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HomeMy WebLinkAboutReso 2022-3340RESOLUTION NO. 2022 -N A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH BETTOLI TRADING CORPORATION, d/b/a BETTOLI VENDING, TO PROVIDE VENDING MACHINE SERVICES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach ("City") is in need of a vendor to provide vending machine services for various locations throughout the City ("Services"); and WHEREAS, Bettoli Trading Corporation, d/b/a Bettoli Vending ("Vendor"), currently services thirteen (13) vending machines located within the Government Center, Pelican Community Park, Samson Oceanfront Park, Heritage Park, and Town Center Park as part of an expiring agreement awarded via Request for Proposals ("RFP") No. 17-03-01; and WHEREAS, the City of Parkland issued RFP 2021-03 for "Vending Machines Operation and Maintenance", and awarded a contract to the Vendor for an initial two (2) year term, terminating on April 1, 2023, with the option to renew for three (3) additional one (1) year terms; and WHEREAS, the Vendor is a certified and insured company with the necessary experience to provide the desired Services; and WHEREAS, pursuant to the City's procurement code provisions, purchases made under state, county or other governmental contracts, or competitive bids with other governmental agencies are exempt from the City's competitive bidding procedures; and WHEREAS, the City wishes to approve an Agreement with Bettoli Trading Corporation to provide vending machine services, attached hereto as Exhibit "A", where the Vendor shall pay to the City a license fee equal to 27% of the gross sales from all vending machines located on City property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of Agreement. The City Commission hereby approves an Agreement with Bettoli Trading Corporation to provide vending machine services, attached hereto as Exhibit "A", where the Vendor shall pay to the City a license fee equal to 27% of the gross sales from all vending machines located on City property. Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 3. Effective Date. This Resolution shall become effective upon adoption. @BCL@A00501D3.doc Page 1 of 2 579 A PASSED AND ADOPTED this 191h day of May 2022. Dana Robin Goldman, Mayor -ST: } APPROVED AS TO FORM j AND LEGAL S FFt IENCY: 0 cyI Malcio Betalcur, CMC, City Clerk \' dard A. Dion, City Attorney Moved by: /"l GJ AC~"�;Seconclecl b � Yv ��'f � 1 � �� Vote: Mayor Goldman �es) (No) Vice Mayor Viscarra /es) (No) Commissioner Joseph }/ Yes) (No) Commissioner Lama es) (No) Commissioner Stuyvesant (Yes) (No) @BCL@A00501D3.doc Page 2 of 2 580 OSV pNY is,,, ' 9 AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH tiF =;;Fo;sAND BETTOLI TRADING CORPORATION C>> o' suN paC D/B/A BETTOLI VENDING CONTRACT NO. 2022 - THIS CONTTUAL AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, thil,day of, 2022, by and between the CITY OF SUNNY ISLES BEACH, Florida, (hereinafter re ed to as "City"), and BETTOLLI TRADING CORPORATION D/B/A BETTOLI ENDING, a corporation authorized to do business in the State of Florida (hereinafter referred to as "Contractor") whose Federal I.D. # is 66-1057065. REC".ITAIN WHEREAS, the City is in need of a vending machine company to provide the City with healthy, organic vending machine products and services at various locations including Government Center, Pelican Community Park, Samson Ocean Front Park, Heritage Park, and Town Center Park ("Services"); and WHEREAS, Contractor has provided its Services to the City under Contract No C1617- 070, which is set to expire on May 30, 2022; and WHEREAS, Contractor is a certified and insured company with the necessary experience to provide the desired Services; and WHEREAS, the City of Parkland issued Request for Proposal, RFP 2021-03, "Vending Machines Operation and Maintenance" and on February 9, 2021, the City of Parkland approved an award to Contractor for an initial two (2) year term, terminating on April 1, 2023, with the option to renew for three (3) additional one (1) year terms; and WHEREAS, the City desires to enter into an agreement with Contractor, using the City of Parkland's solicitation information, Contractor's response thereto, and resultant contract, to provide the Services as more particularly described in Composite Exhibit "A", attached hereto and made part hereof, subject to the terms and conditions contained herein; and WHEREAS, pursuant to the City's procurement code provisions, purchases made under state, county or other governmental contracts, or competitive bids with other entities are exempt from the City's competitive bidding procedures; and WHEREAS, the City wishes to contract with Contractor to provide the desired Services as more particularly described in Exhibit "A" where the Contractor shall pay to the City a license fee equal to 27% of the gross sales from all vending machine sales located on City property. NOW THEREFORE, in consideration of the promises and the mutual covenants herein name, the parties agree as follows: TERMS 1. RECITALS. The Recitals set forth above are hereby incorporated into this Agreement and made a part hereof for reference. Bettoli Trading Corporation d/b/a Bettoli Vending 581 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 2. THE CONTRACT DOCUMENTS. The Contract Documents consist of this Agreement, as well as the terms and conditions of the City of Parkland's issued Request for Proposal ("RFP") Request for Proposal, RFP 2021-03, "Vending Machines Operations and Maintenance", Contractor's Proposal thereto, and the resultant contract dated February 26, 2021, which are specifically incorporated herein as Composite Exhibit "A" (hereinafter referred to as "Contract Documents"). 3. SERVICES. Contractor shall provide the services pursuant to the terms and conditions set forth in the Contract Documents at the following locations within the City: Government Center, Pelican Community Park, Samson Ocean Front Park, Heritage Park, and Town Center Park (hereinafter referred to as "Services"). The Services shall be performed by Contractor to the full satisfaction of the City. Contractor agrees to furnish all labor and material in a good and workmanlike and professional manner to perform Services. Contractor agrees to have a qualified representative to audit and inspect the Services provided on a regular basis to ensure all Services are being performed in accordance with the City's needs and pursuant to the terms of this Agreement and shall report to the City accordingly. Contractor agrees to immediately inform the City via telephone and in writing of any problems that could cause damage to the City's property, improvements, and persons. Contractor will require its employees to perform their work in a manner befitting the type and scope of work to be performed. In the event that the Contractor fails to complete the Services pursuant to the terms of this contract and City must undertake the completion of performance of Services, Contractor agrees to indemnify the City for all costs incurred with respect to the completion of those Services and any damages the City may suffer as a result of the Contractor's failure to perform the Services. 4. TERM. The term of this Agreement shall commence upon execution of the Agreement and shall be for an initial two (2) year term, commencing May 31, 2022, subject to the City's ability to terminate earlier in accordance with Section 10 of this Agreement. Prior to, or upon completion of the initial two (2) year term, the City has the option at its sole discretion to renew this Agreement for an additional three (3) one (1) year renewal terms. 5. COMPENSATION. In consideration for the City entering into this Agreement, which grants Contractor certain rights to provide the Services on City -owned property and receive resulting revenues, the Contractor shall pay to the City a license fee equal to 27% of the gross sales from all vending machines sales on City property in accordance with the terms and conditions outlined in the Contract Documents (the "License Fee"), which shall be payable on a monthly basis within thirty (30) calendar days following the end of each month. No amount shall be paid to Contractor to reimburse its expenses. Contractor shall generate and attach a gross sales report for every vending machine covered udder this Agreement when submitting payment of the License Fee to the City. 6. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an independent Contractor and shall be treated as such for all purposes. Nothing contained in this Agreement, or any action of the parties shall be construed to constitute or to render the Contractor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent Contractor other than those obligations which have been or shall have been undertaken by the City. Contractor shall be responsible for any and all of its own expenses in Bettoli Trading Corporation d/b/a Bettoli Vending 582 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax performing its duties as contemplated under this Agreement. The City shall not be responsible for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal income taxes or pay Social Security services and that such obligations shall be that of the Contractor, other than those set forth in this Agreement. Contractor shall furnish its own transportation, office and other supplies as it determines necessary in carrying out its duties under this Agreement. 7. CRIMINAL BACKGROUND CHECK OF CONTRACTOR'S EMPLOYEES. Prior to performing work in the City pursuant to the Agreement, all managers and employees of Contractor, any independent contractors, and any subcontractors (collectively "Personnel") shall be required to undergo a criminal background check consisting of a Florida Department of Law Enforcement ("FDLE") and Florida Crime Information Center/National Crime Information Center ("FCIC/NCIC") criminal records check. Any Personnel not meeting this requirement will not be permitted to perform work under this Agreement. The aforementioned criminal background check shall be performed through the City's Human Resources Department, at the Contractor's sole cost and expense. Failure of Contractor to comply with the provisions of this section, herein, shall be cause for termination of the Agreement. The Contractor's Personnel shall wear an identifiable uniform shirt provided by the Contractor, and maintain a clean, neat appearance. 8. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverages to protect the City and Contractor against all loss, claims, damage and liabilities caused by Contractor, its agents or employees, as more particularly set forth below: (a) Commercial Liability Insurance. A Commercial Liability Insurance Policy shall be provided which shall contain minimum limits of one million Dollars ($1,000,000.00) per occurrence combined single limit for bodily injury liability and property damage liability and shall contain minimum limits of two million Dollars ($2,000,000.00) per aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Commercial Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: i. Premises and/or operations. ii. Independent Contractors. iii. Products and/or Completed Operations for contracts. iv. Broad Form Property Damage V. Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification Contract. Vi. 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. (b) Business Automobile Liability. Business Automobile Liability shall be provided with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability Bettoli Trading Corporation d/b/a Bettoli Vending 583 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax policy, without restrictive endorsements, as fled by the Insurance Services Office, and must include: i. Owned Vehicles, if applicable. ii. Hired and Non -Owned Vehicles, if applicable. iii. Employers' Non -Ownership, if applicable. (c) Workers' Compensation Insurance. Workers' Compensation insurance to apply for all employees in compliance with Chapter 440, Florida Statutes, as may be amended from time to time, the "Workers' Compensation Law" of the State of Florida, and all applicable federal laws. In addition, the policy (s) must include: Employers' Liability with a limit of One Hundred Thousand Dollars ($100,000.00) each accident. Contractor shall furnish to City's Purchasing Department a Certificate of Insurance or endorsements evidencing the insurance coverage specified by this Section within seven (7) business days after notification of award of the Contract. The required Certificates of Insurance shall name the types of policies provided, refer specifically to this Contract, and state that such insurance is as required by this Contract. Contractor's failure to provide to City the Certificates of Insurance or endorsements evidencing the insurance coverage within seven (7) business days shall provide the basis for the termination of the Agreement. Insurance required of the Contractor shall be primary to, and not contribute with, any insurance or self-insurance maintained by the City. Such insurance shall not diminish Contractor's indemnification and obligations hereunder. The insurance policy shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to the City with a minimum A.M. Best rating of A -Excellent. Before any work under this Agreement is performed, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and shall be appropriately endorsed for contractual liability, with the City named as additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City Manager or his designee. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) days prior written notice to the City. Contractor shall also require and ensure that each of its sub - Contractors providing services hereunder (if any) procures and maintains, until the completion of the services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY. 9. POLYSTYRENE PROHIBITION. 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, any and all vending machines provided by Contractor located or operating on City Property or a City Facility shall not contain any products that violate the prohibition against carrying or use of expanded polystyrene food service articles. It shall be the sole responsibility of the Contractor to ensure its products comply with the City's Polystyrene Ordinance. Bettoli Trading Corporation d/b/a Bettoli Vending 584 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 10. TERMINATION AND REMEDIES FOR BREACH. A. If, through any cause within reasonable control, the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of the Agreement and grant Contractor ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this Agreement, and the City shall receive a refund from the Contractor in an amount equal to the actual cost of a third party to cure such failure. If Contractor fails, refuses or is unable to perform any term of this Agreement, City shall pay for services rendered as of the date of termination. (i.) In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor shall be delivered to the City and the City shall compensate the Contractor for all Services satisfactorily performed prior to the date of termination. (ii.) Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Contractor and the City may reasonably withhold payment to Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor is determined. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the Services then remaining to be performed at any time by giving Contractor ten (10) days written notice. The terms of Paragraph 10A(i) and A(ii) above shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining Services to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 11. LIQUIDATED DAMAGES. The City reserves the right to charge Contractor liquidated damages in the amount of $25.00 per day if the Contractor fails to meet the following obligations: i. Contractor shall check and fill vending machines twice per week, once Monday and a second time on Fridays, to ensure they are fully stocked and operational. ii. Contractor will address any service calls initiated by the City within one (1) day, seven (7) days a week. 12. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of this Agreement or any time for a period of ten (10) years subsequent to that date upon which the Contractor shall leave the employment of the City for any reason whatsoever, disclose to any Bettoli Trading Corporation d/b/a Bettoli Vending 585 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax person or entity, other than in the discharge of the duties of the Contractor under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Contractor of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Contractor from violating such provisions. 13. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. All parties agree and accept that jurisdiction of any dispute or controversy arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. In the event it becomes necessary for the City to file a lawsuit to enforce any term or provision under this Agreement and the City is the prevailing party then the City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed by the City pursuant to Section 768.28, Florida Statutes. 14. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: If to the City: Stan Morris With a copy to: City Manager Edward Dion, Esq. City of Sunny Isles Beach City Attorney 18070 Collins Avenue City of Sunny Isles Beach Fourth Floor 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Fourth Floor Tel: (305) 792-1776 Sunny Isles Beach, Florida 33160 Tel: 305 792-1766 If to the Maurizio Bettoli Contractor: Director Bettoli Trading Corp. d/b/a Bettoli Vending 6095 NW 167 Street, D4 Miami, FL 33015 Tel: (305) 626-0740 Fax: (305) 623-0108 Email: maurizio bettolivendin .com Bettoli Trading Corporation d/b/a Bettoli Vending 586 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 15. PUBLIC RECORDS. The Contractor shall be required to comply with the following requirements under Florida's Public Records Law: (i) Contractor shall keep and maintain public records required by the City to perform the service. (ii.) Upon request from the City, Contractor shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. (iii.) Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City. (iv.) Contractor shall, upon completion of the contract, transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided by Contractor to the City, upon request from the City, in a format that is compatible with the information technology systems of the City. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT (305) 792-1703, CityClerk@sibfl.net,18070 Collins Avenue, 4th Floor, Sunny Isles Beach, Florida 33160. 16. AUDIT. The Contractor shall make available to the City or its representative all required financial records associated with the Agreement for a period of three (3) years. 17. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and 12086. The Contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. The Contractor will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Bettoli Trading Corporation d/b/a Bettoli Vending 7 587 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non- discrimination clause. The Contractor agrees to comply with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally assisted program. 18. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by the Miami -Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by the City of Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor covenants that it presently has no interest and shall not acquire any interest, directly or indirectly which should conflict in any manner or degree with the performance of Services under this Agreement. The Contractor further covenants that in the performance of this Agreement, no person having any such interest shall knowingly be employed by the Contractor. The Contractor guarantees that he/she has not offered or given to any member of, delegate to the Congress of the United States, any or part of this contract or to any benefit arising therefrom. 19. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted by law, the Contractor agrees to indemnify and hold -harmless the City, its agents, representatives, officers, directors, officials and employees from any claims, liabilities, damages, losses and costs, including, but not limited to, reasonable attorney fees to the extent cause, in whole or in part, by the professional negligence, error or omission of the Contractor or persons employed or utilized by the Contractor in performance of Services under this Agreement. Contractor shall at all times hereafter indemnify, hold harmless and, at the City's option, defend or pay for an attorney selected by the City to defend City, its agents, representatives, officers, directors, officials and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by the intentional or negligent act of, or omission of Contractor, including those of their employees, agents, servants, or officers, or accruing, resulting from, or directly related to the subject matter of this Agreement including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action or demand, Contractor shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City. The provisions and obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by City, any sum due Contractor under this Agreement may be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by City. The parties agree that One Hundred Dollars ($100.00) represents specific consideration to the Contractor for the indemnification set forth in this Agreement. 20. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits, Bettoli Trading Corporation d/b/a Bettoli Vending 588 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. 21. CONFLICTING PROVISIONS. The terms and conditions in this Agreement shall supersede and take priority over any inconsistent or conflicting provisions that are contained in any other document, including but not limited to Exhibit "A", `B", and "C". 22. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, 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 as Exhibit `B". 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 287.135. 23. E -VERIFY. Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E -Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E -Verify system. Florida Statute 448.095 further provides that if a Contractor enters into a contract with a subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, Contractor is required to verify employee eligibility using the E -Verify system for all existing and new employees hired by Contractor during the contract term. Further, Contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of Contractor to ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify website (https://www.e-verify.gov/employers/enrolling-in-e-verify) and follow the instructions. The Contractor must retain the I-9 Forms for inspection, and provide the attached E -Verify Affidavit, attached hereto as Exhibit "C". 24. MISCELLANEOUS. A. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless Bettoli Trading Corporation d/b/a Bettoli Vending 9 589 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. C. This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations, commitments, agreements and understandings relating hereto. D. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. E. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. [Remainder of page intentionally left blank] Bettoli Trading Corporation d/b/a Bettoli Vending 10 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first written above. WITNESS: Print Name ATT M. Im Department Head BETOLLI TRADING CORPORATION D/B/A BETTOLI VENDING -1/ Maurizio Bettoli, Director CITY OF SUNNY ISLES BEACH BY: Dana Robin Goldman, Mayor APPROVED AS TO FORM AND LESUF ENCY BY: .,Edward A. I ion, City Attorney Bettoli Trading Corporation d/b/a Bettoli Vending 1 l RFP 2021-03 Vending Machines Operation and Maintenance Closing Date: Tuesday, January 26, 2021 Submission Summary AWD - Award RFA - Recommendation for Award - 02/09/2021 592 Vendor Fee Bid % of Sales Percent spelled out 1 Bettoli Trading Corp 27% Twenty Seven AWD Percent AWD - Award RFA - Recommendation for Award - 02/09/2021 592 RFP 2021-03 - Vending Machines Operation and Maintenance Opening Date: December 29, 2020 1:10 PM Closing Date: January 26, 2021 2:00 PM Vendor Details Company Name: Bettoli Trading Corp Does your company conduct business under any other name? If Bettoli Vending yes, please state: 6095 NW 167th St Address: Suite D4 Hialeah, Florida 33015 Contact: Leonardo Bettoli Email: bettoli@bettolivending.com Phone: 305-626-0740 1004 Fax: 305-623-0108 HST#: 65-1057065 Submission Details Created On: Submitted On: Submitted By: Email: Transaction #: Submitter's IP Address: Monday January 25, 2021 14:36:33 Tuesday January 26, 2021 10:54:35 Leonardo Bettoli bettoli@bettolivending.com 513a11cb-d424-4c6f-8634-0df73c4d10d4 50.79.148.246 Bid Number: RFP 2021-03 Vendor Name: Bettoli Trading C 593 Schedule of Prices The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid, at the unit prices, and/or lump sums, hereinafter stated. *Denotes a "MANDATORY" field Do not enter $0.00 dollars unless you are providing the line item at zero dollars to the City (unless otherwise specified). If the line item and/or table is "NON -MANDATORY" and you are not bidding on it, leave the table and/or line item blank.Do not enter a $0.00 dollar value. Fee Proposal (30 Points) The proposal with the highest compensation rate paid to the City will receive thirty (30) points. The second highest proposed compensation amount will be divided into the highest proposed compensation amount and multiplied by thirty (30) to arrive at a point total, and so on for the other proposals. Example is as follows: If the highest proposed compensation amount is: 25%, they will receive 30 points, if the second highest proposer compensation is: 20% the calculation is as follows: 20% / 25% x 30 = 24 points. For Fee Proposal Evaluation purposes, compensation rate paid to the City for all vending machines will be utilized. The Proposer, by submitting this proposal, states that its has carefully examined the advertisement, conditions, attachments and instructions attached to the RFP for Vending Machines Operation and Maintenance. We, the undersigned, will furnish all labor, materials, equipment, services, and all other items required for the defined services. Proposer agrees that this proposal shall be valid and may not be withdrawn for a period of ninety (90) calendar days after the scheduled closing time for receiving proposals. Compensation Rate Paid To The City % of Sales * Percent spelled out* Project #3 Compensation rate paid to the City for all vending machines 27 Twenty Seven Percent Vending Machine Services Additional Incentives or Notes (Optional) 0 N/A All Public schools in Miami Dade County Minimum Experience Requirements In order to be considered, Proposers must provide evidence that they are qualified to satisfactorily perform the specified services. Evidence shall include all information necessary to certify that the Proposer has provided services of a type similar to the services sought in this competitive solicitation. The evidence will consist of listing contracts for similar services that have been provided to public and/or private -sector clients, within a minimum of the last five years. IN THE SPACE BELOW, Proposer must provide details fulfilling above minimum experience requirements. It is mandatory that proposers use this form in order to indicate that the minimum experience requirement is met. No exceptions will be made. Bid Number: RFP 2021-03 Vendor Name: Bettoli Trading C 594 Project #1 * I IProject #2 Project #3 Project Name Healthy Vending Vending Machine Services Vending Machine Services Project Location All Public schools in Miami Dade County All Miami Dade County Public Facilities All city parks and government buildings. Owner Name Miami Dade County Public Schools Miami Dade County ISD City of Hialeah Contact Name Thomas Holmberg Lorena Zapustas George Hernandez Contact Telephone No. 786-275-0464 305-375-3950 305-889-5701 Contact Email Address tholmberg@dadeschools.net Lorena.Zapustas@miamidade.gov ,1FHemandez@hialeahfl.gov Yearly Budget/Cost 500+ Machines 250+ Machines 40+ Machines Dates of Contract ISince 2007 - Present Since 2014 - Present ISince 2013 Bid Number: RFP 2021-03 Vendor Name: Bettoli Trading C 594 Qualification Statement Part 1 The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made hereinafter: Company Profile Response Name of Company Bettoli Trading Corp. D/B/A Bettoli Vending Address 6095 NW 167th street Suite D4 City Hialeah, State Florida Zip 33015 Telephone Number 305-626-0740 Fax Number 305-623-0108 How many years has your organization been in business under its present name? 20 Under what former name(s) has your business operated? J&H Vendors At what address was that/those business(es) located? Same Are you a: sales representative, distributor, broker, or manufacturer, of the commodities/services bid upon? Yes Qualification Statement Part 2 Note: if you are providing the Local Vendor Preference Form, you can do so through the Document Upload area under the "Local Vendor Preference Form" upload area. All Certifications can be uploaded to the "Certification for Qualification" area. Bid Number: RFP 2021-03 Vendor Name: Bettoli Trading C 595 Response* ` Additional Information, if required Are you operating under Fictitious Name ("dba")? If Yes, submit r Yes http://dos.sunbiz.org/scripts/ficidet.exe? evidence of compliance with Florida Fictitious Name Statute. r No action=DETREG&docnum=G10000054470&rdocn um=610000054470 Are you Certified? If Yes, ATTACH A COPY OF CERTIFICATION r Yes This certification is not require for shelf stable r No product, However, if the city prefers that we hold a certification, we have no problem completing the process. Are you Licensed? If Yes, ATTACH A COPY OF LICENSE r Yes r No Are you claiming Minority Participation, as per Section 2.22? (If yes, C. Yes please complete Local Vendor Preference Form) r No Are you claiming Local Preference, as per Section 2.23? r Yes r No Do you have the required insurance coverage's set forth in the r Yes competitive solicitation? If Yes, ATTACH A COPY OF INSURANCE r No CERTIFICATES Has your company or you personally ever declared bankruptcy? If Yes, r Yes explain? r No Have you ever received a contract or a purchase order from the City r Yes of Parkland or other governmental entity? If yes, explain (date, r No service/project, bid title, etc.): Have you ever received a complaint on a contract or bid awarded to r Yes you by any governmental entity? If yes, explain: r. No Have you ever been debarred or suspended from doing business with r- Yes any governmental entity? If yes, explain: r No Bid Number: RFP 2021-03 Vendor Name: Bettoli Trading C 595 Firm Qualifications (25 Points) This section of the proposal should establish the ability of Proposer to satisfactorily perform the required work by reasons of: experience in performing work of a similar nature; demonstrated competence in the services to be provided; strength and stability of the firm; staffing capability; work load; record of meeting schedules on similar projects; and supportive client references. Proposer should: Bid Number: RFP 2021-03 Vendor Name: Bettoli Trading C 596 Response:* Provide a brief profile of the firm, including the types of services Bettoli Trading Corp. D/B/A Bettoli Vending was established November 21st 2000 in offered; the year founded; form of the organization (corporation, the state of Florida. It was created by the acquisition of a small vending company partnership, sole proprietorship); number, size and location of with 350 active machines. After an intensive analysis, education within the industry offices; and number of employees. and mastering the technological advances of the industry, we started our significant growth in 2007. Today we have over 1800 active machines, growing over 350% in less than 10 years. Our growth has not been coincidental. It was the result of a perfect mix of proper operation, implementation of proven technologies, education to our staff and dedication to our clients, Our staff is trained by strict industry standards. Provide a general description of the firm's financial condition and Even after Experiencing COVID-19 and the financial difficulties this has brought to identify any conditions (e.g., bankruptcy, pending litigation, planned all the companies in our field, we have been able to sustain our operations and office closures, impending merger) that may impede Proposer's maintain a positive standing with all our suppliers and service providers. You may ability to complete the project. check our DNB credit and welcome any comparison against competitors. We are currently under litigation for an auto -negligence claim for which it does not exceed our limits. Describe the firm's experience in performing work of a similar As the industry progresses, we have always kept up with proven technologies that nature to that solicited in this competitive solicitation, and highlight gives benefits to our clients and customers. Recently, we have integrated immediate the participation in such work by the key personnel proposed for customer service communication by integrating mobile app pages into our forms of assignment to this project. State history of the firm, in terms of communication. this form has been welcomed primarily by our young customers, length of existence, types of services provided, etc. Identify the whom also have put stress into the healthier product lineups. technical details that make the firm uniquely qualified for this work. Identify brand names, the nutritional health standards of products based on healthy vending guidelines, and the quality of goods to The technology has also been our best allied on beating the stigma of be sold. accountability in this industry. Being able to show such level of data is key on ensuring money is accounted properly. The technology continues to advance. Currently we have reached a level in which most problems are electronically reported by the machine directly to us without human intervention. See report below. This technology has placed us at the forefront of customer service performance. Increasing customer satisfaction and increasing equipment reliability. For the past 15 years we have been using GPS tracking technology. This has helped us maximize our response time and efficiencies. As well confirm site visits if in doubt. For the past 10 years we have integrated technology further by providing our staff with smartphones able to provide video conference. This has reduced our response time to service calls significantly. Many times, the closest staff to a machine is not the service technician. However, with video conference the route staff can quickly show what the problem is providing us the ability to speed up the response. Either by allowing the office to know if a not common part might be needed or simply by informing the staff in front of the machine what to do to place the machine back in operation, many times reducing the service call to just minutes from the reported time. We have used most brands and have tested most models available. We are willing to work with the City if a specific brand/model is necessary. On the next few pages, you will see catalogs corresponding to many of these models. Our plan is to implement 100% ADA compliant equipment. With 100% 4in1+ Credit Card acceptors in all machines, the 4in1+ is a device able to accept multiple forms of payments such as, credit card, mobile payments (apple pay, Android pay, etc.), RFID Credit Cards and allows us to combine it with the bill acceptor which can be program to accept up to $20 bills. For snack machines: Our preference is to use the state of the art, Crane Merchant Media. In both models (4 columns wide and 6 columns wide), We have used these machines successfully. We always inspect and test all models of machines available in the NAMA ONE SHOW, where the top 10 vending machine manufacturers are present, and we are happy to discuss any ideas the city may have. For the ice-cream machines: our plan is to use the Leader in the industry of Ice cream vending, Fastcorp with its robotic arm delivery system. Bid Number: RFP 2021-03 Vendor Name: Bettoli Trading C 596 Management, Supervisory and Staff Experience (20 points) This section of the proposal should establish the method that will be used by the Proposer to manage the Scope of Work as well as identify key personnel assigned to the Scope of Work. Proposer should: • Complete Management, Supervisory and Staff Experience Nos. 1 - 3 in the Document Upload area titled: Team Staffing. • Complete Management, Supervisory and Staff Experience No. 4 in the Document Upload area titled: Organization Chart. • Complete Management, Supervisory and Staff Experience No. 5 in the blank area below. Bid Number: RFP 2021-03 Vendor Name: Bettoli Trading C 597 Response 1. Provide education, experience, and applicable professional We believe in education and training, Our staff has completed Industry Certification credentials of project staff, from the National Automatic Merchandising Association (NAMA) such as Route Driver, Journeyman Technician, NAMA certified Executive, and others. Videos provided for these courses are reviewed by our staff annually to ensure the information and proper procedures are not forgotten. Bettoli Vending is a proud member of: The National Automatic Merchandiser Association (NAMA) The Automatic Merchandiser Association of Florida (AMAF) Currently we have 30 Direct Employees Management team to be assigned to this project: Leonardo Bettoli MBA, NCE, CCS. Merchandising and Marketing Manager, AMAF Board Member 2010-2013 and 2013-2016. NAMA Certified Executive. Route Driver Certified (NAMA) Vending Technician Level I (NAMA) Journeyman Vending Technician Certified (NAMA) Certified Coffee Specialist (NAMA) Specialization in Entrepreneurship Maurizio L. Bettoli BS. Director of Operations Route Driver Certified (NAMA) Vending Technician Level I (NAMA) Journeyman Vending Technician Certified (NAMA) Valeria Bettoli BS. Director of Finances MAST QuickBooks Certified Jose De Freitas. Head Technician. Route Driver Certified (NAMA) Vending Technician Level I (NAMA) Journeyman Vending Technician Certified (NAMA). 2. Fumish brief resumes (not more than one (1) page each) for Will be attached. the proposed Project ManagerNending Manager and other key personnel. 3. Identify key personnel proposed to perform the work in the Maurizio L Bettoli, Leonardo Bettoli specified tasks and include major areas of subcontract work. 4. Include a project organization chart, which clearly delineates Will Be attached communication/reporting relationships among the project staff. 5. Include a statement that key personnel will be available to the As a family business we need to emphasize that we cross train on all aspects of extent proposed for the duration of the project acknowledging that the business and we ensure things get done. We are knowledgeable on each other no person designated as "key" to the project shall be removed or duties and can perform any of the duties in the absence of the other. We expect to replaced without the prior written concurrence of City of Parkland. see this contract thru to the end of its performance. Bid Number: RFP 2021-03 Vendor Name: Bettoli Trading C 597 Methodology including Technical Approach and Understanding of the Scope of Services (20 points) Proposer shall provide a narrative, which addresses the Scope of Work and shows Proposer's understanding of City of Parkland's needs and requirements. Proposer should: All references stated shall be for the same or similar scope as the one described in this Bid. References Provide specific references for at least five customers (preferably public entities), including customers served by the firm's nearest office to the City. They should be of similar size, complexity and magnitude to the City. Please do not include the City of Parkland or City of Parkland employees as references. Additional references may be provided by attachment. Description Response:* Describe the approach to completing the tasks specified in the We would start with communication with the city and understanding needs that might Scope of Services. no necessarily have been listed on the RFP. such as additional services or extra Organization cleanliness needed. each site is unique and outdoor location can be very different. City Of Pembroke Pines We would present a menu and incorporate city feedback as well as educate city City of Tamarac staff on alternates ways of communication which may help handle service complaints Address from residents. Include an implementation schedule with a final report delivery date Timeline, would be to install the day after the current vending machines are and note key project milestones and timelines for deliverables. removed. unless the city would like more time to do in depth cleaning of surfaces. Identify any assumptions used in developing the schedule. total number of machines is about 20, these could be installed in a single day if Tom Joyce need be. Include a statement indicating ability to begin work with minimum We currently have enough equipment to fulfill the city needs. We could begin notice. Proposer may also propose procedural or technical installing the vending machines within two business dais of award. given that the enhancements/innovations to the Scope of Services, which do not city currently has vending services, we would coordinate with city staff to minimize materially deviate from the objectives or required content of the downtime. Scope of services. bbeard@westonfl.org Provide a detailed work plan is to be presented which lists all 1. Contact city staff after award for Introductory meeting and discussion of tasks determined to be necessary to accomplish the work detailed timeline. in the scope of services. The work plan shall define resources 1.1. Request onsite visit with location staff to confirm current or proposed needed for each task. In addition, the work plan shall include a locations. timeline schedule depicting the sequence and duration of tasks 2. Choose appropriate equipment from current on hand inventory. Most large showing how the work will be organized and executed. Vendor contract would require us to source equipment but due to other circumstances we may propose tasks and deliverables outside of those listed if they have plenty of equipment on hand. believe they are necessary to support the City's objectives. In the 3. Confirm removal and installation schedule with city staff. scoring for this section, proposers shall be evaluated on the 4. Prepare machines accordingly (labels, software, tie downs, change, etc.), plan clarity, thoroughness, and content of their responses to the above menus. items. 5. Install machines, test cashless connections, address any issues that arise. 6. Monitor daily sales to ensure proper servicing until a proper service schedule can be attained. 7. Discuss with city staff possible seasons and increase service schedules depending on city events. 8. Ensure city knows proper way to ensure communications for any out of the ordinary issues. Additional Information: Provide any additional plans and/or relevant Our plan is to automate as much as possible. currently the vending machines information about Proposer's approach to providing the required communicate with us to help us determined when a specific machine needs service. services. however, we have gone a step further and added online communication so if a resident happens to have a machine malfunction, the resident may communicate with us directly and this helps us identify and correct the problem faster. it also increases customer satisfaction as well as retention eventually increasing sales and revenue to the city. you may try our platform at www.VendingRefunds.com All references stated shall be for the same or similar scope as the one described in this Bid. References Provide specific references for at least five customers (preferably public entities), including customers served by the firm's nearest office to the City. They should be of similar size, complexity and magnitude to the City. Please do not include the City of Parkland or City of Parkland employees as references. Additional references may be provided by attachment. Description Reference #1 * Reference #2,* Reference #3 " Reference #4 * Reference #5 Organization City of Weston City Of Pembroke Pines City of Doral City of Tamarac Town of Davie Address 20200 Saddle Club Road, Weston, FL. 33332 601 City Center Way, Pembroke Pines, FL. 33025 8401 NW 53rd terrace, Doral, FL. 33166 8601 W. Commercial Blvd., Tamarac, FL. 33351 6591 Orange Drive, Davie, FL. 33314 Contact Bryan Beard Tom Joyce Mauricio Narvaez Dania Maldonado Brian O'connor Telephone Number 954-389-4321 954-392-2127 305-593-6600 954-597-3633 954-797-1016 Email Address bbeard@westonfl.org tjoyce@ppines.com mauricio.narvaez@cityofd oral.com dania.maldonado@tamar ac.org brian_oconnor@davie- fl.gov Services Provided Vending Machine Services Vending Machine Services Vending Machine Services Vending Machine Services Vending Machine Services Years of Service 4 2 6 3.5 5 Documents It is your responsibility to make sure the uploaded file(s) is/are not defective or corrupted and are able to be opened and viewed. Bid Number: RFP 2021-03 Vendor Name: Bettoli Trading C 598 If the attached file(s) cannot be opened or viewed, your Solicitation may be rejected. The following forms must be filled out, scanned and uploaded to the defined section. Failure to provide the requested attachments may result in your bid being deemed non-responsive. • Authority to Execute Bid and Contract Form • Background and Employment Verification Affidavit • Certification and Acknowledgement of Business Type • Drug Free Workplace Form • Non-Colllusive Affidavit • Public Entity Crime Statement • Scrutinized Vendor Certificate • W-9 • Local Vendor Preference Form (If applicable) • Team Staffing - staffing.pdf - Monday January 25, 2021 16:22:33 • Resumes of Proposed Personnel-- Resumes.pdf - Monday January 25, 2021 16:21:53 • Organization Chart - Organizational Chart.pdf - Monday January 25, 2021 16:21:11 • Mandatory Forms - Required Documents.pdf - Monday January 25, 2021 16:11:03 • Non Mandatory Forms (Local Vendor. Trench Safety. etc.) - OSD_MBE _Certificate.pdf - Monday January 25, 2021 16:11:14 • Additional Document - Flyers and licenses reduced.pdf - Tuesday January 26, 2021 10:54:09 Bid Number: RFP 2021-03 Vendor Name: Bettoli Trading C 599 PAR C7 °, AUTHORITY TO EXECUTE PROPOSAL AND CONTRACT NAME: Maurizio L Bettoli TITLE: Director SIGNATURE:. Given under my hand and the Seal of the said corporation this 25th day of January 2021 Corporate Title NOTE: The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Parkland that the person signing the Proposal and Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf. 600 PAFJ BACKGROUND CHECK & EMPLOYMENT VERIFICATION AFFIDAVIT 3 �s4txtnw{ STATE OF FLORIDA COUNTY OFMiami Dade I, the undersigned, being first duly sworn, do hereby state under oath and under penalty of perjurythat the fol lowingfacts are true: 1.1 am overthe,age of 18 and am a residentof the State of Florida. 2. lam the Director (title) of Bettoli Trading Corpand I certifythat I have the authorityto make the representations setforth within this Affidavit. 3. Bettoli Trading Corp. intends to enter into an agreement with the City of Parkland to provide the services detailed in competitive solicitation # RFP 2021-03_. 4. The fulfillment of the Background Check requirement shall be conducted through State, National and Sexual Offender/Predatorcriminal history record databases. 5.1 hereby certify I shall at my expense obtain a criminal background checkfor each employee, Contractor, or subcontractor or subconsultant having access to City property prior to beginning the work and, dependingon the contract'sterm, on an annual basis thereafter. 6. 1 also certify that based upon the result of the criminal background check, no employee, Contractor, nor subcontractoror subconsultantwho has been convicted of an offense orat the discretion of the City shall not be permitted to perform work underthis contract in or on City property. I attest that all personnel used in the performance ofthiswork have had a criminal background check with a passinggrade and have been drugtested with a passinggrade. 8.1 acknowledge and agreeto utilizethe U.S. Departmentof Homeland Security's E -Verify system toverify the employment eligibility of all new employees hired by the Contractor/Subcontractor during the Agreement term. All cost(s) incurred to initiate and sustain the aforementioned programs shall be the responsibility of the Contractor. Failure to meet this requirement may result in termination of the Agreement bythe City. City of Parkland RFP 2020-12 Page 1 601 ``o'PNt7r, 2 BACKGROUND CHECK & EMPLOYMENT �ryt,Tu� VERIFICATION AFFIDAVIT Executedthis 25th day of January , 2021 (Signature of Affiant) By Maurizio L Bettoli, Director (Print Name and Title) The foregoing was acknowledged before me this day ofd0V), 20&(, by who is personally known tome or who has produced as identificatiMtn who did take an oath. WITNESS my hand and official seal, this �� day of .20-W (NOTARYSEAL)`4�1i (Signature of person taking acknowledgment) MONICA L SANTAIVA ;;. MY COMMISSION # GG065755 MOV) 1 C :'snr�e EXPIRES February 28, 2021 (Name of officer taking acknowledgment) typed, printed or stamped (Title or rank) ra 6 5 - My commission expires: �" (Serial number, if any) Lb4o (Title or rank) My commission expires:��gl (Serial number, if any) City of Parkland RFP 2020-12 Page 2 602 oPA CERTIFICATION & ACKNOWLEDGEMENT OF BUSINESS TYPE This form must be signed in the presence of a Notary Public or other officer authorized to administer oaths and submitted with the bid package on the specified bid opening date. The undersigned proposer certifies that this proposal package is submitted in accordance with the specifications in its entirety and with full understanding of the conditions governing this proposal. BUSINESS ADDRESS of PROPOSER: Bettoli Trading Corp. D/B/A Bettoli Vending Company Name Maurizio L Bettoli Contact Person 6095 NW 167th street Suite D4 Address Hialeah FL 33015 City State Zip Telephone No. 305-626-0740 Fax No. 305-623-0108 Email Address: Maurizio@BettoliVending.com Federal ID. No. or Social Security No. 65-1057065 INDICATE WHICH TYPE OF ORGANIZATION BELOW: Individual Partnership Corporation X LLC Other AUTHORIZED SIGNATURE OF PROPOSER Maurizio L Bettoli Signature Printed Name If individual list dba: If Corporation include Corporate Name: Bettoli Trading Cor Attest: Corporate Secretary Signature: Printed Name: = .:MG.uirizib=L Bettoli 603 c?ut P�k� .. CERTIFICATION & ACKNOWLEDGEMENT p OF BUSINESS TYPE NOTARY PUBLIC: STATE OF: `-E'""1 CITY OF: �Anht Q The foregoing instrument was acknowledged before me this C5 day of 2@3l by VtMLP tCl t7 -C��., who is (who are) personally known to me or who has produced as identification and who did (did not) take an oath. NOTARY PUBLIC SIGNATURE: rto-'V— Qrt. X" QQ NOTARY NAME, PRINTED, TYPED OR STAMPED: 1 1 /t( ni cA Commission Number: My Commission Expires: t-, MONICA MONICA L SANTANA MY COMMISSION # GG065755 EXPIRES February 28, 2021 604 PAIL ok .. k DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that Maurizio L Bettoli does: (Name of Business) 1. Publish a statement notifying employees thatthe unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions thatwill be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any availabledrug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notifythe employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, fora violation occurring in the workplace no laterthan five (5) days aftersuch conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Proposer's Signature Maurizio L Bettoli Proposer's Printed Name 605 NON -COLLUSIVE AFFIDAVIT 't�t3/lITAUK� State of Florida ) )ss. County of Miami Dade j Maurizio L Bettoli being first duly sworn, deposes and says that: (1) He/she is the Director (Owner, Partner, Officer, Representative or Agent) of Bettoli Trading Corp. the Proposer that has submitted the attached proposal; (2) He/she isfullyinformed respectingthe preparation and contents of the attached proposal and of all pertinent circumstances respecting such proposal; (3) Such proposal is genuine and is not a collusive or sham proposal; (4) Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Proposer, firm, or person to submit a collusive or sham proposal in connection with the work for which the attached proposal has been submitted; orto refrainfrom bidding in connection with such work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with and Proposer, firm or person to fix the price or prices in the attached proposal or of any other Proposer, or to fix an overhead, profit, or cost elements of the proposal price or the proposal price of any other Proposer, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed work; (5) The price or prices quoted in the attached proposal are fairand proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. 606 ut pARk� r1 NON -COLLUSIVE AFFIDAVIT Signed, sealed and delivered in the presence of: Leo -,1a44 o 77 (P rr'c. QeIT-o I r' ACKNOWLEDGEMENT State of` t' 101Y'\u County of i 0'�\��( X11 Maurizio L Bettoli (Printed Name) Director (Title) The foregoing instrument was acknowledged before me this Q� day of � 20a by -MOUvi CLP -6LjA'f '(,,twho is personally known to me or who has produced`fi'�J( as identification and who did (did not) take an oath. WITNESS my hand and official seal K0k_ NOTARY PU5, MONICA L SANTANA MY COMMISSION # GG065755N '•".F" a� EXPIRES February 28, 2021 (Name of Notary Public: Print, Stamp, or Type as Commissioned.) 607 o� VAR PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for 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 public entity, may not be awarded or perform work as a Proposer, supplier, sub -Proposer, 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 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list" I state that this Proposer complies with the above. Signed;, Printed Name: Maurizio L Bettoli Date: 01/25/2021 1::1117.3 � PARk CERTIFICATION & ACKNOWLEDGEMENT g'a OF BUSINESS TYPE NOTARY PUBLIC: STATE OF: }''1 CITYOF: The foregoing instrument was acknowledged before me this S5 day of 263l by lOZ@.l N i who is (who are) personally known to me or who has produced as identification and who did (did not) take an oath. NOTARY PUBLIC SIGNATURE: 9 �1l�l.i.C_Q,LJ��u QQ NOTARY NAME, PRINTED, TYPED OR STAMPED: rn an', c.A k • �Sn rr ton Z Commission Number: My Commission Expires: i MONICA L SANTANA t ;, MY COMMISSION # GG065755 EXPIRES February 28, 2021 O� SUNNY 1,4 9 ti i. n U Z o� CONTRACTOR ANTI—BOYCOTT CERTIFICATION as P\ 4F � • F l0 r� 5 O�fr OP SON O 4 [PURSUANT TO FLORIDA STATUTE § 287.1351 on behalf of , Print Name Company Name certifies that Company Name 1. Participate in a boycott of Israel; and does not: 2. Is not on the Scrutinized Companies that Boycott Israel list; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Cuba or Syria. Signature Title Date 610 Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E - Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E -Verify system. Florida Statute 448.095 further provides that if a contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, all contractors doing business with the City of Sunny Isles Beach are required to verify employee eligibility using the E -Verify system for all existing and new employees hired by the contractor during the contract term. Further, the contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of the awarded vendor to ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify website (https://www.a-verify.gov/emplovers/enrolling-in-e-verify) and follow the instructions. The contractor must, as usual, retain the 1-9 Forms for inspection. By affixing your signature below you hereby affirm that you will comply with E -Verify requirements. Company Name Offeror Signature Print Name Federal Employer Identification Number (FEIN) Date Title 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 611 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax EXHIBIT "A" Parkland's RFP, Contractor's response thereto and Parkland Contract Bettoli Trading Corporation d/b/a Bettoli Vending 12 CITY OF PARKLAND REQUEST FOR PROPOSAL 2021-03 VENDING MACHINES OPERATION AND MAINTENANCE O'k pA kl V _ d EST.1963 Y- 4 NTAL1�i 4 RESPONSES ARE DUE BY 1/26/2021, 2:00 PM (EST) CONTACT: ANTHONY CARIVEAU, MPA, CPPD, FCCN PURCHASING DIRECTOR CITY OF PARKLAND, CITY HALL 6600 UNIVERSITY DRIVE PARKLAND, FLORIDA 33067 TELEPHONE: (954)757-4177 EMAIL: acariveau@Cityofparkland.org City of Parkland RFP 2021-03 Page 1 'ATTENTION ALL CONTRACTORS' PUBLIC NOTICE Public notice is hereby given that the City of Parkland has issued a Request for Proposals for the above-named contract, with responses due no later than the date and time given above. The City of Parkland, Florida ("City") hereby is requesting proposals from qualified and experienced firms for Vending Machines Operation and Maintenance at various locations throughout the City, in accordance with the terms, conditions, and specifications contained in this Request for Proposal (RFP). Work consists of furnishing all labor, materials, equipment, tools, permitting, service, transportation, and supervision necessary to properly provide the products and services listed in this solicitation in a safe, effective and efficient manner. All responses to this Request for Proposal MUST be submitted ELECTRONICALLY through the City of Parkland's official e -procurement platform powered by bids&tenders. Solicitation responses submitted by any other means WILL NOT be accepted. All competitive solicitations will be publicly opened online at CityofParkland.bidsandtenders.net. Proposals received after the assigned date and time are not permitted by the bidding system. A copy of the complete solicitation package may be obtained from the City of Parkland's website: https://cityofparkland.bidsandtenders.net/Module/Tenders/en. If you are not registered as a vendor with the City's bids&tenders site, you may do so, at no charge, which will then provide you with automatic notifications when the City posts solicitations. The solicitation is also advertised through DemandStar, however proposals must be submitted through the City's bids&tenders website. (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) City of Parkland RFP 2021-03 Page 2 Contents PUBLIC NOTICE................................................................................... ANTICIPATED SCHEDULE OF EVENTS ................................................. Section 1 Introduction and Overview ................................... Section 2 Standard Terms and General Conditions .............. Section 3 Evaluation and Selection Criteria .......................... Section 4 Special Conditions ................................................. Section 5 Specifications and Proposal Requirements........... Attachment "A" Vending Equipment List ......................................... ANTICIPATED SCHEDULE OF EVENTS Page ................................. 2 ................................. 3 ................................. 5 ................................. 8 ............................... 18 ............................... 22 ............................... 29 ............................... 44 The tentative schedule of events, relative to the proposal shall be as follows: Event Advertisement of RFP Pre -Proposal Meeting: Last day for questions/clarification Date (on or by) 12/29/2020 None 1/15/2021 by 5 PM Last day for addendum to be posted 1/19/2021 Proposal Submission deadline 1/26/2021 at 2:00 PM Evaluation Committee Meeting (if necessary) TBD Top-ranked firm recommended to City Commission First available meeting Note: All times are subject to change at the City's discretion. (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) City of Parkland RFP 2021-03 Page 3 ❑ PRE -PROPOSAL CONFERENCE (applicable if box checked): Not Planned A pre -proposal conference shall be held on , 2021 at _: 00 PM at the City of Parkland Commission Chambers, 6600 University Drive, Parkland, FL 33067 as well as virtually via Zoom. Attendance at the pre -proposal conference is encouraged, however the recording will be uploaded and made available soon after the meeting. I not be held responsible for incorrect fee bid due to contractor's misunderstanding of requirements, measurements, and services required. This information session presents an opportunity for the proposer to clarify any concerns regarding the bid requirements and clarify any information about the site location. Although the pre-bid conference is optional, no modification or changes will be allowed because of the failure of the Proposer to have not visited the sites or attended the conference and carefully reviewed all available information. ZOOM MEETING INFORMATION: Please note that the meeting information provided below will be the same for any/all virtual meetings related to this solicitation. Join Zoom Meeting https://uso2web.zoom.us/i/9547574177 Meeting ID: 954 757 4177 One tap mobile +13126266799, 9547574177# US (Chicago) +16465588656, 9547574177# US (New York) Dial by your location +1312 626 6799 US (Chicago) +1646 558 8656 US (New York) +1 301 715 8592 US (Germantown) +1346 248 7799 US (Houston) +1669 900 9128 US (San Jose) +1253 215 8782 US (Tacoma) Meeting ID: 954 757 4177 Find your local number: https://us02web.zoom.us/u/kcOFvYdMlN City of Parkland RFP 2021-03 Page 4 Section 1- Introduction and Overview 1.1. CITY OF PARKLAND OVERVIEW: The City of Parkland ("City") was incorporated in 1963 and is located in the northwest corner of Broward County. The City has a park -like setting and is a predominantly single- family residential community. Some original areas of the community include large estate lots with one dwelling unit per 2.5 acres and estate lots with one dwelling unit per acre. Newer portions of the community are generally gated single-family home developments. Commercial development in the City is limited to a handful of shopping plazas which are for the most part concentrated on the SR7 corridor. The current population is estimated at 31,507 people and the median income of residents is estimate at $128,2921. Parkland has earned a reputation for safety, excellent public schools, parks and open spaces, and its "home town" feel. In 2009, the City annexed approximately 2,000 acres commonly referred to as "the Wedge". This annexation increased the size of the City from approximately 11 square miles to nearly 13 square miles. Development of the Wedge is still ongoing but at build- out (approximately 2025), is projected to increase the City's population. 1.2. PURPOSE: The City of Parkland, Florida is requesting proposals from qualified and experienced firms for Vending Machines Operation and Maintenance at various locations throughout the City, in accordance with the terms, conditions, scope of services, specifications and requirements of this competitive solicitation. 1.3. INITIAL CONTRACT PERIOD AND CONTRACT RENEWAL: The initial contract shall commence upon final execution of the Contract by the City and shall expire two years (2) from the date. The City reserves the right to renew the contract for three (3) additional one (1) year terms providing all terms conditions and specifications remain the same, both parties agree to the extension, and such renewal is approved by the City. In the event services are scheduled to end because of the expiration of this contract, the Contractor shall continue the service upon the request of the City as authorized by the awarding authority. The extension period shall not extend for more than ninety (90) days beyond the expiration date of the existing contract. The Contractor shall be compensated for the service at the rate in effect when this extension clause is invoked by the City. 1.4. INFORMATION/CLARIFICATION/QUESTIONS: For information concerning this RFP contact Anthony Cariveau, Purchasing Director, at 954-757-4177. Such contact is to be for clarification purposes only. Questions related to the solicitation should be submitted through the on-line platform on the City's website. Changes, if any, to the technical specifications or proposal procedures will only be 1 United States Census Bureau. City of Parkland RFP 2021-03 Page 5 transmitted by a written addendum which will be posted and must be acknowledged by Proposer. 1.5. ELIGIBILITY: To be eligible to respond to this competitive solicitation, the proposing firm or principals must demonstrate that they, or the principals assigned to the project, have successfully provided services similar magnitude to those specified in the Scope of Services section of this competitive solicitation to at least one City similar in size and complexity to the City of Parkland or can demonstrate they have the experience with large scale private sector clients and the managerial and financial ability to successfully perform the services. The proposing firm shall also demonstrate the following: (a) The Contractor shall have been continuously engaged in the business of providing Vending Machines Operation and Maintenance to local governments and/or projects of similar size for at least five (5) years. (b) The Contractor has no conflict of interest with regard to any other work performed by the firm for the City of Parkland. (c) No solicitation will be accepted from, nor will any contract be awarded to, any person, who is in arrears to the City of Parkland, upon any debt or contract, or who is a defaulter, as surety or otherwise, upon any obligation to said City, or who is deemed irresponsible or unreliable by the City. 1.6. ❑ BID BOND (Applicable if box checked): 1.6.1. Each Proposal must be accompanied by a certified or cashier's check or by a Bid Bond made payable to the City of Parkland on an approved form, duly executed by the Proposer as principal and having as surety thereon a surety company acceptable to the City and authorized to write such Bid Bond under the laws of the State of Florida, in an amount not less than five percent (5%) of the amount of the Base Bid (including any allowances) exclusive of any bid alternates. The City reserves the right to reject any and all security tendered to the City. 1.6.2. The bid bond of the Successful Proposer will be retained until such Proposer has executed the Contract and furnished the required payment and performance bonds, whereupon the bid bond will be returned. If the Successful Proposer fails to execute and deliver the Contract, provide proof of the required insurance coverage(s) and furnish the required payment and performance Bonds (if applicable), within seven (7) business days of the Notice of Award, City may annul the Notice of Award and the entire sum of the bid bond shall be forfeited. Bid bond will be returned to unsuccessful Proposer upon execution of a Contract with the successful Proposer. The attorney in fact or other officer who signs a Bid Bond for a surety company must file with such a Bond a certified copy of his power of attorney authorizing him to do so. 1.6.3. The bid bond filed with the Proposal shall be forfeited in its entirety to the City as liquidated damages if the Proposer to whom the Contract is awarded fails to execute the Contract Documents within seven (7) business days of the Contract Award. 1.6.4. A copy of the bid bond must be included in the submittal. An original must be received by the City of Parkland before the proposal deadline Once the three City of Parkland RFP 2021-03 Page 6 top ranked firms are shortlisted, those firms that are not on the shortlist must notify the City, within seven (7) business days of the shortlisting, if the firm wants the original bid bond returned. If a firm wants the bid bond returned, the firm must pick it up from the City. 1.7. ❑ PERFORMANCE AND PAYMENT BONDS/IRREVOCABLE LETTER OF CREDIT (Applicable if box checked): 1.7.1. The amount of each payment or performance bond, if required, shall be equal to 100% of the contract price. 1.8. INSURANCE: The successful Vendor shall not commence operations; construction and/or installation of improvements pursuant to the terms of this competitive solicitation and the attached Contract, until certification or proof of the insurance requirements set forth within the attached contract have been received and approved by the Purchasing Agent. Any questions as to the intent of meaning of any part of the insurance requirements set out in the attached contract should be directed to the Purchasing Agent. (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) City of Parkland RFP 2021-03 Page 7 Section 2 - Standard Terms and General Conditions 2.1. SUBMISSION AND RECEIPT OF SOLICITATIONS: To receive consideration, solicitation responses shall be submitted in accordance with this competitive solicitation. Separate solicitations responses must be submitted for each competitive solicitation issued by the City as a separate sealed electronic submittal. Vendors shall use the solicitation forms provided by the City. 2.1.1. The uploaded document(s) must have a signature of the authorized representative of the Vendor. 2.1.1.1. Solicitation responses by corporations must be executed in the corporate name by the President or other corporate officer accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown below the signature. 2.1.1.2. Solicitation responses by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signatures. 2.1.2. All solicitations received from Vendors in response to the competitive solicitation will become the property of the City of Parkland. In the event of Contract award, all documentation produced as part of the Contract shall become the exclusive property of the City. 2.1.3. Any Vendor who wishes its solicitation response to be considered is responsible for making certain that its solicitation response is received by the City by the proper time. No oral, telegraphic, electronic, facsimile, or telephonic solicitation response or modifications will be considered unless specified. It is the responsibility of the Vendor to see that any solicitation response submitted shall have sufficient time to be received by the City before the solicitation submittal deadline. Vendor shall be responsible for ensuring that the required solicitation documents are properly uploaded and accepted by the online procurement site. 2.2. QUALIFICATIONS STATEMENT: 2.2.1. Each Proposer shall complete the Qualifications Statement within the bidding system. The Qualification Statement Part 1, Qualification Statement Part 2 and the Minimum Experience Requirement forms can all be found within the "Specification" step within the bidding system. 2.2.2. The City of Parkland reserves the right to make a pre -award inspection of the Vendor's facilities and equipment prior to award of the Contract. 2.3. PROPOSERS' COSTS: The City shall not be liable for any costs incurred by Proposers in responding to this competitive solicitation. 2.4. SOLICITATION ACCEPTANCE: Vendor warrants by virtue of submitting its solicitation response that its solicitation and City of Parkland RFP 2021-03 Page 8 the prices quoted in the solicitation will be firm for acceptance by the City for a period of ninety (90) days from the date of the competitive solicitation opening unless otherwise stated in the competitive solicitation. Extensions of time when solicitations shall remain open beyond the ninety (90) days period may be made only by mutual written agreement between the City, the successful Vendor, and the surety, if any, for the Successful Vendor. 2.5. NO EXCLUSIVE CONTRACT/ADDITIONAL SERVICES: Vendor agrees and understands that, unless specifically and expressly provided for herein, the Contract shall not be construed as an exclusive arrangement and further agrees that the City may, at any time, secure similar or identical services at its sole option. 2.6. MISTAKES: Vendors are cautioned to examine all terms, conditions, specifications, drawings, exhibits, addenda, delivery instructions, and special conditions pertaining to the competitive solicitation. Failure of the Vendor to examine all pertinent documents shall not entitle the Vendor to any relief from the conditions imposed in the contract and may lead to rejection of the solicitation. 2.7. REJECTION OF SOLICITATIONS: The City reserves the right to accept or reject any or all solicitations, part of solicitations, and to waive minor irregularities or variations to specifications contained in solicitations, and minor irregularities in the solicitation process. 2.8. RESOLUTION OF PROTESTED SOLICITATIONS AND PROPOSED AWARDS: All protests shall be filed and processed as set forth in Section 2-145 of the City Procurement Code. 2.9. LEGAL REQUIREMENTS: 2.9.1. Applicable provisions of all federal, state, and county laws, and local ordinances, rules and regulations, shall govern development, submittal and evaluation of all solicitations received in response hereto and shall govern any and all claims and disputes which may arise between person(s) attaching a solicitation response hereto and the City by and through its officers, employees and authorized representatives, or any other person, natural or otherwise. Lack of knowledge by any Vendor shall not constitute a cognizable defense against the legal effect thereof. 2.9.2. The Legal Advertisement, Notice of Request for Solicitation, Standard Terms and General Conditions, Special Conditions, Specifications, Instructions to Vendors, Exhibits, Addenda and any other pertinent document form a part of this competitive solicitation and by reference are made a part of any response to this competitive solicitation. 2.9.3. Pursuant to Section 838.22(1) Florida Statutes, it is unlawful for a bidder or Vendor to knowingly and intentionally influence or attempt to influence any competitive solicitation of the City of Parkland. City of Parkland RFP 2021-03 Page 9 2.10. BACKGROUND CHECKS: 2.10.1. As per City Ordinance Sec. 2-142.4. — Criminal Background Checks, for any contracts which require a Contractor, subcontractor, consultant or subconsultant to perform work in or on City property where the Contractor or any subcontractors or employees will perform work or services in close proximity to facilities with minors, the elderly or persons with special needs or where the services are of a nature which would reasonably warrant background checks, the Contractor, subcontractor, consultant or sub -consultant who is doing the work in or on City property shall be required to undergo a criminal background check, at the contractor's expense. 2.10.2. All criminal background checks must be conducted prior to any covered individual's initial access to City's property and, depending on the contract's term, on an annual basis thereafter. The Contractor or consultant shall be required to submit an affidavit on the form included with the bid or solicitation documents, certifying that background checks have been completed for all employees as set forth in Section 2-142.4(2) and certify that no employee who has been convicted or who has entered a plea of nolo contendere for any crime set forth within Section 2-142.4(4) shall perform work on City property as referenced above. 2.11. EMPLOYMENT VERIFICATION: The successful Vendor shall comply with Section 448.095, Fla. Stat., "Employment Eligibility," including registration and use of the E -Verify system to verify the work authorization status of employees. Failure to comply with Section 448.095, Fla. Stat. shall result in termination of the contract. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. If this contract is terminated for a violation of the statute by the successful Vendor, the successful Vendor may not be awarded a public contract for a period of one (1) year after the date of termination. All cost(s) incurred to initiate and sustain the aforementioned program shall be the responsibility of the Contractor. Failure to meet this requirement may result in termination of the Agreement by the City. 2.12. PROHIBITION OF INTEREST: No contract will be awarded to a Vendor who has City elected officials, officers or employees affiliated with it, unless the Vendor has fully complied with current Florida State Statutes and City Ordinances relating to this issue. Vendors must disclose any such affiliation. Failure to disclose any such affiliation will result in disqualification of the Vendor and removal of the Vendor from the City's Bidder's List and prohibition from engaging in any business with the City. 2.13. CONFLICT OF INTEREST: 2.13.1. The Vendor covenants that they presently have no interest and shall not acquire any interest, directly or indirectly, which would conflict in any manner or degree with the performance of the services hereunder. The Vendor further covenants that no person having any such known interest shall be employed or conveyed an interest, directly or indirectly, in the contract. 2.13.2. The Vendor represents itself to be an independent firm offering such services to the general public and shall not represent itself or its employees to be employees City of Parkland RFP 2021-03 Page 10 of the City of Parkland. Therefore, the Vendor shall assume all legal and financial responsibility for taxes, FICA, employee fringe benefits, worker's compensation, employee insurance, minimum wage requirements, overtime, and other expenses, and agrees to indemnify, save, and hold the City of Parkland, its officers, agents, and employees, harmless from and against, any and all loss; cost (including attorney fees); and damage of any kind related to such matters. 2.14. NON -CONTINGENT FEE: Vendor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Vendor to solicit or secure the Contract and that it has not paid or agreed to pay any person, company, corporation, individual orfirm, other than a bona fide employee working solely for the Vendor, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making the Contract. For the breach or violation of this provision, the City shall have the right to terminate the Contract without liability at its discretion. 2.15. PUBLIC RECORDS/CONFIDENTIAL INFORMATION: Florida law provides that municipal records shall at all times be open for personal inspection by any person, unless otherwise exempt. Information and materials received by the City in connection with a Vendor's response shall be deemed to be public records subject to public inspection. However, certain exemptions to the public records law are statutorily provided for in Section 119.07, F.S. Section 119.07, F.S. provides an exemption from public records law for sealed bids, solicitations, or replies received by an agency pursuant to a competitive solicitation until such time as the agency provides notice of an intended decision or until thirty (30) days after opening the solicitation or final replies, whichever is earlier. THE CONTRACTOR SHALL COMPLY WITH THE REQUIREMENTS OF CHAPTER 119, FLORIDA STATUTES WITH RESPECT TO ALL PUBLIC RECORDS. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 6600 University Drive Parkland, FL 33067 (954) 757-4132 Cityclerk@Cityofparkland.org SPECIFICALLY, THE CONTRACTOR SHALL: 1. Keep and maintain public records required by the CITY to perform the service. 2. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a City of Parkland RFP 2021-03 Page 11 reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the CITY all public records in possession of the Contractor or keep and maintain public records required by the CITY to perform the service. If the Contractor transfers all public records to the CITY upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. 5. REQUEST FOR RECORDS; NONCOMPLIANCE.— (a) A request to inspect or copy public records relating to a City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the CONSULTANT of the request, and the CONSULTANT must provide the records to the City or allow the records to be inspected or copied within a reasonable time. (b) If a CONSULTANT does not comply with the City's request for records, the City shall enforce the contract provisions in accordance with the contract. (c) A CONSULTANT who fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 119.10. 2.16. RESERVED: 2.17. PUBLIC ENTITY CRIMES INFORMATION STATEMENT: A person or affiliate who has been placed on the convicted Vendor list following a conviction for public entity crime may not submit a bid or solicitation response on a contract to provide any goods or services to a public entity, may not submit a bid or solicitation response on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids or solicitations response on leases of real property to public entity, may not be awarded or perform work as a Vendor, supplier, subcontractor, 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 287.017, for CATEGORY TWO For a period of thirty-six (36) months from the date of being placed on the convicted Vendor list. 2.18. NON -COLLUSIVE AFFIDAVIT: Each Vendor shall complete the Non -Collusive Affidavit Form and shall submit the form with the solicitation. The City considers the failure of the Vendor to submit this document to be a major irregularity and may be cause for rejection of the solicitation. 2.19. SUB -CONTRACTORS: City of Parkland RFP 2021-03 Page 12 If the Vendor proposes to use subcontractors in the course of providing these services to the City, this information shall be a part of the competitive solicitation 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. 2.20. CONE OF SILENCE: A Cone of Silence shall apply as follows: 2.20.1. A Cone of Silence shall be in effect during a Competitive Solicitation beginning upon the advertisement for requests for proposals, requests for qualifications and competitive solicitations. The Cone of Silence shall terminate at the time the City Commission makes final award of the solicitation or gives final approval of a contract, or contract amendment, rejects all solicitations or responses to the Competitive Solicitation, or takes other action, which ends the Competitive Solicitation. The Cone of Silence shall continue through the negotiation phase for requests for proposals and requests for qualifications and shall not end until the Commission gives final approval of the contract. 2.20.2. Any person or entity that seeks a contract, contract amendment, award, recommendation, or approval related to a competitive solicitation or that is subject to being evaluated or having its response evaluated in connection with the competitive solicitation, including a person or entity's representative shall not have any communication with any City Commissioner, the City Manager and their respective support staff or any person or group of persons appointed or designated by the City Commission or the City Manager to evaluate, select, or make a recommendation to the City Commission or the City Manager regarding a Competitive Solicitation. 2.20.3. The Cone of Silence shall not apply to written or oral communications with legal counsel for the City or the Purchasing Agent for the City. 2.20.4. Any action in violation of this section shall be cause for disqualification of the bid or the solicitation. The determination of a violation shall be made by the City Commission. 2.21. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PARTICIPATION: Vendors are advised that the City promotes equal employment opportunity (EEO) and encourages the participation of minority and women business enterprises (M/WBE) as well as small business enterprises (SBE) in all aspects of contracting. Joint venturing at the prime and sub -consultant levels is encouraged where the joint venture results in a more qualified and/or more diverse Vendor. Vendors shall make efforts to maintain no less than fifteen (15) percent DBE participation for contracts over one hundred thousand dollars ($100,000.00). The City will accept certifications from offerors, including their subcontractors identified in their response, as defined and certified by the Florida Department of Management, Office of Supplier Diversity or other certifying organizations or jurisdictions in accordance with Section 287.0943 (1) and (2) Florida Statutes. Any Contractor awarded a contract further agrees that it will abide by any applicable federal or state regulations or requirements regarding DBE participation. 2.22. LOCAL PREFERENCE: City of Parkland RFP 2021-03 Page 13 Except where prohibited by federal, state, or City law, or for projects which the City will seek federal or state funding, the City may grant a preference in the amount of five (5) percent of any bid to the highest, responsive, and responsible local Vendor for bid solicitations where the bid is to be awarded to the highest, responsive, and responsible Vendor without a numerical grading. If said local Vendor is within five (5) percent of the highest, responsive, and responsible bid, then the highest, responsive, responsible local Vendor (as evidenced by a business tax receipt showing business location within the City) shall be permitted to match the highest compensation bid within three (3) business days of notice from the City. For all competitive solicitations in which objective factors are used to numerically evaluate the responses from Vendors by the selection committee, and price is one of several of the criteria for award among otherwise qualified Vendors, where a non -local business is the highest ranked Vendor and the ranking of a local Vendor is within five (5%) of the ranking obtained by the non -local Vendor, the highest ranked local Vendor (within 5%) shall have the opportunity to proceed to negotiations with the City upon approval of such ranking by the City Commission (or staff if the award does not need commission approval). If the purchasing director or designee is unable to negotiate a contract deemed to be acceptable with the highest ranked local Vendor (within 5%), the purchasing director or designee shall report to the City commission which shall either require that the purchasing director or designee continue the negotiations or authorize negotiations with the second ranked firm, whether local or non -local. This section shall not apply to professional services procured pursuant to the State of Florida Consultants Competitive Negotiations Act, nor to cooperative purchasing plans and solicitations that the city participates in with other governmental agencies or "piggyback" purchases. To qualify as a local Vendor, an eligible offeror must satisfy the criteria set forth below. The City has the sole discretion in determining whether a business meets the criteria to qualify for a local business preference and reserves the right to revoke this preference at any time if the City determines the business no longer meets the following criteria: (a) The principal place of business is located in the City of Parkland; and (b) The business has held a valid City business license for at least one (1) year prior to the date of application; and (c) The business maintains its status as a local Vendor throughout the term of the contract; if it fails to do so the contract shall entitle the City, in its sole discretion, to terminate the contract. 2.23. DRUG FREE WORKPLACE (DFW): In accordance with Florida Statute 287.087, whenever two (2) or more solicitations which are equal with respect to price, quality, and service are received by the City for the procurement of commodities or contractual services, a solicitation received from a business that completes the attached DFW form certifying that it is a DFW shall be given preference in the award process. 2.24. COMPLIANCE WITH LAWS: The selected firm, its officers, agents, employees, and Contractors, shall abide by and City of Parkland RFP 2021-03 Page 14 comply with all federal, state, and local laws. It is agreed and understood that if City calls the attention of Contractor to any such violations on the part of the Contractor, its officers, agents, employees, Contractors, then Contractor shall immediately desist from and correct such violation. If Contractor is in violation of any law, Contractor shall be solely responsible for coming into compliance with such law and shall be solely responsible for the payment of any fine charged for such violation. 2.25. CONTRACT/AWARD OF CONTRACT: A sample Contract is made a part of this competitive solicitation. The final Contract shall include any additional terms and conditions as approved by the City Manager and approved as to form and legal sufficiency by the City Attorney. 2.26. AUDIT RIGHTS: The City reserves the right to audit the records of the Successful Vendor at any time during the performance and term of the Contract and for a period of three (3) years after completion and acceptance by the City. If required by the City, the Successful Vendor agrees to submit to an audit by an independent certified public accountant selected by the City. The Successful Vendor shall allow the City to inspect, examine and review the records of the Successful Vendor at any and all times during normal business hours during the term of the Contract. 2.27. VENDOR'S REPRESENTATION: By virtue of its submission of this response to the competitive solicitation, Vendor represents that it has reviewed all information which it has reason to believe is relevant to the making of this solicitation, including any necessary site inspections and field inspections, measurements and visits and that there is no information that it does not possess that it believes is necessary to make a fully informed and accurate solicitation. 2.28. DAMAGE TO PUBLIC OR PRIVATE PROPERTY: 2.28.1. The Contractor shall at all times use all means necessary to protect property. Damage to public and/or private property shall be the responsibility of the Contractor and shall be repaired and/or replaced at no additional cost to the City. 2.28.2. If property (public or private) is damaged while Contractor is performing work specified or while being 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 of Parkland prior to the final acceptance of the work. Contractor will be responsible for applying and securing any permits that may be required to complete such repairs. Such property shall include but not be limited to: existing facilities and all of its components, site amenities, concrete and/or asphalt surfaces, vehicles, structures, sidewalks, curbs and gutters, driveways, utilities, etc. 2.28.3. Contractor must provide protection necessary to prevent damage to property being repaired or replaced. 2.28.4. If the work site has any pre-existing damage, the Contractor shall notify the Public Works/Capital Projects Department in writing. Failure to do so shall obligate the Contractor to make repairs per the above section. City of Parkland RFP 2021-03 Page 15 2.29. ADDITIONAL PROVISIONS: 2.29.1. Correction of solicitations. (a) Mathematical errors - Errors in extension of unit prices or mathematical calculations may be corrected by the Purchasing Agent or designee prior to award. The unit prices shall not be changed. (b) A Vendor shall be permitted to correct clerical, non -judgmental mistakes of fact in their bid by Purchasing Director through a written directive. (c) Voluntary reduction of price—The City may accept a voluntary reduction from a low Vendor after bid opening, if such reduction is not conditioned on, nor results in, the modification or deletion of any condition contained in the invitation for bids. A voluntary reduction may NOT be used to ascertain the lowest responsive Vendor. 2.29.2. Cancellation of solicitations. (a) Any time prior to bid or solicitation opening date and time, the City may cancel or postpone the bid or solicitation opening or cancel the competitive solicitation in its entirety. (b) After bids are open, any or all bids may be rejected by the City. 2.29.3. Withdrawal of solicitations. (a) Any Vendor may voluntarily withdraw or amend their bid at any time prior to the bid opening by providing written notice to the City. Amendments should be forwarded to the Purchasing Director, sealed and identified. (b) After bid opening, Vendors shall not be allowed to withdraw a bid in less than ninety (90) days, or a specific time period stated in the invitation to bid with the following exception—The solicitation response is so outrageous as to be a prima facie evidence of a bid mistake, but a mistake that cannot be corrected by correction of mathematical computation. 2.30. CONTRACT EXPIRATION: In the event services are scheduled to end because of the expiration of this contract, the Vendor shall continue the service upon the request of the Director. The extension period shall not extend for more than ninety (90) day beyond the expiration date of the existing contract. The Contractor shall be compensated for the service at the rate in effect when this extension clause is invoked by the City. 2.31. CANCELLATION FOR UNAPPROPRIATED FUNDS: The obligation of the City for payment to a Contractor is limited to the availability of funds appropriated in the current fiscal period, and continuation of the contract into a subsequent fiscal period is subject to appropriation of funds, unless otherwise authorized by law. 2.32. DEFAULT AND TERMINATION: 2.32.1. Termination For Cause: In the event the Contractor shall default in any of the terms, obligations, restrictions or conditions in the contract documents, the City shall give the City of Parkland RFP 2021-03 Page 16 Contractor written notice by registered, certified mail of the default and that such default shall be corrected or actions taken to correct such default shall be commenced within three (3) calendar days thereof. In the event the Contractor has failed to correct the conditions(s) of the default or the default is not remedied to the satisfaction and approval of the City, the City shall have all legal remedies available to it, including, but not limited to termination of the Contract in which case the Contractor shall be liable for any and all damages permitted by law arising from the default and breach of the contract. 2.32.2. Termination for Convenience: Upon thirty (30) calendar days written notice to the Contractor, the City may without cause and without prejudice to any other right or remedy, terminate the contract for the City's convenience whenever the City determines that such termination is in the best interest of the City. Where the contract is terminated for the convenience of the City the notice of termination to the Contractor must state that the contract is being terminated for the convenience of the City under the termination clause and the extent of termination. The Contractor shall discontinue all work on the appointed last day of service. 2.32.3. Cancellation For Unappropriated Funds: The obligation of the City for payment to a Contractor is limited to the availability of funds appropriated in the current fiscal period, and continuation of the contract into a subsequent fiscal period is subject to appropriation of funds, unless otherwise authorized by law. 2.33. UNCONTROLLABLE CIRCUMSTANCES ("FORCE MAJEURE") The City and Contractor will be excused from the performance of their respective obligations under this agreement when and to the extent that their performance is delayed or prevented by any circumstances beyond their control including, fire, flood, explosion, strikes or other labor disputes, act of God or public emergency, war, riot, civil commotion, malicious damage, act or omission of any governmental authority, delay or failure or shortage of any type of transportation, equipment, or service from a public utility needed for their performance, provided that: 2.33.1. The non performing party gives the other party prompt written notice describing the particulars of the Force Majeure including, but not limited to, the nature of the occurrence and its expected duration, and continues to furnish timely reports with respect thereto during the period of the Force Majeure; 2.33.2. The excuse of performance is of no greater scope and of no longer duration than is required by the Force Majeure; 2.33.3. No obligations of either party that arose before the Force Majeure causing the excuse of performance are excused as a result of the Force Majeure; and 2.33.4. The nonperforming party uses its best efforts to remedy its inability to perform. Notwithstanding the above, performance shall not be excused under this Section for a period in excess of two (2) months, provided that in extenuating circumstances, the City may excuse performance for a longer term. Economic hardship of the Contractor will not constitute Force Majeure. The term of the agreement shall be extended by a period equal to that during which either party's performance is suspended under this Section. City of Parkland RFP 2021-03 Page 17 Section 3 - Evaluation and Selection Criteria 3.1. The following criteria shall be used to evaluate the proposals. With the weight of each criterion to be determined by the City: The proposed evaluation is an initial process designed to elicit a short list of Proposers; with the contract awarded not necessarily to the Proposer with the highest compensation, but rather to the Proposer with the best combination of attributes (i.e., qualifications and experience, technical approach, and compensation), based upon the evaluation factors specifically established for this RFP. The establishment, application and interpretation of the above evaluation criteria shall be solely within the discretion of the City. Proposers should provide all information outlined in the Evaluation Criteria set forth below and in Section 3.1, to be considered responsive. Responses will be evaluated based on the responsiveness of the Proposer's information to the Evaluation Criteria that will demonstrate the Proposer's understanding of the Evaluation Criteria and capacity to perform the required services of this competitive solicitation. The maximum points that shall be awarded for each of the Evaluation Criteria are detailed and described below. The criteria set forth below will be utilized by the City to evaluate each submission received. Award of points will be based on the documentation that the proposer submits within the submission. Each Evaluation Criteria will be rated and assigned points using the scoring guide below. Scoring Guide: Maximum Points 0% of available points - No Response 50% of available points - Marginal 70% of available points - Acceptable 85% of available points - Exceeds Acceptable 100% of available points - Outstanding in all Respects City of Parkland RFP 2021-03 Page 18 Evaluation Criteria — Scoring Guide Maximum Points Technical Proposal 1. Firm Qualifications. See section 5.3.4 (a) 25 2. Management, Supervisory and Staff Experience. See section 5.3.4 (b) 20 3. Methodology including Technical Approach and Understanding the Scope of Services. See section 5.3.4 (c) 20 4. Fee Proposal. See section 5.4 30 5. Minority Participation (DBE) . See Section 5.5 5 Total Maximum Points 100 City of Parkland RFP 2021-03 Page 18 3.2. CONSIDERATION FOR AWARD/AWARD PROCEDURES: Evaluation of the Proposals will be conducted by an Evaluation Committee "(Committee)" of qualified City Staff, or other persons selected by the City Manager or his/her designee. The Committee will evaluate all responsive Proposals received from Proposers who meet or exceed the requirements contained in the RFQ based upon the information and references contained in the Proposals as submitted. The Committee shall then short list no less than three (3) Proposals, assuming that three Proposals have been received, that it deems best satisfy the selection criteria contained in 3.1 above. 3.2.1. The Committee may conduct interviews with the shortlisted Proposers and rank the shortlisted Proposers in accordance with the selection criteria contained below. 3.2.2. The City may require visits to the Proposer's facilities to inspect record keeping procedures, staff, facilities and equipment as part of the evaluation process. The City reserves the right to award the contract to that Proposer who will best serve the interest of the City. The City reserves the right, based upon its deliberations and in its opinion, to accept or reject any or all Proposals. The City also reserves the right to waive minor irregularities or variations to the specifications and in the proposal process. 3.2.3. The Evaluation Committee's findings and rankings will be reviewed by the City Commission which shall then make its determination. The recommendations of the Evaluation Committee shall be advisory only. The City Commission may adopt the ranking of the Committee and authorize a contract with the number one ranked firm or, use the evaluation criteria to re -rank the short listed firms and authorize a contract to the firm it ranks as number one or negotiations with the City Manager depending upon which option is checked below. ❑ The Contract shall be in substantially the same form as attached hereto with any revisions approved by the City Attorney. ❑ Contract negotiations may be initiated with the highest ranked firm. Should the City Manager or designee be unable to come to terms with the highest ranked firm, the next highest ranked firm will be contacted and negotiations begun with the next highest ranked firm. The final Contract must be approved by the City Commission. 3.2.4. The Purchasing Director may adopt the ranking of the Committee and authorize a contract to the firm it ranks number one if the proposal received is under fifty thousand Dollars ($50,000.00). In such case the adopted ranking shall be final and the process for a final contract shall be undertaken and completed by the City. 3.2.5. After award of the contract, the Contractor shall be instructed to commence the Work by written instruction in the form of a Purchase Order issued by the Purchasing Division and a Notice to Proceed issued by the Contract Administrator. The first Notice to Proceed and Purchase Order will not be issued until Proposer/Contractor's submission to City of all required documents and after execution of the Contract by both parties. City of Parkland RFP 2021-03 Page 19 3.2.6. No Proposal will be accepted from, nor will any contract be awarded to, any person, who is in arrears to the City of Parkland, upon any debt or contract, or who is a defaulter, as surety or otherwise, upon any obligation to said City, or who is deemed irresponsible or unreliable by the City. 3.2.7. City reserves the right to consider a Proposer's financial stability and history of citations and/or violations of environmental regulations in determining a Proposer's responsibility, and further reserves the right to declare a Proposer not responsible if (in the opinion of the City) the Proposer has insufficient financial resources to construct the project or whose history of violations warrant such determination. Proposer shall submit with the Proposal, a complete financial disclosure and history of all citations and/or violations, notices and dispositions thereof. The non -submission of any such documentation shall be deemed to be an affirmation by the Proposer that there are no citations or violations. Proposer shall notify City immediately of notice of any citation or violation, which Proposer may receive after the Bid opening date and during the time of performance of any contract awarded to Proposer. 3.2.8. The City requires submittal of at least five (5) references from the Contractor and applicable Subcontractors to be submitted with the Proposal opening (References must include name, job title, telephone number and email address of contact person(s). (a) Business Trade References (b) Bank References (c) Other Governmental Agencies where you have been pre -qualified. Indicate trades and dollar amounts. (d) Relevant Experience [Minimum of three (3) references which demonstrate experience as a Contractor for work of a similar scope performed in Florida in the last three (3) years]. 3.2.9. The award of this proposal shall be to the proposer found by the City to be the most qualified responsible proposer meeting or exceeding the criteria set for award in the proposal document. Other considerations) of award may be local business status, MBE status and similar projects in scope and size, references, and equipment list. Any unfavorable references may be cause to deem proposer non-responsive. 3.2.10. The City reserves the right to reject the proposal of any proposer who has previously failed to perform properly, or on time, contracts of similar nature; or who is not in a position to satisfactorily perform the contract. 3.3. EXAMINATION OF CONTRACT DOCUMENTS & SITE: Before submitting a Proposal, each Proposer must: (a) Examine the Proposal documents thoroughly. (b) Consider federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress, performance, or provision, of the goods and/or services. (c) Fully and thoroughly inspect the site of the proposed work. (d) Thoroughly inspect and review the master plan and conduct all site examinations deemed necessary to submit an accurate Proposal, available at City Hall. City of Parkland RFP 2021-03 Page 20 (e) Study and carefully correlate Proposer' observations with the Proposal Documents. (f) Notify in writing City's designated employee of all conflicts, errors, irregularities, or discrepancies in the Proposal Documents. (g) Submit a written statement to the City acknowledging the Contractor's understanding of the current site conditions and work which has been completed or is in progress on the site. The submission of a Proposal will constitute an incontrovertible representation by Proposer that Proposer has complied with every requirement of this Section, that without exception the Proposal is premised upon performing the services and/or furnishing the goods and materials and such means, methods, techniques, sequences or procedures as may be indicated in or required by the Proposal Documents, and that the Proposal Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions of performance, all site conditions and furnishing of the goods and/or services. (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) City of Parkland RFP 2021-03 Page 21 Section 4 - Special Conditions 4.1. ❑ TIME FOR COMPLETION/ LIQUIDATED DAMAGES (Applicable if box checked): See Specifications and Proposal Requirements Section. Because damages will be difficult to ascertain, liquidated damages of $ per day will be deducted from the Contract sum for each regular work day the Contractor does not perform significant services. The Contractor will make every attempt to supply the awarded services within the time frame(s) requested. Liquidated damages are hereby fixed and agreed upon by the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by City as a consequence of such delay, and both parties desiring to obviate any question or dispute concerning the amount of said damages and the cost and effect of the failure of Contractor to complete the services within the applicable Time and Performance. 4.2. ❑ COUNTY/STATE LICENSE REQUIREMENTS (Applicable if box checked): Proposer shall be licensed and qualified to do business in its area of expertise and shall submit copies of all applicable licenses/certifications with their Proposal. The successful Proposer will be required to maintain the appropriate licenses and certificates throughout the term of the contract. Any proposal that is submitted by a Proposer who is not properly licensed/certified at the time the proposal is submitted may be rejected as non- responsive. 4.3 INDEMNIFICATION: Contractor shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend City, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by intentional or negligent act of, or omission of, Contractor, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Contract including, without limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against City by reason of any such claim, cause of action or demand, Contractor shall, upon written notice from City, resist and defend such lawsuit or proceeding by counsel satisfactory to City or, at City's option, pay for an attorney selected by City Attorney to defend City. The provisions and obligations of this section shall survive the expiration or earlier termination of this contract. To the extent considered necessary by the Contract Administrator and the City Attorney, any sums due Contractor under this Contract may be retained by City until all of City's claims for indemnification pursuant to this Contract have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by City. Nothing in this competitive solicitation shall be deemed a waiver or limitation of any sovereign immunity provided by law or any limitation of the City's liability in any statute or as otherwise provided by law. City of Parkland RFP 2021-03 Page 22 4.4. ❑ BID BOND (Applicable if box checked): 4.4.1. A scan or copy of the original Bid Bond must be submitted with your electronic Proposal. However, the original (raised seal/thicker stock) paper must be received by U.S. Mail, air, ground courier services, by messenger service; or in person to the address shown below BEFORE the due date of the RFP outlined above. Failure to provide the original Bid Bond prior to the Bid opening WILL result in your Bid being deemed non-responsive. Bid # - Project Name Outlined Above Purchasing Department 6600 University Drive Parkland, FL 33067 4.4.2. Each Proposal must be accompanied by a certified or cashier's check or by a Bid Bond made payable to the City of Parkland on an approved form, duly executed by the Proposer as principal and having as surety thereon a surety company acceptable to the City and authorized to write such Bid Bond under the laws of the State of Florida, in an amount not less than five percent (5%) of the amount of the Base Bid (including any allowances) exclusive of any Proposal alternates. The City reserves the right to reject any and all security tendered to the City. 4.4.3. The Proposal bond of the Successful Proposer will be retained until such Proposer has executed the Contract and furnished the required payment and performance bonds, whereupon the Proposal bond will be returned. If the Successful Proposer fails to execute and deliver the Contract, provide proof of the required insurance coverage(s) and furnish the required payment and performance Bonds (if applicable) within seven (7) business days of the Notice of Award, City may annul the Notice of Award and the entire sum of the Proposal bond shall be forfeited. Bid bond will be returned to unsuccessful Proposer upon execution of a Contract with the successful Proposer. The attorney in fact or other officer who signs a Bid Bond for a surety company must file with such a Bond a certified copy of his power of attorney authorizing him to do so. 4.4.4. The bid bond filed with the Bid shall be forfeited in its entirety to the City as liquidated damages if the Proposer to whom the Contract is awarded fails to execute the Contract Documents within seven (7) business days of the Contract Award. 4.4.5. Once the notice to award has been issued, those firms that are not recommended for award must notify the City, within seven (7) business days of the Notice, if the firm wants the original bid bond returned. If a firm wants the bid bond returned, the firm must pick it up from the City. 4.5. ❑ PERFORMANCE AND PAYMENT BONDS/IRREVOCABLE LETTER OF CREDIT (Applicable if box checked): 4.5.1. The amount of each payment or performance bond, if required, shall be equal to City of Parkland RFP 2021-03 Page 23 100% of the contract price. 4.5.2. Failure of the successful Proposer to execute a Contract, file any required Performance and Payment Bonds, and furnish evidence of appropriate insurance coverage's (including evidence of workers compensation coverage if required by this RFP within seven (7) business days after written notice of award has been given, shall be just cause for the annulment of the award and the forfeiture of the bid bond to the City, which forfeiture shall be considered, not as a penalty, but as liquidation of damages sustained. 4.5.3. Within seven (7) business days after the Contract Award or prior to commencement of any work, whichever is sooner, the Successful Proposer shall execute and furnish to City a performance bond and a payment bond, each written by a corporate surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. The surety shall hold a current certificate of authority from the Secretary of Treasury of the United States as an acceptable surety on federal bonds in accordance with United States Department of Treasury Circular No. 570. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the surety company shall not exceed the underwriting limitation in the circular and the excess risks must be protected by coinsurance, reinsurance, or other methods, in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR, Section 223.10, Section 223.11). Further, the surety company shall provide City with evidence satisfactory to City, that such excess risk has been protected in an acceptable manner. The surety company shall have at least the following minimum qualifications in accordance with the latest edition of A.M. Best's Insurance Guide, published by Alfred M. Best Company, Inc., Ambest Road, Oldwick, New Jersey 08858: Financial Stability - A Financial Size - Vlll 4.5.4. Two (2) separate bonds are required and both must be approved by the City. The penal sum stated in each bond shall be the amount equal to the total amount payable under the terms of the contract. The performance bond shall be conditioned that the Successful Proposer perform the contract in the time and manner prescribed in the contract. The payment bond shall be conditioned that the Successful Proposer promptly make payments to all persons who supply the Successful Proposer with labor, materials and supplies used directly or indirectly by the Successful Proposer in the prosecution of the work provided for in the contract and shall provide that the surety shall pay the same in the amount not exceeding the sum provided in such bonds, together with interest at the maximum rate allowed by law; and that they shall indemnify and save harmless the City to the extent of any and all payments in connection with the carrying out of said contract which the City may be required to make under the law. The bond shall insure payment of laborers, material suppliers, and subcontractors and the timely completion of the project and be in a form acceptable to the City. City of Parkland RFP 2021-03 Page 24 4.5.5. Such bonds shall continue in effect for one (1) year after final payment becomes due except as otherwise provided by law or regulation or by the Contract Documents with the final sum of said bonds reduced after final payment to an amount equal to twenty five percent (25%) of the Contract Price, or an additional bond shall be conditioned that the Successful Proposer correct any defective or faulty work or material which appear within one (1) year after final completion of the Contract, upon notification by City. ALL BONDS MUST BE APPROVED BY THE CITY ATTORNEY. 4.5.6. Failure of the successful Proposer to execute a Contract, file any required Performance and Payment Bonds shall be just cause for the annulment of the award and the forfeiture of the RFP security to the City, which forfeiture shall be considered, not as a penalty, but as liquidation of damages sustained. 4.6 INSURANCE (Applicable if box checked): 0 To ensure the indemnification obligation contained above, Contractor shall, at a minimum, provide, pay for, and maintain in force at all times during the term of this Contract (unless otherwise provided), the insurance coverages Section. Each insurance policy shall clearly identify the foregoing indemnification as insured. 0 Such policy or policies shall be without any deductible amount unless otherwise noted in this Contract and shall be issued by approved companies of process may be made in Broward County, Florida. 0 Contractor shall pay all deductible amounts, if any. 0 Contractor shall specifically protect City by naming the City of Parkland and its Officers, Agents, Employees and Commission Members as additional insured under the Commercial Liability Policy as well as on any Excess Liability Policy coverage. ® Commercial Liability Insurance. A Commercial Liability Insurance Policy shall be provided which shall contain minimum limits of one million Dollars ($1,000,000.00) per occurrence combined single limit for bodily injury liability and property damage liability and shall contain minimum limits of two million Dollars ($2,000,000.00) per aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Commercial Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: • Premises and/or operations. • Independent Contractors. • Products and/or Completed Operations for contracts. • Broad Form Property Damage City of Parkland RFP 2021-03 Page 25 • Broad Form Contractual Coverage applicable to this specific Contract, includ- ing any hold harmless and/or indemnification Contract. • 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. ❑X Business Automobile Liability. Business Automobile Liability shall be provided with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: • Owned Vehicles, if applicable. • Hired and Non -Owned Vehicles, if applicable. • Employers' Non -Ownership, if applicable. ❑x Workers' Compensation Insurance. Workers' Compensation insurance to apply for all employees in compliance with Chapter 440, Florida Statutes, as may be amended from time to time, the "Workers' Compensation Law" of the State of Florida, and all applicable federal laws. In addition, the policy (s) must include: Employers' Liability with a limit of One Hundred Thousand Dollars ($100,000.00) each accident. ❑ Errors and Omissions Liability/ Professional Liability. Errors and Omissions Liability insurance Policy shall be provided which contains minimum coverage limits of five hundred thousand ($500,000.00) each occurrence © Contractor shall furnish to City's Purchasing Department a Certificate of Insurance or endorsements evidencing the insurance coverage specified by this Section within seven (7) business days after notification of award of the Contract. The required Certificates of Insurance shall name the types of policies provided, refer specifically to this Contract, and state that such insurance is as required by this Contract. Contractor's failure to provide to City the Certificates of Insurance or endorsements evidencing the insurance coverage within seven (7) business days shall provide the basis for the termination of the Contract. ❑X The certificate provided for the City of Parkland must cite the City of Parkland as an additional insured. Thirty (30) business days written notice must be provided to the City via Certified Mail in the event of cancellation. The City shall receive current copies of the certificate of insurance. City of Parkland RFP 2021-03 Page 26 ® Coverage is not to cease and is to remain in force (subject to cancellation notice) until all performance required of Contractor is completed. All policies must be endorsed to provide City with at least thirty (30) days' notice of expiration, cancellation and/or restriction. If any of the insurance coverages will expire prior to the completion of the work, copies of renewal policies shall be furnished at least thirty (30) days prior to the date of their expiration. 0 City reserves the right to review and revise any insurance requirements at the time of renewal or amendment of this Contract, including, but not limited to, deductibles, limits, coverage, and endorsements based on insurance market conditions affecting the availability or affordability of coverage, or changes in the scope of work or specifications that affect the applicability of coverage. If Contractor uses a subcontractor, Contractor shall ensure that subcontractor names City as an additional insured. The required insurance coverage shall be issued by an insurance company authorized and licensed to do business in the State of Florida, with the following minimum qualifications in accordance with the latest edition of A.M. Best's Insurance Guide: Financial Stability - A Financial Size - VIII All required insurance policies shall preclude any underwriter's rights of recovery or subrogation against City with the express intention of the parties being that the required insurance coverage protect both parties as the primary coverage for any and all losses covered by the above described insurance. The Successful Proposer shall ensure that any company issuing insurance to cover the requirements contained in this Contract agrees that they shall have no recourse against City for payment or assessments in any form on any policy of insurance. The clauses "other Insurance Provisions" and "Insurers Duties in the Event of an Occurrence, Claim or Suit" as it appears in any policy of insurance in which City is named as an additional named insured shall not apply to City. City shall provide written notice of occurrence within fifteen (15) working days of City's actual notice of such an event. The Successful Proposer shall not commence work under the Contract until after he has obtained all of the minimum insurance herein described. The Successful Proposer agrees to perform the work under the Contract as an independent contractor, and not as a sub -contractor, agent or employee of City. 4.7 SCRUTINIZED COMPANIES: (a) Contractor certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the City may immediately terminate this Agreement at its sole option if the Contractor or its subcontractors are found to have submitted a false certification; or if the Contractor, or its subcontractors are placed on the Scrutinized Companies that City of Parkland RFP 2021-03 Page 27 Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. (b) If this agreement is for more than one million dollars, the Contractor certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the City may immediately terminate this Agreement at its sole option if the Contractor , its affiliates, or its subcontractors are found to have submitted a false certification; or if the Contractor, its affiliates, or its subcontractors are placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. (c) The Contractor agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under this Agreement. (d) As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize the above -stated contracting prohibitions then they shall become inoperative. 4.8 SUBMISSION OF COMPLETED AND SIGNED FORMS: All completed and signed form(s) should be returned with the Vendor's submittal. If not provided with submittal, the Vendor must submit within three (3) business days of City's request. Vendor may be deemed non-responsive for failure to fully comply within stated timeframes. (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) City of Parkland RFP 2021-03 Page 28 Section 5 - Specifications and Proposal Requirements 5.1. PURPOSE: The City of Parkland, Florida ("City") herby is requesting proposals from qualified and experienced firms for the Vending Machines Operation and Maintenance at various locations throughout the City, in accordance with the terms, conditions, and specifications contained in this Request for Proposal (RFP). The firm shall have the capacity to expand as needed to additional facilities as needed by the city. Upon the City Commissions ratification of the Selection Committee's rankings the City will enter into an agreement subject to the approval of the City Manager in his or her sole discretion (the "Agreement"), and approved as to form and legality by the City Attorney, with the selected Contractor to operate vending machines at the specified locations, subject to the terms and conditions of the Agreement (the "Services"). It is the City's intent and the purpose of these specifications to secure a qualified firm to manage and operate vending machines at City facilities, which includes the sale of prepackaged food and beverages on behalf of the City. Proposers are not permitted to subcontract in whole or in part any portion of service or services. The successful proposer must be an independent Contractor and the individual(s) assigned to work for the City by the Proposer shall be subject to the approval of the City and will not be City employee(s). The project site is located throughout the City of Parkland. Access to some of these sites is not restricted. Proposers are strongly urged to visit the site prior to submitting a proposal to confirm existing conditions that may affect the proposer's estimate and work. It will be the sole responsibility of the vendor to inspect the City's facilities and systems prior to submitting a proposal. No modification or any changes will be allowed in the pricing because of the failure of the vendor to have visited the City's facilities. To make arrangements for site inspections, contact the designated City of Parkland staff or its designee. Submission of a proposal will be construed that proposer is acquainted sufficiently with the services to be performed. 5.2. SCOPE OF SERVICES: To provide Vending Machine Services which includes, but is not limited to, furnishing, installing, maintaining, servicing, repairing and/or replacing and stocking automatic vending machines for dispensing non-alcoholic beverages, food, food products, candy and other vending items the City may designate from time to time on an as needed basis. The selected Contractor shall have the ability to perform and carry out in a professional manner the services necessary to complete the assigned services: 5.2.1. LICENSE RIGHTS: (a) The City grants to the successful Contractor the non-exclusive right to providing vending machine services as contemplated herein. City of Parkland RFP 2021-03 Page 29 (b) The successful Contractor shall reference Attachment "A" for the facilities, location of machines and amount/type of machines requested. (c) During the term of the Agreement(s) awarded pursuant to this RFP, the City may, from time to time, identify facilities owned or leased by the City, for which it requires food and/or beverages vending machines. A list of facilities in which such machines are installed is attached hereto as Attachment "A"; the City may add to, and delete from, this list as it sees fit, at its sole discretion. (d) Successful Contractor shall provide additional services to the City as determined by the City Manager or his/her designee and that are mutually agreeable by both parties. (e) The successful Contractor shall not subcontract any services or rights in this agreement without the written consent of the City Manager, or designee. 5.2.2. LICENSE FEE: (a) The City shall assess a 10% late fee on payments not received within ten (10) calendar days after the end of the previous payment periods. The successful Contractor will be assessed an additional 10% late fee on payments not received within thirty (30) days after the end of the previous payment period. (b) The successful Contractor shall generate and attach a gross sales report for every vending machine covered under this contract when submitting payment to the City. This report shall be a direct print out of vending machine management software. (c) Vendor must collect all machine revenues; keep accurate accounting records, inventory controls, and records of all vending machine services covered by this proposal. (d) Vendor shall submit a cumulative monthly report of gross sales, by location, by machine. A commission log of all monthly transactions for each location under contract shall be reported on an Excel spreadsheet. Format must be approved prior to award (submitted to designated City of Parkland staff within five (5) business days of request). The report should include the following information: i. Machine number or identification ii. Category of Vending - Beverage (Bottle or Can), Snack or Combo etc. iii. Starting and Ending Machine Counter numbers by Category. iv. Total Units sold monthly by category. V. Gross sales by category. vi. Amount due to City. vii. These reports may be transmitted electronically via e-mail or hard copy. A sample of the reports should be submitted with the proposal for informational purposes only. (e) Records must conform to generally accepted accounting principles (GAAP) as promulgated by the American Institute of Certified Public Accountants. City of Parkland RFP 2021-03 Page 30 Violation of this procedure may result in re -procurement charges, restitution, and/or termination. (f) Note: City reserves the right to contact vendor for random audits on the reporting of meter reading on any machine. 5.2.3. FACILITIES: a.) The successful Contractor and a designated City of Parkland staff member will conduct a facility inspection prior to successful Contractor occupancy. The successful Contractor shall not display or affix any signs on or about the facility without first obtaining the advance written approval of the City Manager or designee. b.) Successful Contractor shall be responsible for any improvements at any facility necessary to allow for installation of vending machines. The successful Contractor shall be responsible for any required permitting; the City will not waive any fees. Any improvements must be previously approved by the City Manager or designee. 5.2.4. VENDING MANAGER: (a) The successful Contractor shall designate a "Vending Manager" who shall be responsible for all the work to be performed by the successful Contractor under this Contract and shall serve as the point of contact. The successful Contractor must provide to the City a copy of the selected Vending Manager's resume and qualifications as part of their proposal. The selection of the Vending Manager must be approved by City's Representative. (b) The Vending Manager needs to be a certified vending machine manager pursuant to the requirements set forth by the state of Florida Department of Health. 5.2.5. VENDING MACHINES AND EQUIPMENT: (a) The successful Contractor shall furnish, install, maintain, and secure high quality vending machines. The vending machines shall be of the latest mechanical/electronic technology and be in new or near new condition. The location of all vending machines is subject to approval by the City. The City may reject machines at any time for functional or aesthetic deficiencies. (b) All costs of the vending machine delivery, setup, service, maintenance, repair, replacement, and removal of machines are to be borne by vendor. (c) Vendor must coordinate the installation of equipment for each location before delivery with the designated City of Parkland staff. (d) Equipment shall be secured to provide for safe, secure operation and to prevent tipping or shifting, including cages for outside locations as necessary. Vendor is to provide and maintain cages for outside locations. (e) Machines must be removed within three (3) business days of notification of ADA compliance and/or building/safety issue. See Section on ADA Compliance for machines. City of Parkland RFP 2021-03 Page 31 (f) Equipment should be delivered, installed and operational at all awarded locations within a period of thirty (30) to forty-five (45) calendar days after notification of award. Individual location installations should be scheduled with designated City of Parkland staff to ensure removal of previous equipment and area is free and clear. Additional machines/locations added after initial award should be delivered, installed, operational no later than sixty (60) calendar days after notice from approval from the City. (g) At the time of termination or expiration of the contract, the vendor shall remove all vending machines installed by its company, without damage to the building and property, within thirty (30) calendar days of request and shall restore in good order and condition those areas utilized for these operations. Removal will be scheduled with designated City of Parkland staff. This removal shall be at no cost to the City. Vendor shall be solely financially responsible for any damage caused by vendor to City property during installation or removal of equipment. (h) Energy efficient machines should be supplied with the "Energy Star" label or approved equivalent for each vending machine. Vendor may attach an energy saving device and provide documentation before installation. Any energy device will be installed at the vendor's expense. (i) All vending machines furnished shall be equipped with thermal overload protection. In addition, all machines shall be equipped with all necessary safety devices, which shall be maintained in operating condition at all times. (j) All equipment should be marked appropriately in accordance with Florida Statute 212.0515, Sales from Vending Machines. (k) All machines shall remain the property and responsibility of the vendor. (1) Vendors should furnish the manufacturer and model of all equipment proposal, including specification or capacity, and variety of product to be dispensed. Technical data, including pictures, should be included as part of proposal submittal. (m) The successful Contractor shall furnish snack and/or beverage vending machines to each facility as described in Attachment "A" (n) All vending machines shall be capable of accepting debit and credit cards along with traditional forms of payment (cash and coins). The machines shall have the ability to make change and contain dollar bill valuators. All machines shall have the ability to accept $1.00 and $5.00 U.S. currency and various coins and dispense change for vended products. Machines may also offer cashless purchasing (credit card) or mobile purchasing. The successful Contractor understands that the City will NOT provide Internet access. It is the successful Contractor's responsibility to ensure machines that process debit and credit payments do so wirelessly. (o) All vending machines shall display the successful Contractor's name, a local service telephone number and e-mail address/web application for reporting vending machine malfunctions, the person or office within the City of Parkland RFP 2021-03 Page 32 successful Contractor's organization responsible for refunds and for restocking vending machines. Each vending machine shall have a serial or identification number that is visible and easily located. This information shall be prominently displayed near the methods of payment in typeface not smaller than 12 point. (p) The vending machines provided must be of adequate size and capacity to maintain full and uninterrupted service. Vending machines shall be capable of holding and dispensing a variety of snack and beverage products and sizes. The vending machines will vend suitable packaging customarily used to dispense snacks and beverages. (q) All vending machines shall be equipped with non-resettable counters that indicate unit sales. A monthly sales report using these numbers shall be reported monthly to the City. (r) All vending machines shall be designed, constructed, installed, and operated in accordance with local, state, and national codes and regulations as applicable, including, but not limited to any FDA caloric disclosure requirements. (s) The machines will be aesthetically acceptable to the City. The City may reject machine signage or logos if deemed objectionable or a distraction to the activities occurring on City property. 5.2.6. PRICING: (a) All vending machines, their contents, and prices are subject to approval by the City Manager or designee. (b) The successful Contractor shall satisfy demand at competitive prices comparable with the prices charged for food and beverages at other public parks in the area. The successful Contractor agrees that the level of services in the proposal cannot change without the City's approval. (c) The successful Contractor shall pay sales taxes or provide the City with proof of collection and remittance of sales taxes to the State of Florida on a monthly basis. 5.2.7. MAINTENANCE/REPAIR OF MACHINES: (a) All equipment installation shall adhere to current safety codes of the City. (b) City will provide electrical hook-ups and utility service for normal operation of equipment. Any electrical problems should be reported to designated City of Parkland staff immediately. (c) For repairs and malfunctions, vendors) should be on-site within four (4) business hours from placing of call. Inoperable vending machines that are not easily repaired on-site are to be substituted for a clean, fully operational replacement machine within two (2) business days. Replacement machine must be equal or of better quality. Replacement machines are subject to inspection and acceptance by designated City of Parkland staff. (d) Vendor agrees to provide and maintain an adequate supply of merchandise for dispensing in equipment at all times. Stock outs will be a measure of contract performance. City will make all efforts to give City of Parkland RFP 2021-03 Page 33 adequate notice and advise vendor of conditions that would impact stock, such as heavy seasonal park usage and/or before and during scheduled special events. (e) Vendor shall maintain a record of all equipment breakdowns by machine number, location, time, and date of breakdown when discovered or reported, nature of breakdown and time and date, each machine is repaired. This record shall be available to the City upon request. (f) Vendor must supply fresh stock only and shall ensure that all items are regularly rotated. (g) ABSOLUTELY NO EXPIRED PRODUCTS ARE ALLOWED. Providing expired products will result in default of contract and all ensuring liabilities. 5.2.8. PRODUCTS: (a) For snacks, the successful Contractor shall provide products that include a variety of snacks including, but not limited to, snack bars, cookies, chips, candy, gum, and other products customarily dispensed through such equipment, subject to the terms and restrictions of this section. For beverages, the successful Contractor shall provide beverages including, but not limited to, a variety of carbonated soft drinks and non -carbonated beverages including, but not limited to, fruit juice drinks or fruit juice - based products, bottled water, tea -based products, pre-packaged coffee products, and sports drinks, subject to the terms and restrictions of this section. This shall include healthy snacks and beverages. (b) Once the City has approved the initial product line offered, the successful Contractor will be allowed to add or delete products with prior written approval from the City, subject to the terms and restrictions of this section. Such consent shall not be unreasonably withheld. The City reserves the right to request that a product, or products, be replaced at any time and for any reason. (c) It is requested but not required that the successful Contractor provide a separate machine at Barkland Dog Park that dispenses dog friendly food items and/or merchandise. The successful Contractor may submit items on their proposed list of sale items to satisfy this demand. These items do not have to meet any of the nutritional guidelines established herein. (d) As part of this RFP, the successful Contractor shall submit a proposed list of items that will be sold in vending machines with each respective item's proposed pricing. Pricing for these items shall be fixed throughout the duration of the awarded contract unless pricing changes are approved by the City. (e) Successful Contractor shall not sell or distribute any glass bottles or containers. (f) Vending machines shall be limited to the sale of prepackaged foods and nonalcoholic beverages. (g) No alcohol products shall be sold, offered or given away by Vendor on City property. (h) The City reserves the right to request changes in products offered, in its best interests. The vendor shall endeavor to accommodate the City's City of Parkland RFP 2021-03 Page 34 requests or provide justification for rejection. All product change requests would be subject to prior agreement and approval in writing by the designated City of Parkland staff. 5.2.9. NUTRITIONAL GUIDELINES: (a) It shall be required that at least 50 percent (50%) of foods offered for sale meet the following nutritional requirements: i. Not more than 35 percent (35%) of its total calories shall be from fat. ii. Not more than 10 percent (10%) of its total calories shall be from saturated fat. iii. Not more than 35 percent (35%) of its total weight shall be composed of sugar, including naturally occurring and added sugar. iv. (Not more than 175 calories per individual food item. (b) It shall be required that at least 50 percent (50%) of beverages offered for sale meet the following nutritional requirements: i. Fruit -based drinks that are composed of no less than 50 percent (50%) fruit juice and that have no added sweeteners. ii. Drinking water. iii. Electrolyte replacement beverages that do not contain more than 42 grams of added sweetener per 20 ounce serving. (c) "Added sweetener" means any additive other than 100 percent (100%) fruit juice that enhances the sweetness of a beverage. (d) The price for foods and beverages conforming with the above sections shall not exceed comparable nonconforming products by more than a maximum of 10 percent (10%). 5.2.10. STAFFING: (a) Staff must be clean, groomed, and in uniform while on City property. Staff shall not smoke or consume alcohol in the Parks. (b) All vendor staff servicing machines must be appropriately dressed and properly uniformed, with company name and logo clearly visible. (c) The City may require the successful Contractor conduct a Class 2 criminal background check on all employees that will perform work at City facilities once every calendar year. Successful Contractor shall submit the results of criminal background check prior any new employees commencing work at City facilities. (d) The successful Contractor agrees that it will properly train and supervise all employees and ensure compliance with the City's Drug Free Workplace policy. The successful Contractor's employees shall be courteous and shall be neat and sanitary and not pose a health threat or risk to the public. (e) The successful Contractor's employees shall refrain from using profane, indecent, or obscene language and gestures at City facilities. (f) The City reserves the right to bar any of the successful Contractor's employees from performing work at City facilities for not meeting the City of Parkland RFP 2021-03 Page 35 guidelines established herein. The City shall document these requests in writing and submit to the on-site supervisor. 5.2.11. OPERATIONS: (a) Routine maintenance and restocking activities must be conducted at City facilities between the hours of 8 a.m. and 4:00 p.m., Monday through Friday. Service calls requested by the City shall be conducted during regular operating hours at City facilities and completed within 24 hours. Maintenance must include periodic preventive and routine maintenance. The continuous, uninterrupted, satisfactory operation of these machines is a vital factor, and the vendor's performance in maintaining this operation will be monitored. (b) The City reserves the right to charge the successful Contractor liquidated damages of $25 per day if the successful Contractor fails to meet these obligation: i. Successful Contractor shall check and fill vending machines twice a week, once Monday and a second time on Fridays, to ensure they are fully stocked and operational. ii. Successful Contractor will address a service call within one (1) day, seven (7) days a week. (c) A report as a result of the audit will notify the successful Contractor of condition needing correction or improvement. In the event, the successful Contractor is deficient in three (3) audits during the term of the agreement, the City may declare the successful Contractor in default of the terms and may terminate the agreement with ten (10) day written notice. (d) The successful Contractor agrees that it will be responsible for the installation, maintenance, repair and all costs associated therewith for any equipment that the successful Contractor desires to place into the Concession, as may be permitted under this Agreement. The City will have no responsibility for the cost of installation, maintenance, repair or any other costs related to any equipment placed into the Concession by the successful Contractor. The City will have no responsibility to obtain any permits that may be required in connection with the installation, maintenance or repair of any equipment placed in the Concession. (e) The successful Contractor shall be responsible for inspecting the condition of the vending machines and equipment at City facilities. (f) The successful Contractor shall not commit nor permit any violations of applicable federal, state, county and municipal laws, ordinances, resolutions and governmental rules, regulations and orders, as may be in effect now or at any time during the term of this Agreement, all as may be amended, which are applicable to the City and the successful Contractor. The successful Contractor, at the successful Contractor's expense, shall be responsible for obtaining all required food licenses and permits relevant to the operation of the vending machines. (g) The successful Contractor agrees to use a point of sale system approved by the City. The City shall have access to this point of sale system. The City of Parkland RFP 2021-03 Page 36 successful Contractor will keep accurate and complete records of all revenue and expenses in connection with the operation of the vending machines. Such revenue and expenses will be supported by cash register tapes, invoices, sales slips bills, vouchers, payroll records, purchase orders and other pertinent records that, under recognized accounting and industry practices, contain information relating to costs, including gross sales or profits. In addition to any and all such documents or statements ("records") identifying total concession stand revenues for the time periods of operation as specified herein. (h) The successful Contractor shall respond to refund requests submitted to the public within 24 hours of being received. Failure to respond within the required time frame may result in liquidated damages in the amount of $10 per occurrence. 5.2.12. DAMAGE/RESTORATION/CONDITIONS: (a) The City does not expressly or impliedly warrant the condition of any food service equipment. The successful Contractor waives the right to a claim for any damages successful Contractor, its agents, employees, volunteers, guests or invitees from any use of the Concession. (b) The City shall not be liable for any loss, damage or injury of any kind or character, including vandalism and theft, to any person or property: i. caused by any defect in the vending machine; ii. caused by or arising from any act or omission of successful Contractor or of any of its agents, employees, volunteers, guests or invitees; iii. arising from any accident which may occur while successful Contractor is in control of the vending machine; or iv. arising from any other cause. 5.2.13. LITIGATION HISTORY: (a) Proposers shall provide a summary of any litigation or arbitration that the Proposer, its parent company or its subsidiaries have been engaged in during the past three (3) years against or involving: i. any public entity for any amount, or ii. any private entity for an amount greater than one hundred thousand dollars ($100,000.00). (b) The summary shall state the nature of the litigation or arbitration, a brief description of the case, the outcome or projected outcome, and the monetary amounts involved. The City may disqualify any Proposer it determines to be excessively litigious. City of Parkland RFP 2021-03 Page 37 n 5.2.14. ADA COMPLIANCE: (a) The machines being utilized for this contract shall be in compliance with the American with Disabilities Act (ADA). (b) The highest operable part of controls (coin slot, paper currency slot, change dispenser, etc.) shall be a maximum of 48" high and the lowest operable part shall be a minimum of 15" high. (c) The controls shall be operable with one hand and not require tight grasping, pinching, or twisting of the wrist. (d) The force required to activate the controls shall not be greater than 5 pounds of force (Ibf). (e) Clear floor space (minimum of 30 inches by 48 inches) that allows a forward or parallel approach by a person using a wheelchair shall be provided at controls, dispensers etc. Clear Floor Space 48 min i22o �. ZZ 255 67 City of Parkland RFP 2021-03 Page 38 5.3. PROPOSAL REQUIREMENTS: 5.3.1. Proposal Format: Proposers should prepare their proposals using the following format. In preparing proposals, Proposers should assume that the City has had no previous knowledge of their products, services or capabilities. Emphasis should be placed on clear, complete presentation of factual information. All sections of the proposal should be prepared and submitted in a straight forward, economical manner. Proposers are not to make any reference to information they submitted in previous responses to competitive solicitations or quotes submitted to the City. 5.3.2. Bids & Tenders Submission Instructions: ELECTRONIC BID SUBMISSIONS ONLY, shall be received by the Bidding System. Hardcopy submissions not permitted. Proposers are cautioned that the timing of their Proposal Submission is based on when the Proposal is RECEIVED by the Bidding System, not when a Proposal is submitted, as Proposal transmission can be delayed due to file transfer size, transmission speed, etc. For the above reasons, it is recommended that sufficient time to complete your Proposal Submission and to resolve any issues that may arise. The closing time and date shall be determined by the Bidding System's web clock. Bidders/Proposers should contact bids&tenders support listed below, at least twenty-four (24) hours prior to the closing time and date, if they encounter any problems. The Bidding System will send a confirmation email to the Proposer advising that their proposal was submitted successfully. If you do not receive a confirmation email, contact bids&tenders support at support@bidsandtenders.ca. Late Proposals are not permitted by the Bidding System. To ensure receipt of the latest information and updates via email regarding this proposal, or if a Proposer has obtained this Proposal Document from a third party, the onus is on the Proposer to create a Bidding System Vendor account and register as a Plan Taker for the proposal opportunity. Proposers may edit or withdraw their Proposal Submission prior to the closing time and date. However, the Proposer is solely responsible to ensure the re- submitted proposer is received by the Bidding System no later than the stated closing time and date. 5.3.3. Submission of Proposals: The following material is required to be submitted with your Proposal Package: (a) Cover Letter City of Parkland RFP 2021-03 Page 39 Cover Letter stating the Proposer's understanding of the work to be done, the commitment to perform and work within the time period, a statement of why the firm believes itself to be best qualified to perform the engagement and a statement that the proposal is a firm and irrevocable offer for ninety (90) days from the date of the Proposal opening. The cover letter should also indicate that upon City request the vendor will be available for interviews during the selection process. The Cover letter shall include the proposer's name, address, email address and telephone number of a contact person. (b) Detailed Proposal The detailed proposal should address all the points outlined in the Request for Proposal as outlined in Section 5 - Specifications and Proposal Requirements. Any deviations from Specifications and Proposal Requirements must be specified. (c) All questions answered and properly completed and executed documents/ forms are to be included in the online submittal. 5.3.4. Technical Proposal (a) Firm Qualifications (25 points): This section of the proposal should establish the ability of Proposer to satisfactorily perform the required work by reasons of: experience in performing work of a similar nature; demonstrated competence in the services to be provided; strength and stability of the firm; staffing capability; work load; record of meeting schedules on similar projects; and supportive client references. Proposer should provide the following within the bidding system under the "Specification" step: (1) Provide a brief profile of the firm, including the types of services offered; the year founded; form of the organization (corporation, partnership, sole proprietorship); number, size and location of offices; and number of employees. (2) Provide a general description of the firm's financial condition and identify any conditions (e.g., bankruptcy, pending litigation, planned office closures, impending merger) that may impede Proposer's ability to complete the project. (3) Describe the firm's experience in performing work of a similar nature to that solicited in this competitive solicitation, and highlight the participation in such work by the key personnel proposed for assignment to this project. State history of the firm, in terms of length of existence, types of services provided, etc. Identify the technical details that make the firm uniquely qualified for this work. City of Parkland RFP 2021-03 Page 40 Identify brand names, the nutritional health standards of products based on healthy vending guidelines, and the quality of goods to be sold. (4) Provide as a minimum four (4) references for the projects cited as related experience, and furnish the name, title, address and telephone number of the person(s) at the client organization who is most knowledgeable about the work performed. Proposer may also supply references from other work not cited in this section as related experience. Please do not include the City of Parkland or City of Parkland employees as references. (b) Management, Supervisory and Staff Experience (20 points): This section of the proposal should establish the method that will be used by the Proposer to manage the Scope of Work as well as identify key personnel assigned to the Scope of Work. Proposer should: (1) Provide education, experience, and applicable professional credentials of project staff. (2) Furnish brief resumes (not more than one (1) page each) for the proposed Project Manager/Vending Manager and other key personnel. (3) Identify key personnel proposed to perform the work in the specified tasks and include major areas of subcontract work. (4) Include a project organization chart, which clearly delineates communication/reporting relationships among the project staff. (S) Include a statement that key personnel will be available to the extent proposed for the duration of the project acknowledging that no person designated as "key" to the project shall be removed or replaced without the prior written concurrence of City of Parkland. (c) Methodology including Technical Approach and Understanding of the Scope of Services (20 points): Proposer shall provide a narrative, which addresses the Scope of Work and shows Proposer's understanding of City of Parkland's needs and requirements. Proposer should: (1) Describe the approach to completing the tasks specified in the Scope of Services. (2) Include an implementation schedule with a final report delivery date and note key project milestones and timelines for deliverables. Identify any assumptions used in developing the schedule. (3) Include a statement indicating ability to begin work with minimum notice. Proposer may also propose procedural or technical enhancements/ innovations to the Scope of Services, which do not City of Parkland RFP 2021-03 Page 41 materially deviate from the objectives or required content of the Scope of services. (4) Provide a detailed work plan is to be presented which lists all tasks determined to be necessary to accomplish the work detailed in the scope of services. The work plan shall define resources needed for each task. In addition, the work plan shall include a timeline schedule depicting the sequence and duration of tasks showing how the work will be organized and executed. Vendor may propose tasks and deliverables outside of those listed if they believe they are necessary to support the City's objectives. In the scoring for this section, proposers shall be evaluated on the clarity, thoroughness, and content of their responses to the above items. (5) Additional Information: Provide any additional plans and/or relevant information about Proposer's approach to providing the required services. 5.4 Fee Proposal (must be submitted electronically through the bidding system) (30 points)• (1) Schedule of Compensation The Proposer shall complete the "Fee Proposal" included with the RFP. Proposers shall list pricing as described on a fully -burdened basis, incorporating direct labor costs, indirect cost, and profit. (2) Provide a compensation rate to the City for vending machine sales. Compensation to the City for placement of the vending machines at the sites identified shall be based on a percent of gross sales as a part of the Contractor's agreement. (3) Provide a detailed description regarding incentives, if any, that will be offered for entering into a partnership with the City. (4) The proposal with the highest compensation rate paid to the City will receive thirty (30) points. The second highest proposed compensation amount will be divided into the highest proposed compensation amount and multiplied by thirty (30) to arrive at a point total, and so on for the other proposals. (Example is as follows: If the highest proposed compensation amount is: 25%, they will receive 30 points, if the second highest proposer compensation is: 20% the calculation is as follows: 20% / 25% x 30 = 24 points) City of Parkland RFP 2021-03 Page 42 5.5 Disadvantaged Business Enterprises (DBE) Participation (5 points): Proposers are advised that the City promotes equal employment opportunity (EEO) and encourages the participation of minority and women business enterprises (M/WBE) as well as small business enterprises (SBE) in all aspects of contracting. Joint venturing at the prime and sub -consultant levels is encouraged where the joint venture results in a more qualified and/or more diverse proposer. Proposers shall make efforts to maintain no less than fifteen (15) percent DBE participation for contracts over one hundred thousand dollars ($100,000.00). The City will accept certifications from offerors, including their subcontractors identified in their response, as defined and certified by the Florida Department of Management, Office of Supplier Diversity or other certifying organizations or jurisdictions in accordance with Section 287.0943 (1) and (2) Florida Statutes. (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) City of Parkland RFP 2021-03 Page 43 City of Parkland Vending Equipment List Attachment "A" Terramar Park 6575 NW 76th Drive Parkland, FL 33067 • Baseball fields (1) Drink Machine • Restrooms east (1) Drink Machine and (1) Snack Machine Liberty Park 9200 Ranch Road Parkland, FL 33067 • Restrooms Pine Trails Park 10559 Trails End Parkland, FL 33076 • P-REC • Football/Soccer Restrooms City Hall 6600 North University Drive Parkland, FL 33067 • Breakroom Quigley Tennis Center 7901 Parkside Drive Parkland, FL 33067 • Main Lobby Public Works 6500 Parkside Drive Parkland, FL 33067 • Breakroom Barkland 9245 Ranch Road Parkland, FL 33067 (1) Drink machine and (1) Snack machine Inside (1) Drink and (1) Snack Outside patio (1) Drink and (1) Snack (1) Drink (1) Drink and (1) Snack (1) Drink and (1) Snack (1) Drink and (1) Snack Dog friendly dispenser (1) (1) Drink and (1) Snack City of Parkland RFP 2021-03 Page 44 ADDENDUM SOLICITATION NO.: RFP 2021-03, Vending Machines Operation and Maintenance ADDENDUM No. 1 Closing Date: Tuesday, January 26, 2021, 2:00 PM To All Prospective Proposers: This addendum is issued to modify the previously issued solicitation documents and/or given for informational purposes, and is hereby made a part of the solicitation documents. Please attach this addendum to the documents in your possession. Per the proposal, the proposer shall acknowledge receipt of any and all addenda. Date Changes/Corrections: N/A Specification Changes/Corrections: N/A Drawing Changes: N/A Questions/Clarifications and Answers: Question 1: Can you provide copies of the monthly report including the following data fields: total sales, zero sales if applicable, sales by item (item categories need to be specific to the brands/types of items being sold), refunds, and a commission summary report, by machine, by location? Answer 1: Available information is attached. Ln cc bi t!'1 N h O NV r -O !. Lnn h0 Im O N V ALO d^1 O M" M O 0000 O fV C?i 4m O " N N 00 m 0 VM' w ei Ql r4 ori ei N 00 iA VF N V1 4/1 V! VF {/? i!1 N V: th Vl th V:. V} VT Vf 41 t/T V? 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If Bettoli Vending yes, please state: 6095 NW 167th St Address: Suite D4 Hialeah, Florida 33015 Contact: Leonardo Bettoli Email: bettoli@bettolivending.com Phone: 305-626-0740 1004 Fax: 305-623-0108 HST#: 65-1057065 Submission Details Created On: Submitted On: Submitted By: Email Transaction #: Submitter's IP Address: Monday January 25, 2021 14:36:33 Tuesday January 26, 2021 10:54:35 Leonardo Bettoli bettoli@bettolivending.com 513a11cb-d424-4c6f-8634-0df73c4d10d4 50.79.148.246 Bid Number: RFP 2021-03 Vendor Name: Bettoli Trading Corp Schedule of Prices The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid, at the unit prices, and/or lump sums, hereinafter stated. *Denotes a "MANDATORY" field Do not enter $0.00 dollars unless you are providing the line item at zero dollars to the City (unless otherwise specified). If the line item and/or table is "NON -MANDATORY" and you are not bidding on it, leave the table and/or line item blank.Do not enter a $0.00 dollar value. Fee Proposal (30 Points) The proposal with the highest compensation rate paid to the City will receive thirty (30) points. The second highest proposed compensation amount will be divided into the highest proposed compensation amount and multiplied by thirty (30) to arrive at a point total, and so on for the other proposals. Example is as follows: If the highest proposed compensation amount is: 25%, they will receive 30 points, if the second highest proposer compensation is: 20% the calculation is as follows: 20% / 25% x 30 = 24 points. For Fee Proposal Evaluation purposes, compensation rate paid to the City for all vending machines will be utilized. The Proposer, by submitting this proposal, states that its has carefully examined the advertisement, conditions, attachments and instructions attached to the RFP for Vending Machines Operation and Maintenance. We, the undersigned, will furnish all labor, materials, equipment, services, and all other items required for the defined services. Proposer agrees that this proposal shall be valid and may not be withdrawn for a period of ninety (90) calendar days after the scheduled closing time for receiving proposals. Compensation Rate Paid To The City % of Sales * Percent spelled out* Project #3 Compensation rate paid to the City for all vending machines 27 Twenty Seven Percent Vending Machine Services Additional Incentives or Notes (Optional) 0 N/A All Public schools in Miami Dade County Minimum Experience Requirements In order to be considered, Proposers must provide evidence that they are qualified to satisfactorily perform the specified services. Evidence shall include all information necessary to certify that the Proposer has provided services of a type similar to the services sought in this competitive solicitation. The evidence will consist of listing contracts for similar services that have been provided to public and/or private -sector clients, within a minimum of the last five years. IN THE SPACE BELOW, Proposer must provide details fulfilling above minimum experience requirements. It is mandatory that proposers use this form in order to indicate that the minimum experience requirement is met. No exceptions will be made. Bid Number: RFP 2021-03 Vendor Name: Bettoli Trading Corp Project #1 * Project #2 Project #3 Project Name Healthy Vending Vending Machine Services Vending Machine Services Project Location All Public schools in Miami Dade County All Miami Dade County Public Facilities All city parks and government buildings. Owner Name Miami Dade County Public Schools Miami Dade County ISD City of Hialeah Contact Name Thomas Holmberg Lorena Zapustas George Hernandez Contact Telephone No. 786-275-0464 305-375-3950 305-889-5701 Contact Email Address tholmberg@dadeschools.net Lorena.Zapustas@miamidade.gov JFHemandez@hialeahfl.gov Yearly Budget/Cost 500+ Machines 250+ Machines 40+ Machines Dates of Contract ISince 2007 - Present ISince 2014 - Present ISince 2013 Bid Number: RFP 2021-03 Vendor Name: Bettoli Trading Corp Qualification Statement Part 1 The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made hereinafter: Company Profile Response* Name of Company Bettoli Trading Corp. D/B/A Bettoli Vending Address 6095 NW 167th street Suite D4 City Hialeah, State Florida Zip 33015 Telephone Number 305-626-0740 Fax Number 305-623-0108 How many years has your organization been in business under its present name? 20 Under what former name(s) has your business operated? J&H Vendors At what address was that/those business(es) located? Same Are you a: sales representative, distributor, broker, or manufacturer, of the commodities/services bid upon? Yes Qualification Statement Part 2 Note: if you are providing the Local Vendor Preference Form, you can do so through the Document Upload area under the "Local Vendor Preference Form" upload area. All Certifications can be uploaded to the "Certification for Qualification" area. Bid Number: RFP 2021-03 Vendor Name: Bettoli Trading Corp Response* Additional Information, if required Are you operating under Fictitious Name ("dba")? If Yes, submit r. Yes http://dos.sunbiz.org/scripts/ficidet.exe? evidence of compliance with Florida Fictitious Name Statute. r No action= DETREG&docnum=G 10000054470&rdocn um=G10000054470 Are you Certified? If Yes, ATTACH A COPY OF CERTIFICATION r Yes This certification is not require for shelf stable r No product, However, if the city prefers that we hold a certification, we have no problem completing the process. Are you Licensed? If Yes, ATTACH A COPY OF LICENSE r. Yes r No Are you claiming Minority Participation, as per Section 2.22? (If yes, r Yes please complete Local Vendor Preference Form) r No Are you claiming Local Preference, as per Section 2.23? r Yes r No Do you have the required insurance coverage's set forth in the r Yes competitive solicitation? If Yes, ATTACH A COPY OF INSURANCE r No CERTIFICATES Has your company or you personally ever declared bankruptcy? If Yes, r Yes explain? r. No Have you ever received a contract or a purchase order from the City r Yes of Parkland or other governmental entity? If yes, explain (date, r No service/project, bid title, etc.): Have you ever received a complaint on a contract or bid awarded to r Yes you by any governmental entity? If yes, explain: r No Have you ever been debarred or suspended from doing business with r Yes any governmental entity? If yes, explain: r No Bid Number: RFP 2021-03 Vendor Name: Bettoli Trading Corp Firm Qualifications (25 Points) This section of the proposal should establish the ability of Proposer to satisfactorily perform the required work by reasons of: experience in performing work of a similar nature; demonstrated competence in the services to be provided; strength and stability of the firm; staffing capability; workload; record of meeting schedules on similar projects; and supportive client references. Proposer should: Bid Number: RFP 2021-03 Vendor Name: Bettoli Trading Corp Response: Provide a brief profile of the firm, including the types of services Bettoli Trading Corp. D/B/A Bettoli Vending was established November 21st 2000 in offered; the year founded; form of the organization (corporation, the state of Florida. It was created by the acquisition of a small vending company partnership, sole proprietorship); number, size and location of with 350 active machines. After an intensive analysis, education within the industry offices; and number of employees. and mastering the technological advances of the industry, we started our significant growth in 2007. Today we have over 1800 active machines, growing over 350% in less than 10 years. Our growth has not been coincidental. It was the result of a perfect mix of proper operation, implementation of proven technologies, education to our staff and dedication to our clients, Our staff is trained by strict industry standards. Provide a general description of the firm's financial condition and Even after Experiencing COVID-19 and the financial difficulties this has brought to identify any conditions (e.g., bankruptcy, pending litigation, planned all the companies in our field, we have been able to sustain our operations and office closures, impending merger) that may impede Proposer's maintain a positive standing with all our suppliers and service providers. You may ability to complete the project. check our DNB credit and welcome any comparison against competitors. We are currently under litigation for an auto -negligence claim for which it does not exceed our limits. Describe the firm's experience in performing work of a similar As the industry progresses, we have always kept up with proven technologies that nature to that solicited in this competitive solicitation, and highlight gives benefits to our clients and customers. Recently, we have integrated immediate the participation in such work by the key personnel proposed for customer service communication by integrating mobile app pages into our forms of assignment to this project. State history of the firm, in terms of communication. this form has been welcomed primarily by our young customers, length of existence, types of services provided, etc. Identify the whom also have put stress into the healthier product lineups. technical details that make the firm uniquely qualified for this work. Identify brand names, the nutritional health standards of products based on healthy vending guidelines, and the quality of goods to The technology has also been our best allied on beating the stigma of be sold. accountability in this industry. Being able to show such level of data is key on ensuring money is accounted properly. The technology continues to advance. Currently we have reached a level in which most problems are electronically reported by the machine directly to us without human intervention. See report below. This technology has placed us at the forefront of customer service performance. Increasing customer satisfaction and increasing equipment reliability. For the past 15 years we have been using GPS tracking technology. This has helped us maximize our response time and efficiencies. As well confirm site visits if in doubt. For the past 10 years we have integrated technology further by providing our staff with smartphones able to provide video conference. This has reduced our response time to service calls significantly. Many times, the closest staff to a machine is not the service technician. However, with video conference the route staff can quickly show what the problem is providing us the ability to speed up the response. Either by allowing the office to know if a not common part might be needed or simply by informing the staff in front of the machine what to do to place the machine back in operation, many times reducing the service call to just minutes from the reported time. We have used most brands and have tested most models available. We are willing to work with the City if a specific brand/model is necessary. On the next few pages, you will see catalogs corresponding to many of these models. Our plan is to implement 100% ADA compliant equipment. With 100% 4in1+ Credit Card acceptors in all machines, the 4in1+ is a device able to accept multiple forms of payments such as, credit card, mobile payments (apple pay, Android pay, etc.), RFID Credit Cards and allows us to combine it with the bill acceptor which can be program to accept up to $20 bills. For snack machines: Our preference is to use the state of the art, Crane Merchant Media. In both models (4 columns wide and 6 columns wide), We have used these machines successfully. We always inspect and test all models of machines available in the NAMA ONE SHOW, where the top 10 vending machine manufacturers are present, and we are happy to discuss any ideas the city may have. For the ice-cream machines: our plan is to use the Leader in the industry of Ice cream vending, Fastcorp with its robotic arm delivery system. Bid Number: RFP 2021-03 Vendor Name: Bettoli Trading Corp Management, Supervisory and Staff Experience (20 points) This section of the proposal should establish the method that will be used by the Proposer to manage the Scope of Work as well as identify key personnel assigned to the Scope of Work. Proposer should: • Complete Management, Supervisory and Staff Experience Nos. 1 - 3 in the Document Upload area titled: Team Staffing. • Complete Management, Supervisory and Staff Experience No. 4 in the Document Upload area titled: Organization Chart. • Complete Management, Supervisory and Staff Experience No. 5 in the blank area below. Bid Number: RFP 2021-03 Vendor Name: Bettoli Trading Corp Response:* 1. Provide education, experience, and applicable professional We believe in education and training, Our staff has completed Industry Certification credentials of project staff. from the National Automatic Merchandising Association (NAMA) such as Route Driver, Journeyman Technician, NAMA certified Executive, and others. Videos provided for these courses are reviewed by our staff annually to ensure the information and proper procedures are not forgotten. Bettoli Vending is a proud member of: The National Automatic Merchandiser Association (NAMA) The Automatic Merchandiser Association of Florida (AMAF) Currently we have 30 Direct Employees Management team to be assigned to this project: Leonardo Bettoli MBA, NCE, CCS. Merchandising and Marketing Manager, AMAF Board Member 2010-2013 and 2013-2016. NAMA Certified Executive. Route Driver Certified (NAMA) Vending Technician Level I (NAMA) Journeyman Vending Technician Certified (NAMA) Certified Coffee Specialist (NAMA) Specialization in Entrepreneurship Maurizio L. Bettoli BS. Director of Operations Route Driver Certified (NAMA) Vending Technician Level I (NAMA) Journeyman Vending Technician Certified (NAMA) Valeria Bettoli BS. Director of Finances MAST QuickBooks Certified Jose De Freitas. Head Technician. Route Driver Certified (NAMA) Vending Technician Level I (NAMA) Journeyman Vending Technician Certified (NAMA). 2. Furnish brief resumes (not more than one (1) page each) for Will be attached. the proposed Project Manager/Vending Manager and other key personnel. 3. Identify key personnel proposed to perform the work in the Maurizio L Bettoli, Leonardo Bettoli specified tasks and include major areas of subcontract work. 4. Include a project organization chart, which clearly delineates Will Be attached communication/reporting relationships among the project staff. 5. Include a statement that key personnel will be available to the As a family business we need to emphasize that we cross train on all aspects of extent proposed for the duration of the project acknowledging that the business and we ensure things get done. We are knowledgeable on each other no person designated as "key" to the project shall be removed or duties and can perform any of the duties in the absence of the other. We expect to replaced without the prior written concurrence of City of Parkland. see this contract thru to the end of its performance. Bid Number: RFP 2021-03 Vendor Name: Bettoli Trading Corp Methodology including Technical Approach and Understanding of the Scope of Services (20 points) Proposer shall provide a narrative, which addresses the Scope of Work and shows Proposer's understanding of City of Parkland's needs and requirements. Proposer should: All references stated shall be for the same or similar scope as the one described in this Bid. References Provide specific references for at least five customers (preferably public entities), including customers served by the firm's nearest office to the City. They should be of similar size, complexity and magnitude to the City. Please do not include the City of Parkland or City of Parkland employees as references. Additional references may be provided by attachment. Description Response:* Describe the approach to completing the tasks specified in the We would start with communication with the city and understanding needs that might Scope of Services. no necessarily have been listed on the RFP. such as additional services or extra Organization cleanliness needed. each site is unique and outdoor location can be very different. City Of Pembroke Pines We would present a menu and incorporate city feedback as well as educate city City of Tamarac staff on alternates ways of communication which may help handle service complaints Address from residents. Include an implementation schedule with a final report delivery date Timeline, would be to install the day after the current vending machines are and note key project milestones and timelines for deliverables. removed. unless the city would like more time to do in depth cleaning of surfaces. Identify any assumptions used in developing the schedule. total number of machines is about 20, these could be installed in a single day if Tom Joyce need be. Include a statement indicating ability to begin work with minimum We currently have enough equipment to fulfill the city needs. We could begin notice. Proposer may also propose procedural or technical installing the vending machines within two business dais of award. given that the enhancements/innovations to the Scope of Services, which do not city currently has vending services, we would coordinate with city staff to minimize materially deviate from the objectives or required content of the downtime. Scope of services. bbeard@westonfl.org Provide a detailed work plan is to be presented which lists all 1. Contact city staff after award for Introductory meeting and discussion of tasks determined to be necessary to accomplish the work detailed timeline. in the scope of services. The work plan shall define resources 1.1. Request onsite visit with location staff to confirm current or proposed needed for each task. In addition, the work plan shall include a locations. timeline schedule depicting the sequence and duration of tasks 2. Choose appropriate equipment from current on hand inventory. Most large showing how the work will be organized and executed. Vendor contract would require us to source equipment but due to other circumstances we may propose tasks and deliverables outside of those listed if they have plenty of equipment on hand. believe they are necessary to support the City's objectives. In the 3. Confirm removal and installation schedule with city staff. scoring for this section, proposers shall be evaluated on the 4. Prepare machines accordingly (labels, software, tie downs, change, etc.), plan clarity, thoroughness, and content of their responses to the above menus. items. 5. Install machines, test cashless connections, address any issues that arise. 6. Monitor daily sales to ensure proper servicing until a proper service schedule can be attained. 7. Discuss with city staff possible seasons and increase service schedules depending on city events. 8. Ensure city knows proper way to ensure communications for any out of the ordinary issues. Additional Information: Provide any additional plans and/or relevant Our plan is to automate as much as possible. currently the vending machines information about Proposer's approach to providing the required communicate with us to help us determined when a specific machine needs service. services. however, we have gone a step further and added online communication so if a resident happens to have a machine malfunction, the resident may communicate with us directly and this helps us identify and correct the problem faster. it also increases customer satisfaction as well as retention eventually increasing sales and revenue to the city. you may try our platform at www.VendingRefunds.com All references stated shall be for the same or similar scope as the one described in this Bid. References Provide specific references for at least five customers (preferably public entities), including customers served by the firm's nearest office to the City. They should be of similar size, complexity and magnitude to the City. Please do not include the City of Parkland or City of Parkland employees as references. Additional references may be provided by attachment. Description Reference #1 * Reference #2 * Reference #3 * Reference #4 * Reference #5 Organization City of Weston City Of Pembroke Pines City of Doral City of Tamarac Town of Davie Address 20200 Saddle Club Road, Weston, FL. 33332 601 City Center Way, Pembroke Pines, FL. 33025 8401 NW 53rd terrace, Doral, FL. 33166 8601 W. Commercial Blvd., Tamarac, FL. 33351 6591 Orange Drive, Davie, FL. 33314 Contact Bryan Beard Tom Joyce Mauricio Narvaez Dania Maldonado Brian O'connor Telephone Number 954-389-4321 954-392-2127 305-593-6600 954-597-3633 954-797-1016 Email Address bbeard@westonfl.org tjoyce@ppines.com mauricio.narvaez@cityofd oral.com dania.maldonado@tamar ac.org brian_oconnor@davie- fl.gov Services Provided Vending Machine Services Vending Machine Services Vending Machine Services Vending Machine Services Vending Machine IServices Years of Service 4 2 6 3.5 15 Documents It is your responsibility to make sure the uploaded file(s) is/are not defective or corrupted and are able to be opened and viewed. Bid Number: RFP 2021-03 Vendor Name: Bettoli Trading Corp If the attached file(s) cannot be opened or viewed, your Solicitation may be rejected. The following forms must be filled out, scanned and uploaded to the defined section. Failure to provide the requested attachments may result in your bid being deemed non-responsive. • Authority to Execute Bid and Contract Form . Background and Employment Verification Affidavit • Certification and Acknowledgement of Business Type • Drug Free Workplace Form . Non-Colllusive Affidavit • Public Entity Crime Statement • Scrutinized Vendor Certificate • W-9 • Local Vendor Preference Form (If applicable) • Team Staffing - staffing.pdf - Monday January 25, 2021 16:22:33 • Resumes of Proposed Personnel- Resumes.pdf - Monday January 25, 2021 16:21:53 . Organization Chart - Organizational Chart.pdf - Monday January 25, 2021 16:21:11 • Mandatory Forms - Required Documents.pdf - Monday January 25, 2021 16:11:03 • Non Mandatory Forms (Local Vendor. Trench Safety. etc..) - OSD_MBE_Certificate.pdf - Monday January 25, 2021 16:11:14 . Additional Document - Flyers and licenses reduced.pdf - Tuesday January 26, 2021 10:54:09 Bid Number: RFP 2021-03 Vendor Name: Bettoli Trading Corp Terms and Conditions It is understood and agreed by Vendor that the City reserves the right to reject any and all solicitations, to make awards on all items or any items according to the best interest of the City, and to waive any irregularities in the solicitation or in the solicitations received as a result of the competitive solicitation. It is also understood and agreed by the Vendor that by submitting a solicitation, Vendor shall be deemed to understand and agree that no property interest or legal right of any kind shall be created at any point during the aforesaid award process until and unless a contract has been agreed to and signed by both parties. V Me have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Maurizio Bettoli, Director, Bettoli Vending The bidder shall declare any potential or actual conflict of interest that could arise from Bidding on this Bid. Do you have a conflict of interest? c Yes a No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column " I have reviewed this addendum" below to acknowledge each of the addenda. have reviewed the File Name below addendum and attachments (if applicable) Addendum No.4 r Tue January 19 2021 10:26 AM Addendum No. 3 Fri January 15 2021 01:57 PM Addendum No. 2 Mon January 11 202101:08 PM Addendum No.1 Thu December 31 2020 09:24 AM Pages 1 r 2 rJ 17 Bid Number: RFP 2021-03 Vendor Name: Bettoli Trading Corp is u�x �O AUTHORITY TO EXECUTE PROPOSAL AND CONTRACT A. If the Proposer is a Corporation, attach to this page a certified copy of corporate resolutions of the Board of Directors of the Corporation authorizing an officer of the Corporation to execute the Proposal and the Contract contained within this document on behalf of the Corporation. The OWNER would prefer the use of the attached sample Resolution. B. A corporation to which a contract is to be awarded will be required to furnish certificates as to its corporate existence. CERTIFIED RESOLUTION I, Maurizio Bettoli (Name), the duly elected Secretary of Bettoli Trading Corp(.Corporate Title), a corporation organized and existing under the laws of the State of Florida 'do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the Said corporation at a meeting held in accordance with law and the by-laws of the said corporation. "IT IS HEREBY RESOLVED THAT Maurizio Bettoli (Name)" The duly elected Secretary (Title of Officer) of Bettoli Trading Corp. (Corporate Title) be and is hereby authorized to execute and submit a Proposal and Bid Bond, if such bond is required, to the City of Parkland for:Vending Machine Operation and Maintenance and such other instruments in writing as maybe necessary on behalf of the said corporation; and that the Proposal, Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Parkland shall be fully protected in relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. I further certifythat the above resolution is in force and effect and has not been revised, revoked or rescinded. I further certify that the following are the name, titles and official signatures of those persons authorized to act by the foregoing resolution. of PAR CTS Q AUTHORITY TO EXECUTE PROPOSAL AND CONTRACT NAME. -Maurizio L Bettoli TITLE: Director SIGNATURE--A— Given under my hand and the Seal of the said corporation this 25th dayof January 2021 Corporate Title NOTE: The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City of Parkland that the person signing the Proposal and Bid Bond for the corporation has been properly empowered by the corporation to do so in its behalf. ok PAA BACKGROUND CHECK & EMPLOYMENT ` VERIFICATION AFFIDAVIT STATE OF PLO RI DA COUNTY OFMiami Dade ) I, the undersigned, being first duly sworn, do hereby state under oath and under penalty of perjurythat the following facts are true: 1. 1 am overthe age of 18 and am a residentof the State of Florida. 2.1 am the Director (title) of Bettoli Trading Corp . and I certifythat I have the authorityto make the representations setforth within this Affidavit. 3, Bettoli Trading Corp. intends to enter into an agreementwith the City of Parkland to provide the services detailed in competitive solicitation#RFP 2021-03 4. The fulfillment of the Background Check requirement shall be conducted through State, National and Sexual Offender/Predatorcriminalhistory record databases. 5.1 hereby certify I shall at my expense obtain a criminal background checkforeach employee, Contractor, or subcontractor or subconsultant having access to City property prior to beginning the work and, dependingon the contract's term, on an annual basis thereafter. 6. 1 also certify that based upon the result of the criminal background check, no employee, Contractor, nor subcontractoror subconsultantwho has been convicted of an offense orat the discretion of the City shall not be permitted to perform work underthis contract in or on City property. I attest that all personnel used in the performance ofthiswork have had a criminal background check with a passinggrade and have been drugtested with a passinggrade. 8. 1 acknowledge and agreeto utilizethe U.S. Departmentof Homeland Security's E -Verify system toverify the employment eligibility of all new employees hired by the Contractor/Subcontractor during the Agreement term. All cost(s) incurred to initiate and sustain the aforementioned programs shall be the responsibility of the Contractor. Failure to meet this requirement may result in termination of the Agreement bythe City. City of Parkland RFP 2020-12 Page 1 yot �k(p2 BACKGROUND CHECK & EMPLOYMENT VERIFICATION AFFIDAVIT Executedthis 25th day of January 2021 B Y (Signature of Affiant) By Maurizio L Bettoli, Director (Print Name and Title) The foregoingwas acknowledged before methis day of� 20-sP ll by who is personally known tome or who has produced as identificatio and who did take an oath. WITN ESS my hand and official seal, this Y� day of n . 20 -Dk (NOTARYSEAL) (Signature of person taking acknowledgment) MONICA L SANTANA �-tc, Spo nn' 'i7; e MY COMMISSION # GG065755 Mor l iCA o EXPIRES February 28, 2021 (Name of officer taking acknowledgment) typed, printed or stamped (Title or rank) -IA( C My commission expires: Lt (Serial number, if any) 0 (Title or rank) My commission expires: awg' City of Parkland RFP 2020-12 (Serial number, if any) Page 2 _r CERTIFICATION & ACKNOWLEDGEMENT OF BUSINESS TYPE This form must be signed in the presence of a Notary Public or other officer authorized to administer oaths and submitted with the bid package on the specified bid opening date. The undersigned proposer certifies that this proposal package is submitted in accordance with the specifications in its entirety and with full understanding of the conditions governing this proposal. BUSINESS ADDRESS of PROPOSER: Bettoli Trading Corp. D/B/A Bettoli Vending Company Name Maurizio L Bettoli Contact Person 6095 NW 167th street Suite D4 Address Hialeah FL 33015 City State Zip Telephone No. 305-626-0740 Fax No. 305-623-0108 Email Address: Maurizio@BettoliVending. com Federal ID. No. or Social Security No. 65-1057065 INDICATE WHICH TYPE OF ORGANIZATION BELOW: Individual Partnership Corporation X LLC Other AUTHORIZED SIGNATURE OF PROPOSER 7 Maurizio L Bettoli Signature Printed Name If individual list dba: If Corporation include Corporate Name: Bet .oli Trading Cor Attest: 73'E�X Corporate Secretary Signature: Z7 Printed Name: -i1aWIri .i L Bettoli � YrVik CERTIFICATION & ACKNOWLEDGEMENT o OF BUSINESS TYPE NOTARY PUBLIC: STATE OF: CITY OF: t�C t 1 1 Imo\ Q The foregoing instrument was acknowledged before me this &J day of 26el by who is (who are) personally known to me or who has produced as identification and who did (did not) take an oath. NOTARY PUBLIC SIGNATURE:(' NOTARY NAME, PRINTED, TYPED OR STAMPED: (nOVI Cid �Sn CrUC)Q GGkM57-55 Commission Number: My Commission Expires: MONICA L SANTANA MY COMMISSION # GG065755 EXPIRES February 28, 2021 of PAR(r ��. sf Gy �Ja;�ti�a DRUG—FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that Maurizio L Bettoli does: (Name of Business) 1. Publish a statement notifying employees thatthe unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions thatwill be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifythe employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notifythe employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no laterthan five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. Make a good faith effortto continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements.' Proposer's Signature Maurizio L Bettoli Proposer's Printed Name o A NON -COLLUSIVE AFFIDAVIT '1�S�2lTpU)� State of Florida ) )ss. County of Miami Dade j Maurizio L Bettoli being first duly sworn, deposes and says that: (1) He/she is the Director (Owner, Partner, Officer, Representative or Agent) of Bettoli Trading Corp. the Proposer that has submitted the attached proposal; (2) He/she isfullyinformed respecting the preparation and contents of the attached proposal and of all pertinent circumstances respecting such proposal; (3) Such proposal is genuine and is not a collusive or sham proposal; (4) Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Proposer, firm, or person to submit a collusive or sham proposal in connection with the work for which the attached proposal has been submitted; orto refrainfrom bidding in connection with such work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with and Proposer, firm or person to fix the price or prices in the attached proposal or of any other Proposer, or to fix an overhead, profit, or cost elements of the proposal price or the proposal price of any other Proposer, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed work; (5) The price or prices quoted inthe attached proposal arefairand proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. ut YARD NON -COLLUSIVE AFFIDAVIT Signed, sealed and delivered in the presence of: �eOhaY off" Vct6-ic. Px71 o1r' ACKNOWLEDGEMENT State of Cx 1a County of Maurizio L Bettoli (Printed Name) Director (Title) The foregoing instrument was acknowledged before me this �5 day of 20& 1 • by 'M�vI CIL0 �jL��,( who is personally known to me or who has produced( as identification and who did (did not) take an oath. WITNESS my hand and official seal �1tJC2lCA,C D_ ! ',A0Ti0/K NOTARY.PUO, MONICA L SANTANA MY COMMISSION # GG065755 "?aFng' EXPIRES February 28, 2021 (Name of Notary Public: Print, Stamp, or Type as Commissioned.) APAI? 0 r� PUBLIC ENTITY CRIME STATEMENT "btMAY4 "A person or affiliate who has been placed on the convicted vendor list following a conviction for 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 public entity, may not be awarded or perform work as a Proposer, supplier, sub -Proposer, 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 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I state that this Proposer complies with the above. Signed;A i Printed Name: Maurizio L Bettoli Date: 01/25/2021 Df 9��,�4'vTal1'�Q`• SCRUTINIZED VENDOR CERTIFICATION (,Maurizio L Bettoli, Director, onbehalfof Bettoli Trading Corp. Print Name and Title Contractor Name CertifythatBettoli Tradinq Corp.doesnot: ContractorName 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List, and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and Has not engaged in business operations inSyria. Submitting false certification shall be deemed a material breach of contract The City shall provide notice, in writing, to the Contractorof the City's d etermi nation conce m ingthe false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractordoes not demonstratethat 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 § 287.135. Section 287.135, Florida Statutes, prohibits the Cityfrom: l) Contracting with companiesforgoods or services in any amount if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the cc m pany is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycottof Israel; and 2) Contracting with companies, for goods or services over $1,000,000.00 that re on either the Scrutinized Companieswith activities in the Iran Petroleum Energy Sector List, created pursuantto s. 215.473, or are engaged in business operations in Syria. As the person authorized to sign on behalf of the Contractor, I hereby certify that the company identified above in the section entitled "Contractor Name" does not participate in any boycott of Israel, is not listedon the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuantto section 287.135, Florida Statutes, the submission of a false certification may subject the companyto civil penalties, attorney'sfees, and/or costs. I further understand that any contract with the City for goods or services may be terminated at the option of the City if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies with Activities in Sudan list orthe Scrutinized Companies with Activities i n the Iran Petroleum Ene rgySector List. Signature 01/25/2021 Date oF + CERTIFICATION&. ACKNOWLEDGEMENT OF BUSINESS TYPE This form must be signed in the presence of a Notary Public or other officer authorized to administer oaths and submitted with the bid package on the specified bid opening date. The undersigned proposer certifies that this proposal package is submitted in accordance with the specifications in its entiretyand withfull understanding of the conditions governing this proposal. BUSINESS ADDRESS of PROPOSER: Bettoli Trading Corp. D/B/A Bettoli Vending Company Name Maurizio L Bettoli Contact Person 6095 NW 167th street Suite D4 Address Hialeah FL 33015 City State Zip Telephone No. 305-626-0740 Fax No. 305-623-0108 Email Address: Maurizio@BettoliVending.com Federal ID. No. or Social Security No. 65-1057065 INDICATE WHICH TYPE OF ORGANIZATION BELOW: Individual Partnership Corporation X LLC Other AUTHORIZED SIGNATURE OF PROPOSER Maurizio L Bettoli Signature Printed Name If individual list dba: If Corporation include Corporate Name: ".•B�et:-toli Tradincr Cor Attest: Corporate Secretary Signature: Printed Name: all, ri71`O L Bettoli of PAA �4rxA�� CERTIFICATION & ACKNOWLEDGEMENT t,OF BUSINESS TYPE NOTARY PUBLIC: STATE OF: `- }''1 CITY OF: "an I Q The foregoing instrument was acknowledged before me this 05 day of 20 (by who is (who are) personally known to me or who has produced as identification and who did (did not) take an oath. NOTARY PUBLIC SIGNATURE: NOTARY NAME, PRINTED, TYPED OR STAMPED: &0+0001 . Commission Number: My Commission Expires: ,""•"a6�; MONICA L SANTANA t A&MY COMMISSION # GG065755 ' EXPIRES February 28, 2021 City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax EXHIBIT "B" Scrutinized Companies Certificate Bettoli Trading Corporation d/b/a Bettoli Vending 13 O� SVNNY iS�FS� a F u 2 CONTRACTOR ANTI -BOYCOTT CERTIFICATION OP y o � FLOP` G5 lY ov 5VN nN [PURSUANT TO FLORIDA STATUTE § 287.1351 on behalf of , Print Name Company Name certifies that Company Name 1. Participate in a boycott of Israel; and does not: 2. Is not on the Scrutinized Companies that Boycott Israel list; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Cuba or Syria. Signature Title Date City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax EXHIBIT "C" E -Verify Affidavit Bettoli Trading Corporation d/b/a Bettoli Vending 14 Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security's E - Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E -Verify system. Florida Statute 448.095 further provides that if a contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance with Florida Statute 448.095, all contractors doing business with the City of Sunny Isles Beach are required to verify employee eligibility using the E -Verify system for all existing and new employees hired by the contractor during the contract term. Further, the contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of the awarded vendor to ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify website (https://www.e-verify.gov/emplovers/enrolling-in-e-verify) and follow the instructions. The contractor must, as usual, retain the 1-9 Forms for inspection. By affixing your signature below you hereby affirm that you will comply with E -Verify requirements. Company Name Offeror Signature Print Name Federal Employer Identification Number (FEIN) Date Title 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 C,rx of SVA hT,P City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners VIA: Stan Morris, City Manager FROM: Audra K Curts-Whann, Assistant City Manager DATE: May 19, 2022 RE: Approval of Agreement with Bettoli Trading Corporation for Vending Services RECOMMENDATION: Staff recommends approval of this Resolution. REASONS: The City of Sunny Isles Beach desires to enter into a contractual agreement with Bettoli for vending services at various locations throughout the city (Government Center, Pelican Community Park, Samson Ocean Front Park, Heritage Park, Town Center Park). Bettoli has provided satisfactory vendinf services to the City of Sunny Isles Beach under a current contract expiring May 30, 2022 (origina Resolution 2017-2686). The City of Parkland issued a Request for Proposal (RFP 2021-03 "Vending Machines Operation ani Maintenance") which the City of Sunny Isles Beach intends to utilize as a piggyback contract to award a contract to Bettoli commencing May 31, 2022 for an initial two (2) year term, with the option to renew for an additional three (3) one (1) year terms. Bettoli shall pay the City of Sunny Isles Beach a license fee equal to 27% of the gross sales from al vending machines sales on City property in accordance with the Parkland agreement. This arrangement is more favorable to the City than the expiring contract (which granted us 21% of sales). FUNDING SOURCE: Not applicable - this is a revenue generating contract, no cost to the City. ATTACHMENTS: Item Number: 10.T 577 Resolution Agreement Item Number: 10.T 578