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HomeMy WebLinkAboutRFP 22-03-01 GATEWAY PARK RENTAL MANAGEMENT City of Sunny Isles Beach |Request for Proposal No. 22-03-01 1 Request for Proposals Goods & Services GATEWAY PARK RENTAL MANAGEMENT REQUEST FOR PROPOSALS NO. 22-03-01 RELEASE DATE: MARCH 2, 2022 MANDATORY PRE-PROPOSAL CONFERENCE THURSDAY, MARCH 10, 2022 AT 2:30 PM GATEWAY PARK – BALLROOM 151 SUNNY ISLES BLVD, SUNNY ISLES BEACH, FL 33160 ALL QUESTIONS DUE: FRIDAY, MARCH 11, 2022 AT 5:00 PM SUBMISSION DUE DATE: THURSDAY, MARCH 24, 2022 NO LATER THAN 2:30 PM DELIVER 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 Proposal No. 22-03-01 2 TABLE OF CONTENTS PAGE NO. TABLE OF CONTENTS 2 LEGAL ADVERTISEMENT/NOTICE TO BIDDER 3 INSTRUCTIONS TO BIDDER / GENERAL TERMS 4 SPECIAL TERMS & CONDITIONS 9 SCOPE OF WORK / TECHNICAL SPECIFICATIONS 16 EVALUATION PROCESS 23 PROPOSAL FORMAT 27 BID SUBMITTAL FORM 30 AFFIDAVITS NON-COLLUSIVE AFFIDAVIT PUBLIC ENTITY CRIMES EQUAL OPPORTUNITY / AFFIRMATIVE ACTION STATEMENT CONFLICT OF INTEREST STATEMENT DISPUTE DISCLOSURE FORM ANTI-KICKBACK AFFIDAVIT ANTI-BOYCOTT CERTIFICATION E-VERIFY AFFIDAVIT EXHIBIT EXHIBIT A – GATEWAY CENTER FLOOR PLAN City of Sunny Isles Beach |Request for Proposal No. 22-03-01 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. GATEWAY PARK RENTAL MANAGEMENT Request for Proposal No. 22-03-01 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. Sealed proposals will be received by the City Clerk no later than 2:30 PM, on Thursday, March 24, 2022 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 proposal must be clearly marked: “FORMAL PROPOSAL ENCLOSED” RFP # 22-03-01 GATEWAY PARK RENTAL MANAGEMENT OPENING DATE AND TIME: THURSDAY, MARCH 24, 2022 AT 2:30 PM An In-person Mandatory Pre-Proposal Conference for interested firms is scheduled for THURSDAY, MARCH 10, 2022 AT 2:30 PM AT GATEWAY PARK – BALLROOM 151 SUNNY ISLES BLVD, SUNNY ISLES BEACH, FL 33160. 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 this Request shall be directed in writing to Mauricio Betancur, CMC, City Clerk and Purchasing by FRIDAY, MARCH 11, 2022 AT 5:00 PM. Questions may be submitted via email to: MBetancur@sibfl.net and Purchasing@sibfl.net 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 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 Proposal No. 22-03-01 4 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 the Bid Specifications or any required need for clarification must be made to Mauricio Betancur, CMC, City Clerk via email to: MBetancur@sibfl.net or via facsimile (305) 792-1563 or via regular mail at: Mauricio Betancur, CMC, City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL 33160. Such requests for clarification/explanation or questions must be made in writing to Mauricio Betancur, CMC, City Clerk, at least five (5) business days prior to the date of the Bid opening. Interpretations or clarifications considered necessary by the City will be issued by addenda and posted/disseminated by DemandStar (www.demandstar.com) to all parties listed on the official plan holders’ list as having received the Bid documents. Only questions answered by written addenda shall be binding. Oral interpretations or clarifications shall be without legal effect. No plea of ignorance or delay or required need of additional information shall exempt a Proposers from submitting their Bid on the required date and time as publicly noted. 1.2 PLAN HOLDER’S LIST: As a convenience to 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, 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: Intentionally Omitted 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. City of Sunny Isles Beach |Request for Proposal No. 22-00-00 5 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: 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: City of Sunny Isles Beach |Request for Proposal No. 22-00-00 6 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. 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 Proposal shall be awarded to the highest ranked responsive and responsible Proposer whose Proposals best serves the interests of and represents the best value to the City. The City shall award contract after the City performs all necessary searches, City of Sunny Isles Beach |Request for Proposal No. 22-00-00 7 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, 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. City of Sunny Isles Beach |Request for Proposal No. 22-00-00 8 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. 1.45 PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES: Pursuant to Florida Statutes Section 217.4725, contracting with any entity that is listed on the Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of Israel is prohibited. Contractors must certify that the company is not participating in a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be terminated at the City’s option if it is discovered that the entity submitted false documents of certification, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria after July 1, 2018. Any contract entered into or renewed after July 1, 2018 shall be terminated at the City’s option if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott of Israel. Contractors must submit the certification that is attached to this agreement. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City’s determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination was in error. If the Contractor does not demonstrate that the City’s determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute Section 215.4725. End of Section City of Sunny Isles Beach |Request for Proposal No. 22-03-01 9 SECTION 2 SPECIAL TERMS AND CONDITIONS 2.1 BACKGROUND The City of Sunny Isles Beach 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 22,348 people, the City ranks 15th in population amongst the 34 municipalities in the County. The City is located on a barrier island bound by the Atlantic Ocean on the east and the Atlantic Intracoastal Waterway on the west. The City has been developed primarily for residential purposes. Recognizing a need in the community for a dedicated facility to host adult and senior programs, the City Commission directed the development of Gateway Center. Built with a world class vision, innovative technology, and accessible amenities, the Center is the City’s new state-of-the-art recreation and rental facility. The aesthetic of Gateway Center is emblematic of Sunny Isles Beach’s oceanfront location with blue, green and coral colors dispersed throughout. Gateway Center incorporates cutting edge technology into every aspect while optimizing modern décor to cultivate a welcoming and safe atmosphere. A high-end audio/visual system connects sound and music throughout the facility in the hallways, rooms, and the exterior, and Hearing Loop technology is built into the floor of the ballroom and fitness room to provide listening assistance to those in need. Amenities include: • Fitness room (1,300 sq ft) with wood floors, mirrored walls, telescoping door, drop down screen with projector, Bluetooth and WIFI. • Large Classroom (846 sq ft) with ceramic tile floors, TV Screen with Bluetooth and wireless presentation available. • Catering Kitchen (1,016 sq ft) • Small Classroom (661 sq ft) • Ballroom (3,746 sq ft) with carpet floors, floor-to-ceiling glass walls • Exterior Patio (2100 sq ft) with tile floors, • Restrooms for women and men with multiple stalls and single ADA restroom. • Parking (358 total, including 8 ADA spaces) • Elevators • ADA accessible 2.2 PURPOSE The City of Sunny Isles Beach, Florida, (the "City") a municipality located in Miami-Dade County, Florida, is requesting proposals for Event Management Services ("Services"), from qualified and experienced professional Firms (“Firms” / “Proposers” / “Bidder” / “Vendor” / “Contractor) to provide turn-key event management operations of an existing City facility located at Gateway Center, in accordance with the specifications, conditions, and other provisions of this RFP. City of Sunny Isles Beach |Request for Proposal No. 22-03-01 10 2.3 MANDATORY PRE-PROPOSAL CONFERENCE A mandatory pre-proposal conference is scheduled for THURSDAY, MARCH 10, 2022 AT 2:30 PM AT GATEWAY PARK CENTER (Eastern Time US and Canada). It is mandatory that Firms attend the pre-proposal conference. No claim of ignorance by the firm 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. 2.4 TERM The resulting agreement 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 agreement shall remain in effect for an initial two (2) year term provided that the services rendered by the vendor during the contract period are satisfactory. 2.5 OPTIONS TO RENEW The City, at its sole option, may renew the contract for an additional two (2) year term and a subsequent renewal for an additional (1) year term. Exercising the option to renew is at the sole discretion of the City. The awarded contractor shall not be entitled to the renewal and agrees it shall not be entitled to any monies or damages should the Director, designee or City decide not to renew the contract. 2.6 REVENUE PAYMENTS Gateway Center is expected to generate revenues from weddings, corporate events, and other occasions, as well as other local events the proposer is able to market and attract. Proposer should recommend a compensation structure to the City for this scope of work, maximizing the proposer’s ability to provide highest and best use for Gateway Center, such as a flat percentage of revenue collected. Proposer should specify over the life of the agreement (specify an amount for Years 1 through 5), how the proposer envisions that the revenues will be allocated to event expenses, to the proposer (management fee and profit structure), maintenance, repair, management/administration, capital repair escrow account, etc. Provide an annual business plan. 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 rendering in the building or area as directed by the City. City of Sunny Isles Beach |Request for Proposal No. 22-03-01 11 2.8 INSURANCE Comprehensive General Liability with minimum limits of one million ($1,000,000) per occurrence/ two million ($2,000,000) aggregate with the City of Sunny Isles named as an Additional Insured, along with a Waiver of Subrogation for the benefit of the City of Sunny Isles Beach. Coverage to be provided on a Primary and Non-contributory format. 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 Liquor Liability Insurance 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. o Excess Umbrella Liability with a minimum limit of $5,000,000, over and above the Comprehensive General Liability, Business Automobile Liability and Employers’ Liability limits and coverage forms indicated. o Management Professional Liability with a $5,000,000 minimum limit of liability. Owned and Non-owned Business Automobile Liability with a minimum limit of one million ($1,000,000). The City of Sunny Isles Beach to be named as an Additional Insured with the benefit of a Waiver of Subrogation. 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 City of Sunny Isles Beach |Request for Proposal No. 22-03-01 12 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. All required insurance coverage forms to be provided by insurance carriers with a minimum AM Best rating of A Excellent and authorized to do business in the State of Florida. 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 INVOICE PAYMENTS The awarded firm shall propose a revenue sharing agreement to be negotiated prior to contract execution. 2.10 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. 2.11 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, City of Sunny Isles Beach |Request for Proposal No. 22-03-01 13 and workers’ compensation. All staff assigned to this contract shall be required, at their sole cost and expense, to pass a criminal background check performed 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. A violation of this requirement shall constitute a substantial material breach of this Agreement. Contractor expressly understands and agrees that a duty is hereby created under this Contract that requires contractor to provide ongoing disclosure throughout the term of this Contract as provided for herein relative to the criminal background screening required by this Section. 2.12 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 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. 2.13 DAMAGES Any damages to existing electrical services due to overload will be the responsibility of the successful proposer. 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. 2.14 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 City of Sunny Isles Beach |Request for Proposal No. 22-03-01 14 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.everify.gov/employers/enrolling-in-e-verify) and follow the instructions. The contractor must, as usual, retain the I-9 Forms for inspection. 2.15 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. 2.16 POLYSTYRENE (STYROFOAM) ADMINISTRATIVE POLICY City Ordinance 2021-564 (“Polystyrene Ordinance”) prohibits individuals and temporary vendors who are located on or operating on City Property or a City Facility, as defined therein, from carrying or using expanded polystyrene food service articles. In accordance with City’s Polystyrene Ordinance, City contractors or vendors shall not carry or use any products that violate the City’s prohibition against carrying or use of expanded polystyrene food service articles while utilizing the City’s Facility. It shall be the sole responsibility of the awarded contractor to ensure compliance with the City’s Polystyrene Ordinance. Moreover, the City of Sunny Isles Beach Sustainable Procurement Policy was approved by the City Commission during the June 17, 2021 Commission Meeting via R2021-3208. The Policy is to preserve and enhance the health and quality of the environment in Sunny Isles Beach by restricting the use of City funds by City employees, contractors and/or vendors to purchase expanded polystyrene (plates, bowls, cups, containers, lids, trays, coolers, ice chests, single-use plastic beverage straws and all similar articles) for use or sale on City property or City facilities. Under the policy, City funds may not be expended to purchase Styrofoam food services articles for use or sale in City facilities or on City property. This includes funds used by City employees or used to pay City Contractors or vendors. Styrofoam food service articles will no longer be permitted to be sold or used in City facilities or on City properties by contractors or vendors that are paid with City funds. A violation of this section shall be deemed a default under the terms of the City contract, lease or City of Sunny Isles Beach |Request for Proposal No. 22-03-01 15 concession agreement and is grounds for revocation of a special event permit. Click here to access more information on the City’s Ecommitted campaign. 2.17 PLASTIC BEVERAGE STAWS PROHIBITED Beginning January 2, 2020 no Beverage Provider or Food Provider within the municipal boundaries of the City shall sell, distribute, or provide Plastic Beverage Straws to customers who have purchased a ready to drink beverage for consumption on or off the premises. This prohibition shall not apply to: (1) Pre-packaged drinks sold at commercial establishments where Plastic Beverage Straws have been attached to or sealed with a Beverage container by the manufacturer. (2) Use by medical or dental facilities. (3) Use by the School District or county, state or federal governmental entities. (4) Use during a locally declared emergency. (5) Use by individuals with a disability or other impairment requiring use of a Plastic Beverage Straw. City of Sunny Isles Beach |Request for Proposal No. 22-03-01 16 SECTION 3 SCOPE OF WORK / TECHNICAL SPECIFICATIONS 3.1 SCOPE OF WORK The event management Firm shall be responsible for the following: • Researching comparable venues and rental rates, and recommending a structure of rental fees associated with renting each area of the facility, including varying rates for, at minimum, resident, non-resident, non-profit, for profit. • Developing a rental application form, including all pertinent information from applicant related to event, to be reviewed and approved by City. • Developing a list of pre-qualified vendors that contractor can utilize in the execution and management of an event at the facility. This list must be reviewed and approved by the City. Any vendors providing services on City property are required to provide proof of insurance, naming the City as additional insured. (See Section 2.8 – Insurance for details) • Developing and implementing an effective marketing program that produces positive results in the use of Gateway Center. • Complete management of the event which shall include, but not be limited to, the following: I. Fielding all inquiries, site visits, and meetings from prospective clients with regard to renting the facility and acting as the manager of rentals on behalf of the City. II. Entering into agreements with clients and negotiating the details of services. The City shall approve all agreements prior to execution. Contractor shall be solely responsible for the client and to ensure satisfaction and fulfillment of agreed upon services. III. Ensuring all components of any rental application or use of facility under their agreement, complies with all federal, state, county, and municipal laws, ordinances, policies, and rules. IV. Collaboration with City staff to ensure the readiness of facility as per rental agreement for event day with required materials and access in place. V. Providing a minimum of one (1) properly trained permanent staff member on site at all times during all event rentals. VI. Ensuring that they operate without regard to race, color, religious creed, national origin, ancestry, age, gender, marital status, or disability. VII. Ensuring that events comply with City noise ordinance (all rentals must end no later than 1:00 am. Outdoor sound/music must conclude by 11:00 pm.) VIII. Ensuring that all regulatory and training requirements for the serving of alcoholic beverages are met, and that appropriate liability insurance is City of Sunny Isles Beach |Request for Proposal No. 22-03-01 17 maintained. IX. Performing a post-event walk-through with the City to assess facility condition wherein the decision to refund a security deposit lies solely with the City. X. Managing a shared calendar of events with the City and obtaining approval from the City prior to confirming a rental with a client. Communicating weekly with City to update on any confirmed venue rentals. XI. Meeting with the City designee monthly to ensure all key information is communicated and any issues/concerns are addressed. In the case of a general emergency as declared by the City, the City retains the right to immediately resume occupation, management, and maintenance of Gateway Center. GENERAL GUIDELINES FOR USE OF FACILITIES: Events – Gateway Center is designed to be used for events including, but not limited to, celebrations, weddings, parties, corporate events, and meetings. SMOKING / OPEN FLAMES • Smoking inside any City facility is strictly prohibited. The event management company will be required to adhere to and enforce this policy. • The use of open flames, including but not limited to candles, tiki torches, and campfires is strictly prohibited. The only exception to this is the gas grill inside the catering kitchen. • Events are not permitted to utilize any type of fireworks/pyrotechnics. This includes displays launched from City property or another location, with the intent of being viewed by guests at Gateway Center. PARKING • All vehicles must remain on paved roads and/or parking lots. • Secondary overflow parking available at Bella Vista Bay Parking lot, but must be requested and approved for each specific event needing it. SIGNS Any and all signs posted for events will comply with City Code of Ordinances, Chapter 265, Article IX – Sign Regulations. MUSIC Audio decibels must comply with City Code of Ordinances, Chapter 193 - Noise. The management company is responsible for monitoring noise levels with a sound decibel reading device, if necessary. City of Sunny Isles Beach |Request for Proposal No. 22-03-01 18 3.2 GATEWAY CENTER ROOMS AND EQUIPMENT: Fitness Room (Room 108) • 1,300 SF • Kahrs Oak Activity Floor • Mirrored walls • Sound System with Bluetooth and hardwire connections • Drop down projector & screen for presentation displays Classroom (Room 109) • 846 SF • LG Television for presentation displays • Sound System with Bluetooth and hardwire connections • Capacity size – 24 seats • Hearing Loop Assist Technology Kitchen Classroom (Room 111) • 661 SF • Two LG televisions for presentation displays • AutoTracker 3 Camera, follows using facial & motion detection • Capacity size – 18 seats Catering Kitchen (Room 112) • 1,016 SF • Stainless steel • Reach-In Refrigerator o Continental Model D1RNSSHD o Standard depth w/ half-height solid doors o 21 Cubic ft capacity • Roll-In Refrigerator o Continental DL2RI-SS o 2 sections o 64 cubic feet of space o Holds 2 sheet pan racks (22 pans each rack) • Roll-In Heated Cabinet o Continental Refrigerator Model DL2WI o 64 cubic feet of space o Holds 2 sheet pan racks (22 pans each rack) • Under counter Refrigerator o Continental SW48N-U-D City of Sunny Isles Beach |Request for Proposal No. 22-03-01 19 o 13.4 cubic ft capacity o 2 sections, 4 drawers • Reach-In Under Counter Freezer o Continental Refrigerator Model DF48N-U o 48”W, two section o 13.4 cubic ft capacity • Induction Range, countertop o CookTek Model 604601 o 2 burners (side to side) o Glass-ceramic top, individual burner control knobs o 20 power cook settings& auto shut-off • HD Range, 36”, 6 Open Burners o Imperial Model IHR-6-C o Diamond series heavy duty range, gas, 36”, 6 open burners o Cast iron grates o 245,000 BTU • Salamander Broiler, Gas o Imperial Model ISB-36 o Restaurant series range match salamander broiler, 36”, infrared burners o Removable 4 position broiler grid • Combi Oven, Gas o Rational Model B128206.19D o SelfCooking Center combi Oven/steamer o iCookingControl with 7 modes • Convection Oven, Electric o Moffat Model E22M3 o Turbofan convection oven, electric, countertop o 3 ½ size sheet pan capacity o Mechanical thermostat range 150 – 500F • Gas Countertop Griddle o Imperial Model ITG-24 o Griddle, gas, 24”W x 24”D cooking surface o 60,000 BTU • Charbroiler, Gas, Countertop o Imperial Model IABR-24 o Steakhouse Charbroiler, gas, countertop, 24” o 4 stainless steel burners o Slanted 3 position cast iron top grate o 80,000 BTU • Pizza Preparation Refrigerator o Continental Refrigerator Model CPA60 o Pizza prep table, 60”W, 2 section City of Sunny Isles Beach |Request for Proposal No. 22-03-01 20 o 19.0 cubic ft capacity o 19” poly cutting board o 2 full & 1 half-height doors • Ice Maker, Cube-Style o Hoshizaki Model KN-515MAH-E o Cube-style, 22”, air-cooled o Production capacity up to 233kg/24 hours Banquet Hall (Room 117) • 3,746 SF • Seating Capacity o Banquet style – 240 without stage (200 w/ stage) o Lecture style - 216 • AV Components o 3 projectors & screens for presentation displays o Hearing Loop Assist Technology • Tables o Mayline o Textured white with dark gray hammer-coated frame o Round 72” (27.5” H) o Seats 10/table • Chairs o Carl Hansen Preludia (Oak) o Black sled base o Lacquer seats City of Sunny Isles Beach |Request for Proposal No. 22-03-01 21 3.3 MINIMINUM QUALIFICATIONS REQUIREMENTS: Responses will only be considered from firms which have been directly engaged in the business of event management 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. 3.4 LOCATION Gateway Center, 151 Sunny Isles Blvd, Sunny Isles Beach, FL 33160. 3.5 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. 3.6 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). 3.7 STAFFING Contractor will be solely and wholly responsible for all staffing required to service each event. 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. 3.8 CLEAN UP AFTER EVENT All unusable materials and debris shall be removed from the City premises. The successful Contractor shall thoroughly clean up all areas at all times as mutually agreed with the City’s project manager. City of Sunny Isles Beach |Request for Proposal No. 22-03-01 22 3.9 REPORTINGS Each vendor must submit a detailed sample report which clearly describes/shows the method they use to track and calculate commissions due to the entity(ies) for whom they collect revenues while performing event management services (for example, a monthly sales report for a current customer of the proposer). Throughout the contract term, the contractor will be required to maintain a revenue control system (may be part of the proposer’s ERP/accounting system) to ensure the accurate and complete recording of all revenues collected on behalf of the City of Sunny Isles Beach, in a form and manner acceptable to the City. This system must contain detailed sales information from each sales transaction. Specifically, sales information must be recorded electronically, via a point-of-sale (POS) system, and must include, but is not limited to the following details for each sales transaction: description of item(s) sold, date of sale, time of sale, price of item(s) sold. A daily cash report should be generated at the end of each day’s business from the point-of-sale/ERP system at a level of detail which summarizes categories/groupings of item(s) sold in a manner acceptable to the City of Sunny Isles Beach. The proposer must also establish a unique general ledger account for all amounts due to the City of Sunny Isles Beach from such daily cash/revenue collections to segregate such funds in their accounting records. All accounting and internal control related records shall be maintained for a minimum of seven (7) 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. The contractor shall provide monthly reports which include the daily gross receipts from all sales; such report shall be submitted to the City not later than the 15th of the month following the period in which the revenue was collected. The contractor shall maintain a daily on-site presence, and shall meet regularly, if not weekly, with the City’s representative. END OF SECTION City of Sunny Isles Beach |Request for Proposal No. 22-03-01 23 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 CRITERIA Proposals shall be evaluated by the following criteria: 1. References/Experience/Qualifications of Proposing Firm, Company or Individual (20%) a. Provide a minimum of three (3) trade/supplier references, current (within the last five years) including telephone/fax numbers, complete and current addresses, contact person(s), and length of contract. Complete business and trade references shall be submitted on the forms provided. b. Provide chronological listing of any event centers or public recreation facilities which have been managed by your organization. This list must provide the name, dates, and locations for all. c. Describe type of business (i.e. proprietorship, partnership, corporation, non-profit charitable organization). d. Describe years in business, changes in ownership, and any other information the proposer may wish to supply to demonstration financial responsibility. e. Include audited financial statement including balance sheet for the most recent Fiscal year or provide sufficient information to indicate the financial stability of the vendor, including reference from the vendor’s current financial institution. The company must clearly demonstrate that it has the experience, financial stability, and manpower required to adequately provide Services required. 2. Quality/Creative Style (10%) a. Provide a listing of recent events held within the past 60 months. Please provide specific details: dates, locations, number of attendees, marketing, theme, photos, etc. 3. Qualification of Staff/Event Management (20%) a. Identify the proposed General Manager or Coordinator for the services contemplated in this proposal. This would be the City’s primary point of contact for the services. List the individual’s credentials, prior experience promoting and managing similar event centers, and provide a detailed resume for the individual. b. Provide a description of the team structure that would be used to provide the Services. Describe each staff member’s credentials and qualifications. List all previous and current assignments similar to those in this RFP which have been satisfactorily completed or are currently ongoing by the proposer. City of Sunny Isles Beach |Request for Proposal No. 22-03-01 24 c. Provide a list of preferred vendors. d. Discuss the availability of adequate personnel to perform these services and describe the proposer’s equipment and facilities, if any. e. Describe and document the extent of repeat business the proposer has achieved. f. Provide any other information that may be helpful in demonstrating competency to provide the requested services. 4. Scope of Work (Operational Plan) (15%) a. Proposed plan shall be in a format of a scope of work that can be incorporated into the Services Agreement at the City’s option: * Detailed hours of operation, procedures for controls over money, staffing, marketing, etc. * Services offered. * Customer Service Standards: * Responsiveness to the public requests * Ability to provide a tour to prospective clients * Conflict resolution * Standard Operating procedures for: * Day of event management * Load and unloading of equipment, materials, and supplies * Set up and take down, including after event clean up 5. Approach to Meet City Events and Revenue/Expense Goals (15%) a. The City goals and expectations are provided throughout the document and are highlighted as follows: * Define the highest and best use of the facilities for event users. * Optimize the use of the facility for weddings, corporate events, and other occasion purposes. b. If the proposer elects to provide a phased in approach to these goals, the time frame for achievement (if possible) should be specified. c. Discuss the proposer’s approach to meet changing needs in a flexible and effective manner. 6. Revenue Generation (20%) a. Propose a recommended compensation structure to the City for this scope of work, maximizing the proposer’s ability to provide highest and best use for the City’s Gateway Center, such as a set monthly fee or commission on revenue generated. b. Gateway Center is expected to generate revenues from weddings, corporate events, and other occasions, as well as other local events the proposer is able to market and attract. c. Specify over the life of the agreement (specify an amount for Years 1 through 5) how the proposer envisions that the revenues will be allocated to event expenses, to the proposer (management fee and profit structure), maintenance, repair, management/administration, capital repair escrow account, etc. Provide an annual business plan. City of Sunny Isles Beach |Request for Proposal No. 22-03-01 25 4.3 PRICE EVALUATION The revenue proposal should include all components of specifications provided. It shall be evaluated subjectively in combination with the qualifications provided, including an evaluation of how well it matches Contractor’s understanding of the City’s needs described in this solicitation, the Contractor’s assumptions, and the value of the proposed services. The pricing evaluation is used as part of the evaluation process. The City reserves the right to negotiate the final terms, conditions and pricing of the contract as may be in the best interest of the City. 4.4 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. 4.5 ORAL PRESENTATIONS The short-listed firms 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. City of Sunny Isles Beach |Request for Proposal No. 22-03-01 26 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 Proposal No. 22-03-01 27 SECTION 5 PROPOSAL FORMAT 5.0 FORMAT Proposers must submit (1) original, four (4) copies and 1 USB of 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 #9 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, years in business, changes in ownership, and any other information the proposer may wish to supply to demonstrate financial responsibility. 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.QUALITY/CREATIVE STYLE Provide a listing of recent events held within the past 60 months. Please provide specific details: dates, locations, number of attendees, marketing, theme, photos, etc. 3.QUALIFICATIONS In response to proposer’s relevant experience, qualifications and past performance, firms must address the following with their proposal: •Provide a minimum of three (3) trade/supplier references, current (within the last five years) including telephone/fax numbers, complete and current addresses, contact person(s), and length of contract. •Provide chronological listing of any event centers or public recreation facilities which have been managed by your organization. This list must provide the name, dates, and locations for all. City of Sunny Isles Beach |Request for Proposal No. 22-03-01 28 • Include audited financial statement including balance sheet for the most recent Fiscal year or provide sufficient information to indicate the financial stability of the vendor, including reference from the vendor’s current financial institution. 4. STAFFING a. Identify the proposed General Manager or Coordinator for the services contemplated in this proposal. This would be the City’s primary point of contact for the services. List the individual’s credentials, prior experience promoting and managing similar event centers, and provide a detailed resume for the individual. b. Provide a description of the team structure that would be used to provide the Services. Describe each staff member’s credentials and qualifications. List all previous and current assignments similar to those in this RFP which have been satisfactorily completed or are currently ongoing by the proposer. c. Provide a list of preferred vendors. d. Discuss the availability of adequate personnel to perform these services and describe the proposer’s equipment and facilities, if any. e. Describe and document the extent of repeat business the proposer has achieved. f. Provide any other information that may be helpful in demonstrating competency to provide the requested services. 5. APPROACH / METHODOLOGY Proposed plan shall be in a format of a scope of work that can be incorporated into the Services Agreement at the City’s option: • Detailed hours of operation, procedures for controls over money, staffing, marketing, etc. • Services offered. • Customer Service Standards: o Responsiveness to the public requests o Ability to provide a tour to prospective clients o Conflict resolution • Standard Operating procedures for: o Day of event management o Load and unloading of equipment, materials, and supplies o Set up and take down, including after event clean up • Discuss the proposer’s approach to meet City Events and Revenue/Expense goals, as well as meet changing needs in a flexible and effective manner. • If the proposer elects to provide a phased-in approach to these goals, the time City of Sunny Isles Beach |Request for Proposal No. 22-03-01 29 frame for achievement (if possible) should be specified. 6. COST OF SERVICES The following will be subject to negotiation: a. Propose a recommended compensation structure to the City for this scope of work, maximizing the proposer’s ability to provide highest and best use for the City’s Gateway Center, such as a commission on revenue generated. b. Gateway Center is expected to generate revenues from weddings, corporate events, and other occasions, as well as other local events the proposer is able to market and attract. Specify over the life of the agreement (specify an amount for Years 1 through 5) how the proposer envisions that the revenues will be allocated to event expenses, to the proposer (management fee and profit structure), maintenance, repair, management/administration, capital repair escrow account, etc. Provide an annual business plan. 7. 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. 8. CONTRACT FORMS All completed contract forms. 9. EXCEPTIONS Firm must list any exceptions taken to the terms and condition in this RFP. END OF SECTION City of Sunny Isles Beach |Request for Proposal No. 22-03-01 30 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. MARCH 24, 2022 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: GENESIS CUEVAS Date Issued: MARCH 2, 2022 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 22-03-01 GATEWAY PARK RENTAL MANAGEMENT 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: _________________ ________________________________________ RETURN ONE ORIGINAL, FOUR COPIES AND ONE USB OF RFP SUBMITTAL PAGES AND AFFIDAVITS FAILURE TO SIGN PAGE 33 OF THE BID SUBMITTAL MAY RENDER YOUR PROPOSAL NON- RESPONSIVE City of Sunny Isles Beach |Request for Proposal No. 22-03-01 31 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. 22-03-01 32 BID SUBMITTAL FORM Bid Title: GATEWAY PARK RENTAL MANAGEMENT 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. 22-03-01 33 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. 22-03-01 34 EXHIBIT )FGHIJKLM2.234KITCHEN SERVICE ENTRANCESPECIAL EVENTENTRY/EXIT240 SEATS200 SEATS IF WE INCLUDE A DANCING AREAPRINT / STORAGEPANTRYSTORARAGEBANQUETHALLSTORAGE116RECEPTION100LOUNGE101CORRIDOR102CONFERENCEROOM104BREAKROOM103FITNESSCENTER108CLASSROOM109CATERINGKITCHEN112CLASSROOM111BANQUETHALL/MULTIPURPOSE117AV.119ELEC.118STORAGE122STORAGE125FAMILY110RETRACTABLE OVERHEAD DOORRETRACTABLE PROJECTION SCREENRETRACTABLE PROJECTION SCREENJANITOR114TRASH113MENS127WOMENS126TELEPHONEROOM106MEETINGROOM105WORKSTATIONS107STOR.120FURNITURE PLAN LEGENDFURNITURE PLAN GENERAL NOTESNICMILLWORKFURNITURE AND / OR FURNITURE SYSTEM TAG1. COORDINATE EXACT LOCATION AND LAYOUT OF FURNITURE WITH ADJACENTCONSTRUCTION.2. FURNITURE INSTALLER TO PROVIDE LAYOUT OF WORKSTATIONS FORREVIEW BY ARCHITECT AND GENERAL CONTRACTOR.3. COORDINATE LOCATION AND QUANTITY OF WORKSTATION FEEDS WITHGENERAL CONTRACTOR.1i1423ACB1423ACSHEET NUMBERTITLEApprovedCheckedDrawnJob NumberISSUE CHARTCONSULTANTSKEYPLANPROJECTBNOT FOR CONSTRUCTIONFIRM CERTIFICATION C.A #6057ERIK S WALKER P.E: #63929JOHN MOUDLERP.E: #33200CARLOS E. JIMENEZ P.E: #47923RICARDO DURANP.E: #64768GLEN R. SEILERP.E: #83347BR+A CONSULTING ENGINEERS2600 DOUGLAS ROAD, SUITE 1100CORAL GABLES, FL 33134THORNTON TOMASETTI101 NE THIRD AVENUE, SUITE 1170FORT LAUDERDALE, FL 3330`f.954.903.9300f 954.903 9301ESI CONSULTING ENGINEERS, INC1315 NW 98TH CT.UNIT 15, DORAL, FL 33172t.305.418.9177t 305.418.9178HVACSTRUCTURAL ENGINEERSELECTRICAL + PLUMBINGINMAN FOODSERICE GROUP1330 CORAL WAYSUITE 310MIAMI, FL 33145FOOD SERVICE8/24/20185:30:09PMC:\Temp\GATEWAY_jenny.natareno.rvtA15-01FURNITURE PLANCheckerAuthor810495.000ApproverSIB-GATEWAYPARKCopyright © 2018 Perkins+WillPROJECT ADDRESS:151 Sunny Isles BlvdSunny Isles Beach, FL331601/8" = 1'-0"1FURNITURE PLAN2800 Ponce De Leon Blvd,Suite 1300,Coral Gables, FL 3313t 305.569.1333f 305.569.1334www.perkinswill.comMARK DESIGN DEVELOPMENT SET 08-24-2018EXHIBIT A - RFQ 22-03-01 City of Sunny Isles Beach |Request for Proposal No. 22-03-01 35 AFFIDAVITS 1 of 8 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 above 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 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 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 _______________________, 20 _. Personally Known ________ or Produced Identification ________; Type of identification ___________________________________ (Affix seal here) ___________________________________ NOTARY PUBLIC (name printed or typed) 2 of 8 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. 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:_________________________________.) 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. 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. 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 3 of 8 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. 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. 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 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 ______________________________________ Print or Type Commissioned Name Personally Known __________ OR Produced Identification __________ Type of Identification Produced ________________________________ 4 of 8 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: ________________________________________ ________________________________________ 5 of 8 C O N F L I C T O F I N T E R E S T City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles each, 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: 1.I am the _________________________ of __________________________________________ with a local office in ______________________________________________________________________ and principal office in ___________________________________________________________________________________________. 2.The above named entity is submitting a Bid for the City of Sunny Isles Beach, Bid No. _________________ described as _________________________________________________________. The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his own knowledge. 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. 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. 5.Neither the entity nor its affiliates, nor anyone associated with them, is presently suspended or otherwise ineligible from participation in contract letting by any local, State, or Federal Agency. 6.Neither the entity, nor its affiliates, nor anyone associated with them have any potential conflict of interest due to any other clients, contracts, or property interests for this project. 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. 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. 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 __________________________________, 20____. ____________________________________________ ____________________________________ AFFIANT Print or Type Name and Title Sworn to and subscribed before me this __________ day of ______________________________, 20____. Personally Known, OR Produced Identification - Type of Identification ____________________________________________ NOTARY PUBLIC STATE OF FLORIDA _______________________________________________________ 6 of 8 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. 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 __________ 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 __________ 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 7 of 8 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 ________________________________ E-Verify Affidavit 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 com pliance with E-Verify requirements (as applicable). To enroll in E-Verif y, 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. 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 , 2022. 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 8 of 8