications, Drawings and
Modifications, Notice to Proceed,
Request for Qualifications, Insurance
Certificates, Change Orders and
Acknowledgment of Conformance with
the City of Sunny Isles Beach.
Contract Price: The total monies payable to the
Contractor under the Contract
Documents.
Contract Time: The number of calendar days stated in
the Agreement for the completion of the
Work.
Contracting Officer: The individual who is authorized to sign
the contract documents on behalf of the
City’s governing body.
Contractor: The person, firm or corporation with
whom the City has executed this
Agreement.
Day: A calendar day of twenty-four hours
measured from midnight to the next
midnight.
Field Order: A written order issued by the City which
clarifies or interprets the Contract
Documents or orders minor changes in
the Work.
Modification: Modification means any one of the
following: (a) a written amendment of
the Contract Documents signed by both
parties, (b) a Change Order, (c) a written
clarification or interpretation if issued by
the City, or (d) a written order for minor
change or alteration in the Work issued
by the City. A modification may only be
issued after execution of the Agreement.
Notice of Award: The written notice by City to the apparent
successful Firms 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.
City of Sunny Isles Beach |Request for Proposal No. 21-06-01 7
Statement of Services: The form furnished by the City which is
to be used by the Contractor in
requesting progress payments.
Supplier: Any person or organization that supplies
materials or equipment for the Work,
including that fabricated to a special
design, but who does not perform labor
at the site.
Work: Any and all obligations, duties and
responsibilities necessary to the
successful completion of the Project
assigned to or undertaken by Contractor
under the Contract Documents, including
all labor, materials, equipment and other
incidentals, and the furnishing thereof.
Written Notice: The term “Notice” as used herein shall
mean and include all written notices,
demands, instructions, claims, approvals
and disapprovals 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 REQUEST FOR PROPOSAL AWARD:
The City reserves the right to reject any and all
submissions at its sole discretion. The City shall
award contract after the City performs all necessary
searches, inquiries, exploration, and analysis of the
submissions. No Notice of Award will be given until
the City has concluded any investigation(s) as they
deem necessary to establish the Firm’s capability to
perform the Services as described in this RFP 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
Firms 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 submissions of any Firms on the
basis of these queries and investigations and to
reject those who do not meet the City’s satisfaction.
When analyzing submissions, the City will 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 Firm a Contract for execution within
ninety (90) days after opening of submissions.
1.32 EXECUTION OF AGREEMENT:
At least four counterparts of the Agreement, the Certificates of
Insurance and such other Documents as required by the Contract
Documents shall be executed and delivered by the Firm to the City
within ten (10) calendar days of receipt of the Notice of Award.
1.33 LAWS AND REGULATIONS:
The Firm will give all notices and comply with all laws, ordinances,
rules and regulations applicable to the Work. If the Firm 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 Firm performs
any Work knowing it to be contrary to such laws, ordinances, rules
and regulations, and without such notice to the City, they will bear
all costs arising wherefrom.
1.34 TAXES:
The City of Sunny Isles Beach is exempt from sales tax imposed by
the State and/or Federal Government. Florida Sales Tax Exemption
No. 23-00-477131-54C appears on each purchase order. Exemption
certificates are available upon request.
1.35 DUTY TO DEFEND, INDEMNIFY AND SAVE HARMLESS:
In consideration of the separate sum of twenty-five dollars ($25.00)
and other valuable consideration, the Firm shall defend, indemnify
and hold harmless the City, its officers, agents and employees, from
or on account of any injuries or damages, received or sustained by
any person or persons during or on account of any operations
connected with the Work described in the Contract Documents, or
by or in consequence of any negligence in connection with the same;
or by use of any improper materials or by or on account of any act
or omission of the said Firm, agents, servants or employees. The
Firm 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 Firm or 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 Firm 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, Firm,
upon written notice from City shall defend such action or proceeding
by counsel satisfactory to City. The indemnification provided above
shall obligate Firm 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 Firm 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 Firm 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 Firm 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 fail to supply
sufficient skilled workmen or equipment, or if they disregard laws,
City of Sunny Isles Beach |Request for Proposal No. 21-06-01 8
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 Firm ten (10) days written notice and terminate the
services of the Firm if they fail to cure the noted violations within this
day cure period. In such case the Firm shall only be paid for Work
satisfactorily performed up to the effective date of termination.
1.37.1 Where the Firm’s services have been so terminated by
the City said termination should not affect any rights of
the City against the Firm then existing or which may
thereafter accrue. Any retention or payment of
moneys by the City due the Firm will not release the
Firm from liability.
1.37.2 Upon ten (10) days written notice to the Firm, the City
may, without cause and without prejudice to any other
right or remedy, elect to terminate the Agreement
without cause. In such case, the Firm shall be paid for
all Work satisfactorily performed and accepted by the
City as of the effective date of the termination. No
payment shall be made for lost profit or any other
consequential damages for Work that has not been
performed regardless of whether Firm is terminated
with or without cause.
1.38 MISCELLANEOUS:
Firm 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 Firm 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
Firm 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 Firm 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 Firm knowingly, irrevocably voluntarily and intentionally
waive any right either may have to a trial by jury in State or Federal
Court proceedings in respect to any action, proceeding, lawsuit or
counterclaim based upon the Contract Documents or the
performance of the Work there under.
1.40 GOVERNING LAW:
The Contract shall be construed in accordance with and governed by
the law of the State of Florida.
1.41 VENUE:
Venue of any action to enforce the Contract Documents shall be in
Miami-Dade County, Florida.
1.42 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 Firm
which relate in any way to the Work, and to any claim for additional
compensation made by Firm, and to conduct an audit of the financial
and accounting records of Firm which relate to the Work. Firm shall
retain and make available to City all such books and records and
accounts, financial or otherwise, which relate to the Work and to any
claim for a period of three years following final completion of the
Work. During the Work and the three-year period following final
completion of the Work, Firm shall provide City access to its books
and records upon five days written notice.
1.43 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.
1.44 INDEPENDENT FIRM:
The Firm is an independent contractor under the Contract. Services
provided by the Firm shall be by employees of the Firm and subject
to supervision by the Firm, 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 Firm.
End of Section
City of Sunny Isles Beach |Request for Proposal No. 21-06-01 9
SECTION 2
SPECIAL TERMS AND CONDITIONS
2.1 BACKGROUND AND PURPOSE:
The City of Sunny Isles Beach, Florida (the “City”) occupies 1.78 square miles in the northeastern
corner of Miami-Dade County, the most populated county in the State of Florida. With an
estimated population of 23,253, Sunny Isles Beach ranks 15 in population amongst the 34
municipalities in the County. The City is located on a barrier island bounded by the Atlantic Ocean
on the east and the Atlantic Intracoastal Waterway on the west and has been developed
primarily for residential purposes.
Sunny Isles Beach is known as a coastal oasis with pristine beaches and eleven family-friendly
parks. With a strong focus on safety, community engagement and forward-thinking, the City of
Sunny Isles Beach is a prosperous and collaborative municipality offering an assortment of
programs and services primarily for its residents. The City is committed to bridge building with
the multicultural community members who call the City of Sunny Isles Beach their home.
The City is seeking proposals from qualified firms (the “Proposer”) with successful experience in
design, development, construction, management and operation of high quality outdoor experiential
activations (“Activation(s)” or “Experiential Activation(s)” or “Project(s)”. This Activation would be
for our premier park, Gateway Park, located at 151 Sunny Isles Boulevard, which features the
following amenities;
• Covered parking garage with 358 parking spaces (plus 8 ADA spaces)
• Approximately 7,500 square feet of open plaza (pavers), with seating areas, and landscape
• Approximately 50,000 square feet of fenced-in park, including playground, walkways, seating,
open lawn, and performance stage
o Open lawn (with St. Augustine grass) is approximately 27,000 square feet
The Activation would be for no more than 4 months, from November 15th, 2021 through March
15th, 2022, and should consider both daytime and nighttime installations, that can be adapted for
both general use, and special events.
Proposer must provide the following:
• Listing of all components for the Activation will include (e.g. visual decoration, activities, food
and beverage, etc.) along with draft design layout.
• Fee Structure for all activities/components of the Activation,
o Including a discounted rate for City residents
o Including proposed revenue sharing structure with the City
• Timeline for Project execution, from design, through development, installation, and breakdown.
• Qualifications for Personnel coordinating Project
• Recruitment, training, and evaluation measures for personnel working in day-to-day operations
of the Activation
City of Sunny Isles Beach |Request for Proposal No. 21-06-01 10
• Business Plan for the entire Project, to include market research, financial (including all expenses
and revenues) projections, marketing and sales plan, and estimates for utilities (which will be
the responsibility of the City).
The bidder will be responsible for the entirety of the Project from concept development to
installation, maintenance, and finally breakdown, including, but not limited to, all necessary labor,
materials, delivery and storage as needed for the construction and installation of all components
of the Activation. The proposer will be in full accordance with the specifications, terms, and
conditions contained in this Request for Proposals (RFP). Any exemptions to this scope of work
shall be stipulated within the proposal.
2.2 PRE-PROPOSAL CONFERENCE
A pre-proposal conference will be held on Tuesday, June 22, 2021 at 2:00 PM at Sunny Isles Beach
Government Center 18070 Collins Avenue Sunny Isles Beach, FL 33160; 1st Floor Conference Room
to discuss the special conditions and specifications included within this solicitation. Vendors are
requested to bring this solicitation document to the conference, as additional copies may not be
available.
2.3 TERM
This contract will commence upon execution by both parties which shall be the effective date
succeeding approval of the contract by the City Commission, or City Manager, unless otherwise
stipulated in the Notice of Award letter. The contract shall be contingent upon the completion and
submittal of all required documents. The initial contract term shall be for an initial one (1) year,
provided that the services rendered by the Contractor during the contract period are satisfactory.
Substantial completion of the installation shall be November 15, 2021, and every November 15th
thereafter if the contract is renewed as provided for in Section 2.4.
2.4 OPTIONS TO RENEW
The City, at its sole option, may renew the contract for four (4) one-year renewal terms. Exercising
the option to renew is at the sole discretion of the City. The operating seasonal dates may change,
upon City’s authorized renewals.
2.5 PRICE
If the Proposer is awarded a contract under this solicitation, the prices proposed shall remain fixed
and firm during the initial term of contract. No additional costs may be accepted, other than the
costs stated on the attachment A, Compensation Proposal.
Prices proposed shall be valid for at least 120 days from time of RFP opening unless otherwise
extended and agreed upon by the City and proposer. Prices quoted shall be firm for the initial
contract term. Upon contract renewal, the City may consider an adjustment to price based on
changes in the following pricing index: Consumer Price Index for Urban Wage Earners and Clerical
Workers (CPI-W): Miami-Fort Lauderdale, FL. It is the Bidder’s responsibility to request any pricing
City of Sunny Isles Beach |Request for Proposal No. 21-06-01 11
adjustment (to cost for services) under this provision, which shall not exceed 3%, or adjustment
to revenue share, which adjustment has no limit. For any adjustment to commence on the first day
of any exercised option period, the Bidder’s request for adjustment shall be submitted no later than
ninety (90) days prior to expiration of the then current contract term. In no event will the price be
increased or decreased by a percentage greater than the percentage change reflected in the C.P.I.
as published by the U.S. Department of Labor. If no adjustment request is received from the Bidder,
the City will assume that the Bidder has agreed the optional term may be exercised without pricing
adjustment. Any adjustment request received after the commencement of a new option period
may not be considered.
2.6 TAXES/LICENSES
Retail taxes and rental taxes and licensing are the responsibility of the Contractor and shall be
handled in accordance with Florida State Statutes. The successful contractor shall be responsible
for, at its own expense, obtaining all necessary permits and paying all licenses, fees and taxes,
required to comply with all local laws and ordinances; county, state and federal laws, rules and
regulations which are applicable to the business to be carried on under this contract. Successful
proposer shall be responsible for all sales tax, licenses, fees, etc., and shall not deduct such from
the percentage revenue fee owed to the City.
2.7 DELIVERY
Unless otherwise indicated, all items shall be delivered F.O.B. with destination and delivery charges
included in the proposal price. F.O.B. destination is interpreted to mean unloading and placing in
the building or area as directed by the City.
2.8 INSURANCE
Comprehensive General Liability with minimum limits of five million dollars ($5,000,000.00) per
occurrence for Bodily Injury and Property Damage Liability. Coverage must be afforded on 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 must include:
o Premises and Operation
o Independent Contractors
o Products and/or Completed Operations Hazard
o Broad Form Property Damage
o Professional Liability
o Broad Form Contractual Coverage applicable to this specific contract, including any hold
harmless and/or indemnification agreement.
o 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.
Business Automobile Liability with minimum limits of one million dollars (1,000,000.00) per
occurrence combined single limit for Bodily Injury Liability and Property Damage Liability.
City of Sunny Isles Beach |Request for Proposal No. 21-06-01 12
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:
o Owned Vehicles;
o Hired and Non-Owned Vehicles;
o Employers’ Non-Ownership.
The City shall be named as an additional insured on the above-referenced policies.
2.8.1 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 Dollars ($1,000,000.00) per accident. Contractor 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. Before starting the work, the contractor 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 Manager or his
designee by certified mail. The City shall be named as an additional insured on the above-
referenced policies.
The Contractor agrees that if any part of the work under the contract is sublet, they will require the
sub-contractor(s) to carry insurance as required, and that they will require the sub-contractor(s)
to furnish to them insurance certificates similar to those required by the City in this section.
2.8.2 Cancellation and Re-Insurance:
If any insurance should be canceled 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
contractor and must be approved by the City. At the option of the City, either the
contractor shall eliminate or reduce such deductible or the contractor shall procure a bond,
in a form satisfactory to the City, covering the same.
NOTE: THE CITY OF SUNNY ISLES BEACH, CONTRACT NUMBER AND TITLE MUST APPEAR ON
EACH CERTIFICATE OF INSURANCE. THE CITY OF SUNNY ISLES BEACH MUST BE SHOWN AS AN
ADDITIONAL INSURED WITH RESPECT TO THIS COVERAGE WITH WAIVER OF SUBROGATION.
2.9 LIQUIDATED DAMAGES FOR INCOMPLETE PROJECTS
The Contractor is obligated and guarantees to complete the Project in the time set forth in the
City of Sunny Isles Beach |Request for Proposal No. 21-06-01 13
Contract or any approved extension of time the Contractor may be granted by the City Manager.
The Contractor will be notified in writing of any approved exceptions or extensions by the City
Manager. Failure to complete the Project in accordance with the specifications and to the
satisfaction of the City within the time stated for substantial and/or final completion shall cause the
Contractor to be subject to charges for liquidated damages for each and every calendar day the
work remains incomplete beyond these deadlines in amounts to be set forth in the awarded
agreement.
As compensation due to the City for loss of use and for additional costs incurred by the City due to
such non-completion of the work, the City shall have the right to deduct the said liquidated damages
from any amount due, or that may become due to the Contractor under this agreement, or to invoice
the Contractor for such damages if the costs incurred exceed the amount due to the Contractor.
2.10 INVOICE PAYMENTS
The Contractor agrees that under the provisions of this Agreement, as reimbursement for those
actual, reasonable and allowable costs incurred by the proposer, which are directly attributable or
properly allocable to the Services, the Contractor may invoice the City periodically, pursuant to
Attachment A – Compensation Schedule. A payment schedule must be submitted with your
proposal.
2.11 FEDERAL, STATE AND LOCAL REGULATIONS
The successful Proposer shall comply with all federal, state and local ordinances, regulations, and
rules as well as any other laws that would apply to the proposed Project. Such proposer costs
associated with regulatory requirements shall be included in the Project cost whether depicted
specifically or not within the body of the proposal.
2.12 BACKGROUND CHECKS
The successful Firm will be responsible for hiring the necessary personnel to conduct the specified
services and will comply with all federal, state, and local laws related to minimum wage, social
security, nondiscrimination, Americans with Disabilities Act (“ADA”), unemployment compensation,
and workers’ compensation. All staff assigned to this contract shall be required, at their
sole cost and expense, to pass a criminal background check issued by the City prior to
award of the contract. The criminal background check shall consist of a Florida Department of
Law Enforcement (“FDLE”) Florida Crime Information Center/National Crime Information Center
(“FCIC/NCIC”) criminal records check. Any employee not meeting this requirement will not be
permitted to work at any City facility.
2.13 SUB-CONTRACTORS
If the Contractor proposes to use subcontractors in the course of providing these services to the
City, this information shall be a part of the bid response. Such information shall be subject to
review, acceptance and approval of the City, prior to any contract award. The City reserves the
City of Sunny Isles Beach |Request for Proposal No. 21-06-01 14
right to approve or disapprove of any subcontractor candidate in its best interest and to require
Contractor to replace subcontractor with one that meets City approval.
Contractor shall ensure that all of Contractor’s subcontractors perform in accordance with the terms
and conditions of this Contract. Contractor shall be fully responsible for all of Contractor’s
subcontractors’ performance, and liable for any of Contractor’s subcontractors’ non-performance
and all of Contractor’s subcontractors’ acts and omissions. Contractor shall defend, at Contractor’s
expense, counsel being subject to the City’s approval or disapproval, and indemnify and hold
harmless the City and the City’s officers, employees, and agents from and against any claim,
lawsuit, third-party action, or judgment, including any award of attorney fees and any award of
costs, by or in favor of any Contractor’s subcontractors for payment for work performed for the
City.
2.14 PUBLIC RECORDS
IF THE SUCCESSFUL PROPOSER 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 VIA EMAIL AT
MBetancur@sibfl.net.
END OF SECTION
City of Sunny Isles Beach |Request for Proposal No. 21-06-01 15
SECTION 3
SCOPE OF WORK / TECHNICAL SPECIFICATIONS
3.1 SCOPE OF WORK
The proposer is to provide for the turnkey execution and operation of an Experiential Activation in
the designated location at Gateway Park (the “Event Site”); to be open to the general public. The
proposer shall provide, install, operate, maintain, disassemble, and remove all components of the
Activation for the entire period specified herein. The proposer shall submit complete shop drawings
for all equipment and materials to the City prior to fabrication and installation. The contractor will
provide all necessary labor, materials, delivery, and storage as needed for the construction and
installation of the Activation. The proposer shall submit plans for the design and build of the
Activation, which will be subject to the approval and permitting of the Sunny Isles Beach Building
Department. The contractor shall establish event admissions fee with possibility of revenue sharing
with the City. The Experiential Activation is to be operated from approximately November 15th
through March 15th each seasonal period, upon City’s authorized renewal.
3.2 MINIMINUM QUALIFICATIONS/ REQUIREMENTS:
Responses will only be considered from firms which have been directly engaged in the business of
performing services as described in this Solicitation for a minimum period of five (5) years prior to
the date of this Solicitation. The contractor must be able to produce support that they have an
established satisfactory record of performance for a reasonable period of time and have sufficient
financial support, equipment and staff to ensure that they can satisfactorily execute the services if
awarded a contract. The City reserves the right, before awarding the contract, to require the
contractor to submit such evidence of its qualifications as it may deem necessary, and may consider
any evidence available to it (including, but not limited to, the financial, technical and other
qualifications and abilities of the operator, including past performance and experience with the
City). Successful respondent must provide a copy of their occupational/business license and State
registration at time of award.
3.3 LOCATION
Experiential Activation to be located at Gateway Park, 151 Sunny Isles Blvd, Sunny Isles Beach, FL
33160, please refer to Attachment B.
3.4 EQUIPMENT REQUIREMENTS
It will be the responsibility of the Contractor to make the necessary site visits to
determine available space for installation, available utility connections and proposed
arrangement for capacity. The successful Contractor shall provide new or a City-approved equal
equipment. Contractor should include, as part of their proposal, pictures of machines, graphics and
designs. The omission of any essential details from these Specifications does not relieve the
Contractor from furnishing up to date equipment. The equipment shall conform to all applicable
OSHA, State of Florida and Federal safety requirements. All components are to be in accordance
with current standards and recommended practices. The engineering, materials and workmanship
City of Sunny Isles Beach |Request for Proposal No. 21-06-01 16
shall exhibit a high level of quality and appearance consistent with, or exceeding, industry
standards.
3.5 DELIVERY AND INSTALLATION
Initially, equipment shall be delivered, installed and operational at awarded location within the
period noted on the notice to proceed. All delivery and installation costs shall be the responsibility
of the Contractor. The contractor is responsible for any damage to the park incurred during the
contractor’s installation or operational activities. This includes but is not limited to plant damage,
damage to the irrigation system, damage to flatwork, buildings, public art, electrical systems, sound
systems, lighting systems, or park amenities such as trashcans or benches. At the direction of the
City, the contractor will repair or reimburse the City to repair any damage.
3.6 MAINTENANCE
The contractor will be expected to operate and maintain the premises in good and safe conditions
and in accordance with industry standards. This maintenance includes, but is not limited to, the
maintenance and repair of all components of the Activation. Other safety or maintenance concerns,
including all interior and exterior structures, building systems, utility systems and connections,
sewer systems and connections, equipment, lighting, sidewalks, paved areas, temporary
structures, gutters, curbs, and fixtures, should be immediately communicated to the City’s
representative. The property will be kept free of litter at all times and trash cans will be emptied
as frequently as necessary to prevent any overflowing debris. Proposer shall submit a maintenance
plan with their proposal.
3.7 LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS
Proposer agrees to comply, subject to applicable professional standards, with the provisions of any
and all applicable Federal, State, County and City orders, statutes, ordinances, rules and regulations
which may pertain to the Services required under the Agreement, including but not limited to:
1. Occupational Safety and Health Act (OSHA)
2. 7th Edition (2020) of the Florida Building Code (and all referenced standards contained within)
3. National Electric Code
4. UL Listed
5. Equal Employment Opportunity (EEO)
6. Americans with Disabilities Act (ADA)
7. "Conflicts of Interest" Section 2-11 of the County Code.
8. Food and Drug Act (if applicable)
9. The Federal Department of Agriculture-Products Regulations (if applicable)
10. CFR 60-1.4 Equal opportunity clause. The contractor will not discriminate against any employee
or applicant for employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The contractor will take affirmative action to ensure that applicants
are employed, and that employees are treated during employment, without regard to their race,
color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall
include, but not be limited to the following: Employment, upgrading, demotion, or transfer,
City of Sunny Isles Beach |Request for Proposal No. 21-06-01 17
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
3.8 THE CITY’S ROLE AND RESPONSIBILITY
The City assures the adequacy of utilities currently in place at the premises. The City shall pay
for all electricity and water connected with the operation of this Activation during the term.
1. 3-phase, 480-volt, 600-amp continuous power supply available. City’s electrician to connect
City’s side of service, on a timely basis as per an established timeline to be issued prior to the
installation phase.
2. Continuous water supply available; hoses as necessary.
3. General grounds keeping of the Project Site.
4. Reserved curbside parking in close proximity to the site for Contractor’s installation and removal
phase.
3.9 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 or his agents if lost,
damaged, or destroyed by fire, theft, rain, water, storm, power/utility outages, riot, civil
disobedience, vandalism, or any other cause(s).
3.10 24-HOUR EMERGENCY SERVICE STAND-BY
Professional technicians available 24-hours per day, 7 days a week on a 2-hour response basis, for
all attraction components.
3.11 STAFFING
Contractor will be solely and wholly responsible for all staffing required to operate and maintain
the Activation. The Contractor will agree to be an equal opportunity employer and to not
discriminate on the basis of race, color, creed, sex, age, or any other protected classification.
3.12 CLEAN UP AFTER PROJECT IS COMPLETED
All unusable materials and debris shall be removed from the City premises. The successful
Contractor shall thoroughly clean up all areas at all times and after the season ends as mutually
agreed with the City’s project manager.
3.13 SPECIAL EVENTS
Subject to prior written approval from the City, the contractor may conduct special events or
programs at the premises. The contractor shall submit to the City for approval all plans for any
events or programs at the premises, and in no event shall the premises be closed to conduct private
activities during public hours of use except when such activities are specifically approved or
City of Sunny Isles Beach |Request for Proposal No. 21-06-01 18
sponsored by the City and such a closure has been announced to the public at least two weeks in
advance of such activities or events. All revenue generated through such special events must be
reported to the City as Gross Receipts. Approved special events may be subject to a Special Event
Permit and other permitting and licensing as may be required by the City, County, or State.
3.14 FEE STRUCTURE FOR PUBLIC
Proposers should submit a detailed list of all proposed fees and prices, including by not limited to,
prices for general admission and participation in any activities available in Activation. All fees and
prices require the prior written approval of the City. The Contractor should establish a fee structure
where residents (with valid SIB Resident ID Card) receive a discounted price for admission. The
contractor may be allowed to offer reduced rates for senior citizens, youths, and students. In
addition, the vendor shall also include a cost breakdown of the estimated profit returned to the
City and a revenue payment schedule.
3.15 REPORTINGS
Each vendor must submit with proposal a sample report of commission remittance of current
customers. Throughout the contract term, the contractor will be required to maintain a revenue
control system to ensure the accurate and complete recording of all revenues, in a form and
manner acceptable to the City. This revenue control system must maintain detailed sales
information from each sales transaction. Specifically, sales information must be recorded
electronically, via a point-of-sales system, and must include, but is not limited to, details on each
sales transaction, the item(s) sold, time, date of sale and price of the item sold. The contractor
must also establish a unique general ledger account for all deposits related to this contractor’s
revenue. All accounting and internal control related records shall be maintained for a minimum of
ten (10) years from the date of creation of the record. The contractor shall keep adequate records
of accounts and permit the City to inspect such records at any reasonable time during normal
business hours; records shall include a daily cash report at the end of each day’s business, listing
the categories of sales that correspond to separate keys on the cash register. The contractor shall
provide monthly statements showing the daily gross receipts from all sales, which statement shall
be submitted to the City not later than the 15th of the month following the month for which the
statement is made. The contractor shall maintain a daily on-site presence, and shall meet regularly,
if not weekly, with the City’s representative.
3.16 COMPENSATION PLAN
Refer to Attachment A
END OF SECTION
City of Sunny Isles Beach |Request for Proposal No. 21-06-01 19
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, submitted in the format
outlined in this solicitation, of timely submission, and has the appropriate signatures as
required on each document. Failure to comply with these requirements may result in the
proposal being deemed non-responsive.
4.2 QUALIFICATIONS
Proposals shall be evaluated by the following criteria:
Technical Qualifications
1. Proposer’s relevant experience, qualifications and past performance, including at
least three (3) examples of similar outdoor experiential activations. Each example
should include a case study, timeline, budget breakdown, and photos.
2. Site plan showing all components of the Experiential Activation in the park,
including considerations for safety and accessibility.
3. Proposers approach methodology to providing the services requested in this
solicitation, including marketing and promotional plan, and fee structure for guests
of activation.
4. Methodology for providing, training and supervising personnel for Experiential
Activation (to include a quality assurance plan) to ensure a unique and excellent
customer experience for all in attendance.
Artistic Creativity
5. Creativity of proposal and design elements, providing a unique and high quality
experience for residents and visitors of Sunny Isles Beach.
Price
6. Cost breakdown of goods & services to be provided (including financial obligations
of the City).
7. Financial Projections (expenses and revenues), including revenue share to the City.
4.2.1 ADDITIONAL INFORMATION
In order to be considered, Proposers shall provide sufficient information including drawings
or illustrations to demonstrate the proposers artistic creativity and style portraying a
distinctive image for the City of Sunny Isles Beach (submission shall not be limited to the
information below). All requested documentation and/or information shall be provided in
City of Sunny Isles Beach |Request for Proposal No. 21-06-01 20
the Proposal. Proposers failing to provide sufficient documentation detailing their
qualifications, experience and extent and implications of proposal shall not be considered.
4.3 PRICE EVALUATION
The price proposal should include a payment schedule based on the phases of the
Project and any custom designed hardware and equipment essential to your proposal. The
price proposal will be evaluated subjectively in combination with the technical proposal,
including an evaluation of how well it matches Proposer’s understanding of the City’s needs
described in this Solicitation, the Proposer’s assumptions, and the value of the proposed
services. The City reserves the right to negotiate the final terms, conditions and pricing of
the contract as may be in the best interest of the City.
4.4 NEGOTIATIONS
The City may award a contract on the basis of initial offers received without discussions.
Therefore, each initial offer should contain the Proposer’s best terms from a monetary and
technical standpoint.
Notwithstanding the foregoing, if the City and said Proposer(s) cannot reach agreement
on a contract, the City reserves the right to terminate negotiations and may, at the City
Manager’s or his designee’s discretion, begin negotiations with the next lowest responsible
and responsive proposer. This process may continue until a contract acceptable to the City
has been executed or all proposals are rejected. No Proposer shall have any rights against
the City arising from such negotiations or termination thereof.
Any Proposer recommended for negotiations may be required to provide to the City:
a) Its most recent certified business financial statements as of a date not earlier than the
end of the Proposer’s preceding official tax accounting period, together with a
statement in writing, signed by a duly authorized representative, stating that the
present financial condition is materially the same as that shown on the balance sheet
and income statement submitted, or with an explanation for material change in the
financial condition. A copy of the most recent business income tax return will be
accepted if certified financial statements are unavailable.
b) Information concerning any prior or pending litigation, either civil or criminal, involving
a governmental agency or which may affect the performance of services to be
rendered herein, in which the Proposer, any of its employees or subcontractors is or
has been involved within the last three years.
END OF SECTION
City of Sunny Isles Beach |Request for Proposal No. 21-06-01 21
SECTION 5
PROPOSAL FORMAT
5.0 FORMAT
Proposers must submit (1) original, four (4) copies and 1 USB/CD the Proposal. The
original Proposal must contain an original signature. Be sure that the individual signing the Proposal
is authorized to commit the Proposer's organization to the Proposal as submitted. Each page of the
Proposal should state the name of the Proposer, the RFP number, and the page number. The City
reserves the right to request additional data or material to support Proposals. All material submitted
in response to the RFP will become the property of the City.
LABEL EACH SECTION AS NUMBERED
The proposal must be in the following format. Failure to submit all documentation in response to
items #1 through #7 of this section 5 may result in the proposal being deemed non-responsive
and may result in the proposer’s bid not being considered, at the City’s Sole Discretion.
1. Company Information
In response to this Proposal, all Proposers must provide the following:
W9 with 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).
Date Founded
Home office address, 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
2. Qualifications
Proposer’s relevant experience, qualifications and past performance
An explanation of why the Proposer is the best qualified to perform the contract
and demonstrate its qualifications including an item-by-item disclosure outlining
how the proposer meets or exceeds the requirements of this RFP.
A schedule of proposed services. The schedule should include the Proposer's
understanding of the issues and tasks of the Project at hand.
Operator shall be active with State of Florida Department of Professional
Regulation License
Proposer shall have responsible design and construction personnel with a
minimum of 5 years’ experience on comparable projects.
Proposer must provide a listing of comparable projects and must supply certified
evidence of at least 3 installations similar to these Specifications. The list shall
include the names of the projects, locations, owner and/or engineer. This
information shall be provided on the Contractor’s Project References page
attached to the Bid Form, and shall be submitted at the time of the bid.
City of Sunny Isles Beach |Request for Proposal No. 21-06-01 22
Indication of how long it would take to implement service after authorized to
begin.
3. STAFFING
Relevant experience and qualifications of key personnel, including key personnel of
subcontractors, that will be assigned to this Project as well as experience and qualifications.
The size and experience of the company staff pool from which staff assigned to the 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.
4. APPROACH / METHODOLOGY
Proposer’s approach methodology to providing the services requested in this solicitation
o Suitability of the methodologies and approaches used in achieving tasks
o Marketing and Promotional Plan
o Organizational ability to complete Project, and ability to meet desired timelines
and deadlines
o Methodology for providing, training, and supervising personnel for the
Experiential Activation (including a quality assurance plan).
o Site Plan showing all components of Experiential Activation in the park, including
considerations for safety and accessibility.
• Shop drawings for all equipment and materials to be fabricated and
installed at site, as part of the Activation.
• Literature and Drawings, including dimensions, weights, required
electrical wiring and control diagrams for all components of Activation.
• Recommendations, procedures and requirements for the coordination
with the work of other trades on the Projects, completed wiring, piping
and control diagrams covering field installation.
5. COST PROPOSAL – Include on Attachment A
• Total cost for completion of the entire Project (including design, installation,
management, breakdown, labor and equipment).
o Payment Terms – payment schedule per Project phases
• Estimated utility costs (water, electric) for both initial and ongoing, for the Project
(although these costs will be covered by the City, it is necessary to include this estimate
for evaluation).
• Fee structure for all activities for anyone attending/participating in the Activation (include
any proposed discounts, and explanation for each).
• Revenue projections (including all applicable areas such as admission fees, vendor fees,
sponsorship revenues, etc) and anticipated revenue share to City.
City of Sunny Isles Beach |Request for Proposal No. 21-06-01 23
Note: The City reserves the right to negotiate a lower or different fee structure with any
firm that is selected.
6. REFERENCES -
Each Proposer must submit a list of three (3) public or private sector clients’ references
of current and past customers of which they have provided services within the past
five (5) years of similar scope and size of those described herein.
Each Reference must be supplied on client’s letterhead.
Each Reference letter must be signed with contact person name, email address,
office location and phone number.
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.
6.1 Provide a detailed description of comparable contracts (similar in scope of services
to those requested herein) which the Proposer has either ongoing or completed within
the past three years. The description should identify for each project:
(i) client,
(ii) description of work,
(iii) total dollar value of the contract and budget breakdown
(iv) dates covering the term of the contract, including timeline of project phases
(v) client contact person and phone number,
(vi) statement of whether Proposer was the prime contractor or subcontractor, and
(vii) the results of the project, including case study and photos.
Where possible, list and describe those projects performed for government clients or
similar size private entities (excluding any work performed for the City)
7. CONTRACT FORMS
All completed contract forms.
END OF SECTION
City of Sunny Isles Beach |Request for Proposal No. 21-06-01 24
DELIVER TO:
City of Sunny Isles Beach
City Clerk
18070 Collins Avenue
Sunny Isles Beach, FL 33160
SECTION 6
BID SUBMITTAL FORMS
OPENING: 2:30 P.M.
Wednesday, Jul 7, 2021
PLEASE QUOTE PRICES F.O.B. DESTINATION, LESS TAXES, DELIVERED IN
CITY OF SUNNY ISLES BEACH, FLORIDA
NOTE: City of Sunny Isles Beach is exempt from all taxes (Federal, State, and Local). Bid price should be
less all taxes. Tax Exemption Certificate furnished upon request.
Issued by: Purchasing Administrator Date Issued:
June 16, 2021
This Bid Submittal Consists of
Pages 26 through 27
Sealed bids are subject to the Terms and Conditions of this Request for Proposal and the accompanying
Bid Submittal. Such other contract provisions, specifications, drawings or other data as are attached or
incorporated by reference in the Bid Submittal, will be received at the office of the City Clerk at the address
shown above until the above stated time and date, and at that time, publicly opened for furnishing the
supplies or services described in the accompanying Bid Submittal Requirement.
RFP 21-06-01
Seasonal Experiential Activation
A Bid Deposit in the amount of 0% of the total amount of the bid shall accompany all bids
A Performance Bond in the amount of 0% of the total amount of the bid will be required upon execution
of the contract by the successful bidder and City of Sunny Isles Beach
Procurement Administrator: Firm Name:
Najaly Bode
________________________________________
Commodity Code(s):
RETURN ONE ORIGINAL AND FOUR COPIES OF BID SUBMITTAL PAGES AND AFFIDAVITS
FAILURE TO SIGN PAGE 25 AND 27 OF SECTION 6 BID SUBMITTAL WILL RENDER YOUR BID
NON-RESPONSIVE
City of Sunny Isles Beach |Request for Proposal No. 21-06-01 25
SECTION 6
BID SUBMITTAL FOR:
ACKNOWLEDGEMENT OF ADDENDA
INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES
PART I:
LIST BELOW ARE THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED IN CONNECTION
WITH THIS BID
Addendum #1, Dated
Addendum #2, Dated
Addendum #3, Dated
Addendum #4, Dated
Addendum #5, Dated
Addendum #6, Dated
Addendum #7, Dated
Addendum #8, Dated
PART II:
NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID
FIRM NAME:
AUTHORIZED SIGNATURE: DATE:
TITLE OF OFFICER:
City of Sunny Isles Beach |Request for Proposal No. 21-06-01 26
BID SUBMITTAL FORM
Bid Title: Seasonal Experiential Activation
The undersigned Proposer proposes and agrees, if this Bid is accepted, to enter into an agreement with
The City of Sunny Isles Beach to perform and furnish all Work as specified or indicated in the Contract
Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with
the other terms and conditions of the Contract Documents.
The Proposer accepts all of the terms and conditions of this Request for Proposal, including without
limitation those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for
90 days after the day of Bid opening. The Proposer agrees to sign and submit the Agreement with the
Bonds and other documents required by the Bidding Requirements within ten days after the date of the
City’s Notice of Award.
In submitting this Bid, the Proposer represents, as more fully set forth in the Agreement, that:
The Proposer has familiarized himself/herself with the nature and extent of the
Contract Documents, Work, site, locality, and all local conditions and Law and
Regulations that in any manner may affect cost, progress, performance, or
furnishing of the Work.
The Proposer has given the City written notice of all conflicts, errors, discrepancies
that it has discovered in the Contract Documents and the written resolution thereof
by City is acceptable to the Proposer.
This Bid is genuine and not made in the interest of or on behalf of any undisclosed
person, firm or corporation and is submitted in conformity with any agreement or
rules of any group, association, organization, or corporation; the Proposer has not
directly or indirectly induced or solicited any other Proposer to submit a false or
sham Bid; the Proposer has not solicited or induced any person, firm or corporation
to refrain from Bidding; and Proposer has not sought by collusion to obtain for
itself any advantage over any other Proposer or over the City.
City of Sunny Isles Beach |Request for Proposal No. 21-06-01 27
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
Signature:
__________________________________________________________________
(Signature of authorized agent)
Print Name: _________________________
Title:_________________________________________
THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO
BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE
INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL
NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY
PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE
PROPOSER TO THE TERMS OF ITS OFFER.
City of Sunny Isles Beach |Request for Proposal No. 21-06-01 28
ATTACHMENT A – COMPENSATION
Submit an all-inclusive cost statement for providing the services indicated in Section 3.0 Scope of Services,
noting payment terms, such as initial deposit and payment schedule per Project phase, if applicable. Itemize
fees, expenses and any optional costs separately.
Proposer may provide additional supporting documents as needed but include the total all-inclusive cost
statement in Table 1 below.
Table 1
Compensation
Schedule (amount
should include all
costs associated
with activation):
Description A. Not to Exceed
Total (Cost for
Services):
B. Revenue
Share to City
(Percentage %
of all sales):
Option 1:
City pays
Contractor for
services
City shall pay contractor and
contractor proposes revenue
share amount to City.
$
%
Option 2:
Contractor pays
for services
Contractor proposes to pay for
scope of work, as specified
herein; with proposed revenue
share to City.
$
%
Proposer should provide a business plan in supporting documents (including market analysis, marketing
and sales, and detailed financial projections, including expenses and revenues), but include an outline of
revenue projections in Table 2 below.
Table 2 – Revenue Projections
Item Description Estimated Amount Annually
Revenue from Admission Fees $
Revenue from Vendor Fees (if applicable) $
Revenue from Sponsorships (if applicable) $
Other: (please use lines below to list any additional revenue sources projected through your business plan, with
description and estimate for year)
Other: $
Other: $
Other: $
Other: $
Other: $
City of Sunny Isles Beach |Request for Proposal No. 21-06-01 29
ATTACHMENT B - LOCATION
Address: 151 Sunny Isles Blvd, Sunny Isles
Beach, FL 33160
City of Sunny Isles Beach |Request for Proposal No. 21-06-01 30
City of Sunny Isles Beach |Request for Proposal No. 21-06-01 31
AFFIDAVITS