HomeMy WebLinkAboutRFP # 22-09-01 RESTAURANT LEASE AND OPERATIONS FACILITY AT 18050 COLLINS AVE
City of Sunny Isles Beach |Request for Proposals No. 22-09-01 1
REQUEST FOR PROPOSALS
RESTAURANT LEASE AND OPERATIONS AT
18050 COLLINS AVE, SUNNY ISLES BEACH
RELEASE DATE: SEPTEMBER 9, 2022
NON-MANDATORY PRE-PROPOSAL
CONFERENCE:
SEPTEMBER 20, 2022 AT 10:00 AM AT
GOVERNMENT CENTER 1ST FLOOR CONFERENCE RM
NON-MANDATORY SITE-VISIT:
A non-mandatory site visit will take place immediately
following the pre-proposal conference. The site-visit will
take place at 18050 Collins Ave, Sunny Isles Beach.
ALL QUESTIONS DUE:
All questions will be answered via addendum
posted to DemandStar.
NO LATER THAN SEPTEMBER 22, 2022 AT 5:00 PM IN
WRITING TO PURCHASING@SIBFL.NET
DUE DATE FOR PROPOSALS: NO LATER THAN OCTOBER 7, 2022 AT 11:00 AM
SUBMIT SEALED PROPOSALS TO:
Envelope must clearly provide your firm’s name,
phone # and contact information and must be
labeled with the RFP # and name.
CITY OF SUNNY ISLES BEACH GOVERNMENT CENTER
OFFICE OF THE CITY CLERK
18070 COLLINS AVENUE, 4TH FLOOR
SUNNY ISLES BEACH, FLORIDA 33160
ONLINE SUBMITTALS ARE NOT ACCEPTED
City of Sunny Isles Beach |Request for Proposals No. 22-09-01 2
TABLE OF CONTENTS
PAGE NO.
LEGAL ADVERTISEMENT/ NOTICE TO FIRM 3
GENERAL TERMS & CONDITIONS 4
SPECIAL TERMS & CONDITIONS 11
SCOPE OF WORK / TECHNICAL SPECIFICATIONS 28
EVALUATION PROCESS 31
PROPOSAL FORMAT 34
PROPOSED RENT SCHEDULE 37
BID SUBMITTAL FORM 40
AFFIDAVITS
NON-COLLUSIVE AFFIDAVIT
PUBLIC ENTITY CRIMES
EQUAL OPPORTUNITY / AFFIRMATIVE ACTION STATEMENT
CONFLICT OF INTEREST STATEMENT
DISPUTE DISCLOSURE FORM
ANTI-KICKBACK AFFIDAVIT
ANTI-BOYCOTT CERTIFICATION
E-VERIFY AFFIDAVIT
ATTACHMENT A - FLOOR PLAN
City of Sunny Isles Beach |Request for Proposals No. 22-09-01 3
LEGAL ADVERTISEMENT NOTICE TO FIRM
RESTAURANT LEASE AND OPERATIONS AT 18050 COLLINS AVENUE
REQUEST FOR PROPOSALS NO. 22-09-01
The Specifications for this REQUEST FOR PROPOSALS are available from DemandStar by calling (800) 711-1712
or by accessing their website at www.demandstar.com. The Bid Specifications may also be examined at the
City of Sunny Isles Beach – Office of the City Clerk. Vendors who obtain the Bid Specifications from sources
other than DemandStar or the City of Sunny Isles Beach are cautioned that their Bid response package may be
incomplete. Any addenda will be posted and disseminated by DemandStar at least five days prior to the
submittal date to all vendors who are listed on the official list.
Sealed Proposals will be received by the City Clerk no later than 11:00 AM ON FRIDAY, OCTOBER 7, 2022 at
the Sunny Isles Beach Government Center located at 18070 Collins Avenue, 4th floor, Sunny Isles Beach,
Florida, 33160. Proposals received after this time will not be considered. The City is under no obligation to
return Bids. Timely submitted Bids will be opened publicly and names of firms read aloud at this time.
The envelope containing the sealed proposal must be clearly marked:
“IMPORTANT, RFP ENCLOSED SUBMIT TO CITY CLERK’S OFFICE”
REQUEST FOR PROPOSALS NO. 22-09-01
RESTAURANT LEASE AND OPERATIONS AT 18050 COLLINS AVENUE
OPENING DATE AND TIME: FRIDAY, OCTOBER 7, 2022 AT 11:00 AM
The Owner reserves the right to reject any or all Bids, with or without cause, to waive technical errors and
informalities, and to accept the Bid, which best serves the interest of, and represents the best value to, the
Owner in conformity with the criteria set forth in Section 62-8 of the Code of Ordinances of the City of Sunny
Isles Beach. Potential and actual proposers shall not solicit or otherwise communicate in any manner
whatsoever, directly or indirectly, with the City Council, City Manager, evaluation committee members, or
City staff, other than Purchasing Division personnel, regarding this RFP from the time of the RFP initial
release through the award.
The City will host a non-mandatory pre-proposal conference on TUESDAY, SEPTEMBER 20, 2022 AT 10:00 AM
at the Government Center, first floor conference room, followed by a site-visit to the restaurant facility.
All questions regarding this RFP shall be directed in writing to Purchasing by SEPTEMBER 22, 2022 AT 5:00 PM.
Questions must be submitted via email to: Purchasing@sibfl.net.
Pursuant to Florida Statutes 119.071, sealed bids, proposals or replies by an agency pursuant to a competitive
solicitation are exempt from inspection until such time as the agency provides notice of an intended decision or
until thirty (30) days after the opening of the bids, proposals, or final replies, whichever is earlier.
Mauricio Betancur, CMC, City Clerk,
City of Sunny Isles Beach
City of Sunny Isles Beach |Request for Proposals No. 22-09-01 4
SECTION 1
INSTRUCTIONS TO BIDDER / GENERAL TERMS AND CONDITIONS
THESE INSTRUCTIONS ARE STANDARD FOR ALL BID COMMODITIES/SERVICES ISSUED BY THE CITY OF SUNNY ISLES BEACH. THE CITY OF SUNNY ISLES BEACH MAY
DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR CONTRACT BY INDICATING SUCH CHANGE IN SPECIAL INSTRUCTIONS
TO BIDDERS OR IN THE BID SHEETS. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THE GENERAL CONDITIO0NS SHALL HAVE PRECEDENCE. BIDDER
AGREES THAT THE PROVISIONS INCLUDED WITHIN THIS BID OR RFP SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY STANDARD FORM CONTRACT
OF THE BIDDER REGARDLESS OF ANY LANGUAGE IN BIDDER’S CONTRACT TO THE CONTRARY.
1.1 CLARIFICATION/EXPLANATION/QUESTIONS:
Any questions concerning the Bid Specifications or any required
need for clarification must be addressed to Purchasing at
Purchasing@sibfl.net by the date mentioned above.
Interpretations or clarifications considered necessary by the
City will be issued by addenda and posted/disseminated by
DemandStar (www.demandstar.com) to all parties listed on the
official plan holders’ list as having received the Bid documents.
Only questions answered by written addenda shall be binding.
Oral interpretations or clarifications shall be without legal
effect. No plea of ignorance or delay or required need of
additional information shall exempt a Proposers from
submitting their Bid on the required date and time as publicly
noted.
1.2 PLAN HOLDER’S LIST:
As a convenience to vendors, the City of Sunny Isles Beach has
made available via internet lists of all plan holders for each
REQUEST FOR PROPOSALS. The information is available on-line
at www.demandstar.com or by calling the Office of the City
Clerk at (305) 792-1703.
1.3 ADDENDA TO SPECIFICATIONS:
If any addenda are issued after the initial specifications are
released, the City will post and disseminate the addenda
through DemandStar. For those projects with separate plans,
blue prints, or other materials that cannot be accessed through
the internet, the Office of the City Clerk will make good faith
effort to ensure that all registered proposers (those who have
been registered as receiving a Bid package) receive the
documents. It is the responsibility of the vendor prior to the
submission of any Bid to check the above website or contact the
Office of the City Clerk at (305) 792-1703 to verify any addenda
issued. The receipt of all addenda must be acknowledged on
the Bid Response Sheet.
1.4 SPECIAL ACCOMMODATIONS:
Any person requiring a special accommodation at a Pre-Bid
Conference or Bid/RFP/RFQ opening because of a disability
should call the Office of the City Clerk at (305) 792-1703 at lease
five (5) days prior to the Pre-Bid Conference or Bid/RFP/RFQ
opening. If you are hearing or speech impaired, please contact
the Office of the City Clerk by calling the City of Sunny Isles
Beach using the Florida Relay Service which can be reached at
1(800) 955-8771 (TDD).
1.5 PUBLIC ENTITY CRIMES STATEMENT:
Pursuant to the provisions of paragraph (2) (a) of section
287.133, Florida statutes -"a person or affiliate who has been
placed on the convicted vendor list following a conviction for a
public entity crime may not submit a Bid on a contract to
provide any goods or services to a public entity, may not submit
a Bid on a contract with a public entity for the construction or
repair of a public building or public work, may not submit Bids
on leases of real property to a public entity, may not be awarded
to perform work as a Contractor, supplier, sub-Contractor, or
consultant under a contract with any public entity, and may not
transact business with any public entity in excess of the
threshold amount provided in section 287.107, for category two
for a period of 36 months from the date of being placed on the
convicted vendor list”.
1.6 BID DEADLINE:
Bids must be submitted no later than the time and date shown
within this document.
1.7 SEALED BID:
The entire Bid Response Package shall be placed in an opaque
envelope (with all items listed on the Bid checklist form and all
other items required within this REQUEST FOR PROPOSALS must
be executed) and submitted in a sealed envelope.
1.8 BID EXECUTION, SIGNATURES, ERASURE/CORRECTION:
All Bids shall be signed in blue ink. All price quotes shall be
typewritten or printed with ink. All corrections made by the
proposers prior to the opening must be initialed and dated by
the proposers. No changes or corrections will be allowed after
Bids are opened. Bids must contain an original, manual
signature of an authorized representative of the company.
1.9 WITHDRAWAL OF BIDS:
Proposers may withdraw Bids only by written request and shall
forward the withdrawal request via “Certified U.S. Mail – Return
Receipt Requested” prior to the Bid opening time. Negligence
on the part of the Proposers in preparing the Bid confers no
right for the withdrawal of the Bid after it has been opened.
1.10 BID OPENING:
Bids will be opened publicly at the time and place stated in the
Notice to Bidder. It is the responsibility of the proposers to
insure that the Bid reaches the Office of the City Clerk on or
before the closing hour and date stated on the REQUEST FOR
PROPOSALS. After the Bid opening, the contents of the Bid
Form will be made public for the information of vendors and
City of Sunny Isles Beach |Request for Proposal No. 22-09-01 5
other interested parties who may be present either in person or
by representative. Bids that are received after the Bid opening
time will not be considered and will not be returned.
1.11 EVALUATION OF BIDS:
The City, at its sole discretion, reserves the right to inspect
any/all Proposers facilities to determine their capability of
meeting the requirements for the Contract. Also, price,
responsibility, and responsiveness of the Proposers, the
financial position, experience, staffing, equipment, materials,
references, and past history of service to the City and/or with
other units of state, and/or local governments in Florida, or
comparable private entities, will be taken into consideration in
the Award of the Contract.
1.11.1 Hold Harmless: All Proposer’s shall hold the City,
it's officials and employees harmless and covenant
not to sue the City, it's officials and employees in
reference to their decisions to reject, award, or not
award a Bid, as applicable.
1.11.2 Cancellation: Failure on the part of the Proposers
to comply with the conditions, specifications,
requirements, and terms as determined by the
City, shall be just cause for cancellation of the
Award.
1.11.3 Disputes: If any dispute concerning a question of
fact arises under the Contract, other than
termination for default or convenience, the
Contractor and the City department responsible
for the administration of the Contract shall make a
good faith effort to resolve the dispute. If the
dispute cannot be resolved by agreement, then the
department with the advice of the City Attorney
shall resolve the dispute and send a written copy of
its decision to the Contractor, which shall be
binding on both parties.
1.12 AGREEMENT:
After the Bid award, the City will, at its option, prepare an
Agreement (i.e., Lease Agreement) specifying the terms and
conditions resulting from the award of this Bid. The vendor will
have ten (10) calendar days after notification of the award by
the City to execute the Agreement and provide the required
Performance Bond.
The Proposers who has the Contract awarded to them and who
fails to execute the Agreement and furnish the Performance
Bond and Insurance Certificates within the specified time shall
forfeit the Bid Security that accompanied their Bid, and the Bid
Security shall be retained as liquidated damages by the City, and
it is agreed that this sum is a fair estimate of the amount of
damages the City will sustain in case the Proposers fails to enter
into the Contract and furnish the Bonds as herein before
provided. Bid Security deposited in the form of a cashier’s check
drawn on a local bank in good standing shall be subject to the
same requirements as a Bid Bond.
The performance of the City of Sunny Isles Beach of any of its
obligations under the agreement shall be subject to and
contingent upon the availability of funds lawfully expendable
for the purposes of the agreement for the current and any
future periods provided for within the Bid specifications.
1.13 PAYMENTS:
Payment will be made after commodities/services have been
received, accepted, and properly invoiced as indicated in the
contract and/or purchase order. Invoices must bear the
purchase order number.
1.14 BRAND NAMES:
If a brand name, make, of any "or equal" manufacturer trade
name, or vendor catalog is mentioned whether or not followed
by the words "approved equal" it is for the purpose of
establishing a grade or quality of material only. Vendor may
offer equals with appropriate identification, samples, and/or
specifications on such item(s). The City shall be the sole judge
concerning the merits of items Bid as equals.
1.15 MATERIAL:
Material(s) delivered to the City under this Bid shall remain the
property of the seller until accepted to the satisfaction of the
City. In the event materials supplied to City are found to be
defective or do not conform to specifications, the City reserves
the right to return the product(s) to the seller at the seller’s
expense.
1.16 SAMPLES:
Samples of items, when required, must be furnished by the
Proposers free of charge to the City. Each individual sample
must be labeled with the Proposers name and manufacturer's
brand name and delivered by them within ten (10) calendar
days of Proposers receipt of the “Notice to Proceed”, unless
schedule indicates a different time. If samples are requested
subsequent to the Bid opening, they should be delivered within
ten (10) calendar days of the request. The City will not be
responsible for returning samples.
1.17 QUANTITY GUARANTY:
No guaranty or warranty is given or implied by the City as to the
total amount that may or may not be purchased from any
resulting Contract or Award. These quantities are for Bid
purposes only and will be used for tabulation and presentation
of the Bid. The City reserves the right to increase or decrease
quantities as required, even significantly. The prices offered
herein and the percentage rate of discount applies to other
representative items not listed in this Bid.
1.18 GOVERNMENTAL RESTRICTIONS ON MATERIALS:
In the event any governmental restrictions may be imposed
which would necessitate alteration of the material quality,
workmanship, or performance of the items offered on this Bid
prior to their delivery, it shall be the responsibility of the
successful Proposers to notify the City at once, indicating in
their letter the specific regulation which required an alteration.
The City of Sunny Isles Beach reserves the right to accept any
such alteration, including any price adjustments occasioned
thereby, or to cancel at no further expense to the City.
1.19 SAFETY STANDARDS:
The Proposers warrants that the product(s) supplied to the City
conforms in all respects to the standards set forth in the
occupational safety and health act (OSHA) and its amendments.
City of Sunny Isles Beach |Request for Proposal No. 22-09-01 6
Bids must be accompanied by a materials data safety sheet
(MSDS) when applicable.
1.20 WARRANTIES:
Successful Proposers shall act as agent for the City in the follow-
up and compliance of all items under Warranty/Guaranty and
complete all forms for Warranty/Guarantee coverage under this
Contract.
1.21 COPYRIGHTS/PATENT RIGHTS:
Proposers warrants that there has been no violation of
copyrights or patent rights in manufacturing, producing or
selling of goods shipped or ordered, as a result of this Bid. The
seller agrees to indemnify City from any and all liability, loss, or
expense occasioned by any such violation.
1.22 LOCAL BUSINESS TAX (OCCUPATIONAL LICENSE
REGISTRATION):
The contractor shall be responsible for obtaining and
maintaining throughout the contract period his or her city and
county local business tax receipts. Each vendor submitting a Bid
on this REQUEST FOR PROPOSALS shall include a copy of the
company’s local business tax/occupational license(s) with the
Bid response. For information specific to City of Sunny Isles
Beach local business tax/occupational licenses, please call Code
Enforcement & Licensing at (305) 792-1705. If the contractor is
operating under a fictitious name as defined in Section 865.059,
Florida Statutes, proof of current registration with the Florida
Secretary of State shall be submitted with the Bid. A business
formed by an attorney actively licensed to practice law in this
state, by a person actively licensed by the Department of
Business and Professional Regulations or the Department of
Health for the purpose of practicing his or her licensed
profession, or by any corporation, partnership, or other
commercial entity that is actively organized or registered with
the Department of State shall submit a copy of the current
licensing from the appropriate agency and/or proof of current
active status with the Division of Corporations of the State of
Florida.
1.23 LIABILITY, INSURANCE, PERMITS AND LICENSES:
Proposers shall assume the full duty, obligation, and expense of
obtaining all necessary licenses, permits, inspections, and
insurance required. The Proposers shall be liable for any
damages or loss to the City occasioned by negligence of the
Proposers (or their agent) or any person the Proposers has
designated in the completion of their contract as a result of the
Bid. Contractor shall be required to furnish a copy of all licenses,
certificates of competency or other licensor requirements
necessary to practice their profession as required by Florida
State Statute, Miami-Dade County, and City of Sunny Isles Beach
Code. Contractors shall include current Miami-Dade County
Certificates of Competency. These documents shall be
furnished to the City along with the Bid response. Failure to
furnish these documents or to have required licensor will be
grounds for rejecting the Bid.
1.24 CERTIFICATE(S) OF INSURANCE:
Proposers shall furnish to the Office of the City Clerk, City of
Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach,
Florida 33160, certificate(s) of insurance which indicate that
insurance coverage has been obtained from an insurance
company authorized to do business in the State of Florida or
otherwise secured in a manner satisfactory to the City, for those
coverage types and amounts listed in this document, in an
amount equal to 100% of the requirements and shall be
presented to the City prior to issuance of any Contract(s) or
Award(s) Document(s). The City of Sunny Isles Beach shall be
named as "additional insured" with respect to this coverage.
The required certificates of insurance shall not only name the
types of policies provided, but shall also refer specifically to this
Bid and section. At the time of Bid submission the Proposers
must submit certificates of insurance as outlined in the General
Conditions section. All required insurances shall name the City
of Sunny Isles Beach as additional insured and such insurance
shall be issued by companies authorized to issue insurance in
the State of Florida. It shall be the responsibility of the
Proposers and insurer to notify the City Manager of the City of
Sunny Isles Beach of cancellation, lapse, or material
modification of any insurance policies insuring the Proposers,
which relate to the activities of such vendor and the City of
Sunny Isles Beach. Such notification shall be in writing, and shall
be submitted to the City finance support service director thirty
(30) days prior to cancellation of such policies. This requirement
shall be reflected on the certificate of insurance. Failure to fully
and satisfactorily comply with the city's insurance and bonding
requirements set forth herein will authorize the City Manager
to implement a rescission of the Bid award without further City
Commission action. The Proposers hereby holds the City
harmless and agrees to indemnify City and covenants not to sue
the City by virtue of such rescission.
1.25 ASSIGNMENT:
The Contractor shall not transfer or assign the performance
required by this Bid without prior written consent of the City
Manager. Any award issued pursuant to the REQUEST FOR
PROPOSALS and monies which may be due hereunder are not
assignable except with prior written approval of the City
Manager. Further, in the event that the majority ownership or
control of the Contractor changes hands subsequent to the
award of this contract, Contractor shall promptly notify City in
writing (via United States Postal Service – Certified Mail, Return
Receipt Requested) of such change in ownership or control at
least thirty (30) days prior to such change and City shall have the
right to terminate the contract upon sixty (60) days written
notice, at City’s sole discretion.
1.26 HOLD HARMLESS/INDEMNIFICATION:
The Contractor shall indemnify, hold harmless, and defend the
City of Sunny Isles Beach, it's officers, agents and employees
from and against any claims, demands or causes of action of
whatsoever kind or nature arising out of error, omission,
negligent act, conduct, or misconduct of the Contractor, their
agents, servants or employees in the provision of goods or the
performance of services pursuant to this Bid and / or from any
procurement decision of the City including without limitation,
awarding the Contract to the Contractor.
1.27 NON-CONFORMANCE TO CONTRACT:
The City of Sunny Isles Beach may withhold acceptance of, or
reject items which are found upon examination, not to meet the
specification requirements. Upon written notification of
City of Sunny Isles Beach |Request for Proposal No. 22-09-01 7
rejection, items shall be removed within (5) calendar days by the
vendor at their own expense and redelivered at their expense.
Rejected goods left longer than thirty (30) calendar days will be
regarded as abandoned and the City shall have the right to
dispose of them as its own property. Rejection for non-
conformance or failure to meet delivery schedules may result in
the Contractor being found in default.
1.28 DEFAULT PROVISION:
In case of default by the Proposers, the City of Sunny Isles Beach
may procure the articles or services from other sources and hold
the Proposers responsible for any excess costs occasioned or
incurred thereby.
1.29 SECONDARY/OTHER VENDORS:
The City reserves the right in the event the primary vendor
cannot provide an item(s) or service(s) in a timely manner as
requested, to seek other sources without violating the intent of
the Contract.
1.30 DEFINITIONS:
Wherever used in these General Conditions or in the other
Contract Documents, the following terms shall have the
meaning indicated which shall be applicable to both the
singular and plural thereof:
Acceptance: Acceptance by the City of the Work as
being fully complete in accordance
with the Contract Documents subject
to waiver of claims.
Agreement or Lease: The written Agreement (i.e., Lease
Agreement) between the City and the
Contractor covering the Work to be
performed, and the lease terms and
conditions, which includes the
Contract Documents. As used herein,
“Lease” shall have the same meaning
as “Agreement”.
Addenda: Written or graphic instruments issued
prior to the Bid Opening which modify
or interpret the Contract Documents,
Drawings and Specifications, by
addition, deletions, clarifications or
corrections.
Approved: Means approved by the City.
Bid or Proposal: The offer of the Proposers submitted
on the prescribed form setting forth
the prices for the Work to be
performed.
Proposers: Any person, firm or corporation
submitting a Bid for Work. As used
herein, “Firm”, “Proposing Firm”,
“Vendor” and “Bidder” shall have the
same meaning as “Proposers”. In any
resultant Agreement, the Proposer as
defined herein, shall mean the
Tenant.
Bonds: Bid, performance bond and other
instruments of security, furnished by
the Contractor and their surety in
accordance with the Contract
Documents and in accordance with
the law of the State of Florida.
Change Order: A written order to the Contractor
signed by the City authorizing an
addition, deletion or revision in the
Work, or an adjustment in the
Contract Price or the Contract Time
issued after execution of the
Agreement.
City: City of Sunny Isles Beach, 18070
Collins Avenue, Sunny Isles Beach,
Florida 33160.
Contract Documents: Contract Documents shall include,
Instructions to Proposers,
Contractor's Bid, the Bonds, the
Notice of Award, the Agreement
between the City and Contractor as
well as any addenda thereto, these
General Conditions, Special
Conditions, the Technical
Specifications, Drawings and
Modifications, Notice to Proceed,
REQUEST FOR PROPOSALS, Insurance
Certificates, Change Orders and
Acknowledgment of Conformance
with the City of Sunny Isles Beach.
Contract Price: The amount Tenant shall pay the City
base rent and a percentage rent based
on the Tenant’s net sales, in addition
to all other Impositions and payments
required under a resultant Lease.
Contract Time: The initial term and renewal terms, if
any, of the resultant Lease.
Contracting Officer: The individual who is authorized to
sign the contract documents on behalf
of the City’s governing body.
Contractor: The person, firm or corporation with
whom the City has executed this
Agreement. As used herein, “Tenant”
or “Operator” shall have the same
meaning as “Contractor”.
Day: A calendar day of twenty-four hours
measured from midnight to the next
midnight.
Field Order: A written order issued by the City
which clarifies or interprets the
Contract Documents or orders minor
changes in the Work.
Modification: Modification means any one of the
following: (a) a written amendment of
City of Sunny Isles Beach |Request for Proposal No. 22-09-01 8
the Contract Documents signed by
both parties, (b) a Change Order, (c) a
written clarification or interpretation
if issued by the City, or (d) a written
order for minor change or alteration in
the Work issued by the City. A
modification may only be issued after
execution of the Agreement.
Notice of Award: The written notice by City to the
apparent successful Proposers stating
that upon compliance with the
conditions precedent to be fulfilled by
him within the time specified, City will
execute and deliver the Agreement to
him.
Samples: Physical examples which illustrate
materials, equipment or workmanship
and establish standards by which the
Work will be judged.
Specifications: Those portions of the Contract
Documents consisting of written
technical descriptions of materials,
equipment, construction systems,
standards and workmanship as
applied to the Work.
Statement of Services: The form furnished by the City which
is to be used by the Contractor in
requesting progress payments.
Supplier: Any person or organization who
supplies materials or equipment for
the Work, including that fabricated to
a special design, but who does not
perform labor at the site.
Work: Any and all obligations, duties and
responsibilities necessary to the
successful completion of the Lease
assigned to or undertaken by Tenant
under the Contract Documents,
including all Tenant Improvements,
build-out obligations, labor, materials,
equipment and other incidentals, and
the furnishing thereof. Tenant
Improvements means all
improvements to the Premises of a
fixed and permanent nature, which
the Tenant shall construct or caused
to be constructed at its own expense,
including but not limited to all
furnishing, fixtures, and equipment
for the operation of the restaurant
(the "Tenant Improvements").
Written Notice: The term “Notice” as used herein shall
mean and include all written notices,
demands, instructions, claims,
approvals and disapproval’s required
to obtain compliance with Contract
requirements. Written notice shall be
deemed to have been duly served if
delivered in person to the individual
or to a member of the firm or to an
officer of the corporation for whom it
is intended, or to an authorized
representative or such individual,
firm, or corporation, or if delivered at
or sent by registered mail to the last
business address known to them who
gives the notice. Unless otherwise
stated in writing, any notice to or
demand upon the City under this
Contract shall be delivered to the City.
1.31 BID AWARD:
The City reserves the right to reject any and all Bids at its sole
discretion. Bids shall be awarded by the City after the City
performs all necessary searches, inquiries, exploration, and
analysis of the Bids. The RFP shall be awarded to the highest
ranked responsive and responsible Bidder whose Bid best
serves the interests of and represents the best value to the
City.No Notice of Award will be given until the City has
concluded any investigation(s) as they deem necessary to
establish the Proposer’s capability to perform the Services as
described in this RFP, ITB, RFQ or ITQ, as substantiated by the
required professional experience, client references, technical
knowledge and qualifications; and sufficient labor and
equipment to comply with the City’s established standards, as
well as the financial capability of the Proposer to perform the
Work in accordance with the Contract Documents to the
satisfaction of the City within the time prescribed. The City
reserves the right to reject the Bid of any Proposers on the basis
of these queries and investigations and who does not meet the
City’s satisfaction, even though the firm may be the lowest
dollars and cents Bid. In analyzing Bids, the City will also take
into consideration client references, past work experience and
work product, proven ability to satisfactorily perform. If the
Contract is awarded, the City will issue the Notice of Award and
give the successful Proposers a Contract for execution within
ninety (90) days after opening of Bids. The City specifically
reserves the right to award the contract to a proposer who is
not necessarily the lowest dollars and cents proposers on the
basis of the results of these queries and investigation(s).
1.32 EXECUTION OF AGREEMENT:
At least four counterparts of the Agreement, the Performance
Bond, the Certificates of Insurance and such other Documents
as required by the Contract Documents shall be executed and
delivered by Contractor to the City within ten (10) calendar days
of receipt of the Notice of Award.
1.33 LAWS AND REGULATIONS:
The Contractor will give all notices and comply with all laws,
ordinances, rules and regulations applicable to the Work. If the
Contractor observes that the Specifications are at variance
therewith, they will give the City prompt written notice thereof,
and any necessary changes shall be adjusted by an appropriate
modification. If the Contractor performs any Work knowing it
to be contrary to such laws, ordinances, rules and regulations,
and without such notice to the City, they will bear all costs
arising wherefrom.
1.34 TAXES:
City of Sunny Isles Beach |Request for Proposal No. 22-09-01 9
The City of Sunny Isles Beach is exempt from sales tax imposed
by the State and/or Federal Government. Florida Sales Tax
Exemption No. 23-00-477131-54C appears on each purchase
order. Exemption certificates are available upon request.
1.35 DUTY TO DEFEND, INDEMNIFY AND SAVE HARMLESS:
In consideration of the separate sum of twenty-five dollars
($25.00) and other valuable consideration, the Contractor shall
defend, indemnify and hold harmless the City, its officers,
agents and employees, from or on account of any injuries or
damages, received or sustained by any person or persons during
or on account of any operations connected with the Work
described in the Contract Documents, or by or in consequence
of any negligence in connection with the same; or by use of any
improper materials or by or on account of any act or omission
of the said Contractor or his Sub-Contractor, agents, servants or
employees. The Contractor will defend, indemnify and hold
harmless the City and their agents or employees from and
against all claims, damages, losses and expenses including
attorneys' fees arising out of or resulting from the performance
of the Work, provided that any such claim damage, loss or
expense (a) is attributable to bodily injury, sickness, disease or
death, or to injury to or destruction of tangible property (other
than Work itself) including the loss of use resulting wherefrom
and (b) is caused in whole or in part by any negligent act or
omission of the Contractor, Sub-Contractor, anyone directly or
indirectly employed by any of them or anyone for whose acts
any of them may be liable, regardless of whether or not it is
caused by a party indemnified hereunder. In the event that a
court of competent jurisdiction determines that Sec. 725.06 (2),
F.S. is applicable to this Work, then in lieu of the above
provisions of this section the parties agree that Contractor shall
indemnify, defend and hold harmless the City, their officers and
employees, to the fullest extent authorized by Sec. 725.06 (2)
F.S., which statutory provisions shall be deemed to be
incorporated herein by reference as if fully set forth herein. In
the event that any action or proceeding is brought against City
by reason of any such claim or demand, Contractor, upon
written notice from City shall defend such action or proceeding
by counsel satisfactory to City. The indemnification provided
above shall obligate Contractor to defend at its own expense or
to provide for such defense, at City’s option, any and all claims
of liability and all suits and actions of every name and
description that may be brought against City, excluding only
those which allege that the injuries arose out of the sole
negligence of City, which may result from the operations and
activities under this Contract whether the Work be performed
by Contractor, its Sub-Contractors, or by anyone directly or
indirectly employed by either.
1.36 DECISIONS ON DISAGREEMENTS:
The City will be the initial interpreter of the Technical
Specifications.
1.37 CITY MAY TERMINATE:
Default. The occurrence of any one or more of the following
events shall constitute a default by Tenant under the Lease:
1.37.1 Unless previously consented in writing by Landlord,
the failure of Tenant to operate the Premises with the Permitted
Use for more than 30 consecutive days, other than failure to
operate caused, in the reasonable opinion of Landlord, by a
casualty to the Premises.
1.37.2 The failure by Tenant to make any payment of Base
Monthly Rent, Percentage Rent, Impositions or any other
payment required to be made by Tenant hereunder, where such
failure shall continue for a period of seven (7) days.
1.37.3 Except as otherwise provided in the Lease, the
failure by Tenant to observe or perform any of the non-
monetary covenants, conditions, or provisions of the Lease to
be observed or performed by Tenant, where such failure shall
continue for a period of thirty (30) days after written notice
thereof from Landlord to Tenant; provided, however, that if the
nature of Tenant's noncompliance is such that more than thirty
(30) days are reasonably required for its cure, then Tenant shall
not be deemed to be in default if Tenant commences such cure
within said 30-day period and thereafter diligently prosecutes
such cure to completion and the final determination thereof.
1.37.4 The admission by Tenant of its inability to pay
debts as they mature.
1.37.5 Institution by or against Tenant of any bankruptcy,
insolvency, reorganization, receivership or other similar
proceeding involving the creditors of Tenant which, if instituted
against Tenant is not dismissed within sixty (60) days after the
commencement thereof;
1.37.6 The issuance or filing of any judgment, attachment,
levy, garnishment or the commencement of any related
proceeding or the commencement of any other judicial process
upon or with respect to Tenant, all or substantially all of the
assets of Tenant or the Premises.
1.37.7 Sale or other disposition by Tenant of substantially
all of its assets or
1.37.8 Dissolution, merger, consolidation, termination of
existence, insolvency, business failure or assignment for the
benefit of creditors of or by Tenant.
1.37.9 Any material statement, representation or
information made or furnished by or on behalf of Tenant to
Landlord in connection with or to induce Landlord to enter into
the Lease shall prove to be materially false or misleading when
made or furnished.
Remedies. Upon the occurrence of a default by Tenant pursuant
to the foregoing Section or otherwise in under the Lease,
Landlord may at any time thereafter, with or without notice or
demand and without limiting Landlord in the exercise of any
right or remedy which Landlord may have by reason of such
default:
Terminate Tenant's right to possession of the Premises by any
lawful means, in which case the Lease and the term hereof shall
terminate and Tenant shall immediately surrender possession
of the Premises to Landlord. In such event, Landlord shall be
entitled, at its option, and without notice to Tenant, to
accelerate the remaining rent due and to recover from Tenant
all damages incurred by Landlord by reason of Tenant's default.
Maintain Tenant's right to possession of the Premises by any
lawful means, in which case the Lease and the term hereof shall
continue in effect whether or not Tenant shall have vacated or
abandoned the Premises. In such event Landlord shall be
entitled to enforce all of Landlord 's rights and remedies under
the Lease, including the right to recover the rent as it becomes
due hereunder.
City of Sunny Isles Beach |Request for Proposal No. 22-09-01 10
Pursue any other remedy now or hereafter available to Landlord
under the laws or judicial decisions of the jurisdiction where the
Premises are located.
Cumulative Remedies. No remedy or election hereunder shall
be deemed exclusive but shall, wherever possible, be
cumulative with all other remedies provided in this Section or
otherwise available at law or in equity.
1.38 MISCELLANEOUS:
Proposers acknowledge the following miscellaneous
conditions:
1.38.1 Whenever any provision of the Contract
Documents requires the giving of written notice it
shall be deemed to have been validly given if
delivered in person to the individual or to a
member of the firm or to an officer of the
corporation for whom it is intended, or if delivered
at or sent by registered or certified mail, postage
prepaid, to the last business address known to
them who gives the notice.
1.38.2 The Contract Documents shall remain the property
of the City. The Contractor shall have the right to
keep one record set of the Contract Documents
upon completion of the Project.
1.38.3 The duties and obligations imposed by these
General Conditions, Special Conditions and
Supplemental Conditions and the rights and
remedies available hereunder, and, in particular
but without limitation, the warranties, guarantees
and obligations imposed upon Contractor and
those in the Special Conditions and the rights and
remedies available to the City, shall be in addition
to, and shall not be construed in any way as a
limitation of, any rights and remedies available by
law, by special guarantee or by other provisions of
the Contract Documents.
1.38.4 Should the City or the Contractor suffer injury or
damage to its person or property because of any
error, omission, or act of the other or of any of their
employees or agents or others for whose acts they
are legally liable, claim shall be made in writing to
the other party within a reasonable time of the first
observance of such in jury or damage.
1.39 WAIVER OF JURY TRIAL:
City and Contractor knowingly, irrevocably voluntarily and
intentionally waive any right either may have to a trial by jury in
State or Federal Court proceedings in respect to any action,
proceeding, lawsuit or counterclaim based upon the Contract
Documents or the performance of the Work there under.
1.40 GOVERNING LAW:
The Contract shall be construed in accordance with and
governed by the law of the State of Florida.
1.41 VENUE:
Venue of any action to enforce the Contract Documents shall be
in Miami-Dade County, Florida.
1.42 ARBITRATION:
It is the intention of the parties that whenever possible, if a
dispute or controversy arises hereunder then such dispute or
controversy shall be settled by arbitration in accordance with
the procedures, rules and regulations of the American
Arbitration Association. The decision rendered by the
Arbitrator shall be final and binding upon the parties and
judgment upon the award rendered by the arbitrator may be
entered in any court having jurisdiction. Arbitration shall be
held in Miami-Dade County, Florida. All costs of arbitration and
attorneys’ fees incurred by the parties shall be paid by the non-
prevailing party or, if neither party prevails on the whole, each
party shall be responsible for a portion of the costs of arbitration
and their respective attorneys’ fees as may be determined by
the court on confirmation.
1.43 PROJECT RECORDS:
City shall have right to inspect and copy during regular business
hours at City’s expense, the books and records and accounts of
Contractor which relate in any way to the Project, and to any
claim for additional compensation made by Contractor, and to
conduct an audit of the financial and accounting records of
Contractor which relate to the Project. Contractor shall retain
and make available to City all such books and records and
accounts, financial or otherwise, which relate to the Project and
to any claim for a period of three years following final
completion of the Project. During the Project and the three year
period following final completion of the Project, Contractor
shall provide City access to its books and records upon five days
written notice.
1.44 SEVERABILITY:
If any provision of the Contract or the application thereof to any
person or situation shall to any extent, be held invalid or
unenforceable, the remainder of the Contract, and the
application of such provisions to persons or situations other
than those as to which it shall have been held invalid or
unenforceable shall not be affected thereby, and shall continue
in full force and effect, and be enforced to the fullest extent
permitted by law.
1.45 INDEPENDENT CONTRACTOR:
The Contractor is an independent Contractor under the
Contract. Services provided by the Contractor shall be by
employees of the Contractor and subject to supervision by the
Contractor, and not as officers, employees, or agents of the City.
Personnel policies, tax responsibilities, social security and
health insurance, employee benefits, purchasing policies and
other similar administrative procedures, applicable to services
rendered under the Contract shall be those of the Contractor.
1.46 PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED
COMPANIES:
Pursuant to Florida Statutes Section 217.4725, contracting with
any entity that is listed on the Scrutinized Companies that
City of Sunny Isles Beach |Request for Proposal No. 22-09-01 11
Boycott Israel List or that is engaged in the boycott of Israel is
prohibited. Contractors must certify that the company is not
participating in a boycott of Israel. Any contract for goods or
services of One Million Dollars ($1,000,000) or more shall be
terminated at the City’s option if it is discovered that the entity
submitted false documents of certification, is listed on the
Scrutinized Companies with Activities in Sudan List, the
Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List, or has been engaged in business operations
in Cuba or Syria after July 1, 2018. Any contract entered into or
renewed after July 1, 2018 shall be terminated at the City’s
option if the company is listed on the Scrutinized Companies
that Boycott Israel List or engaged in the boycott of Israel.
Contractors must submit the certification that is attached to this
agreement. Submitting a false certification shall be deemed a
material breach of contract. The City shall provide notice, in
writing, to the Contractor of the City’s determination
concerning the false certification. The Contractor shall have
ninety (90) days following receipt of the notice to respond in
writing and demonstrate that the determination was in error. If
the Contractor does not demonstrate that the City’s
determination of false certification was made in error, then the
City shall have the right to terminate the contract and seek civil
remedies pursuant to Florida Statute Section 215.4725.
End of Section
City of Sunny Isles Beach |Request for Proposal No. 22-09-01 12
Section 2
Special Terms and Conditions
2.1 ABOUT THE CITY OF SUNNY ISLES BEACH:
The City of Sunny Isles Beach occupies 1.78 square miles in the northeastern corner of Miami-Dade County,
the most populated county in the State of Florida. With an estimated population of 22,348 people, Sunny
Isles Beach ranks 15 in population amongst the 34 municipalities in the County. The City is located on a
barrier island bounded by the Atlantic Ocean on the east and the Atlantic Intracoastal Waterway on the
west and has been developed primarily for residential purposes. The City was incorporated in 1997 and
operates under a mayor-commission-manager form of government.
The current population of the City of Sunny Isles Beach is 22,348 consisting primarily of young families as
well as a strong elderly population.
• Twenty-five percent of the population is 65 years or older and 13 percent of the population is
18 years or younger.
• Forty percent of the population is foreign born, primarily of Eastern European and Latin
American descent.
• Nearly three quarters of the population speak a language other than English at home, including
Russian, Spanish, Portuguese, French and Hebrew.
• The average household income is $52,060 and just over half of households are families, nearly
40 percent are married, and 15 percent are single.
• Ninety-four percent of the population has a high school degree, with approximately 45 percent
holding a bachelors’ degree or higher.
2.2 PURPOSE OF RFP:
The City of Sunny Isles Beach, Florida (the “City”), a municipality located in Miami-Dade County, Florida,
seeks the services of a firm (the “Tenant or “Operator”), to operate and lease a restaurant at 18050 Collins
Ave, Sunny Isles Beach, FL 33160, formerly known as Tony Romas. The one-story existing structure consists
of approximately 7,363 Square Feet, with 1521 SQ FT outside dining area allowed with 4 feet of accessibility.
Refer to Attachment “A” for renderings of restaurant facility location. The former restaurant provided both
indoor and outdoor seating, please see Exhibit “A” to review the licensed approved seating area. The
available outdoor seating capacity is to be determined.
The proposed lease agreement for this project contains standard terms and conditions and follows the
standard lease agreement format. To help facilitate a successful project, certain lease terms and conditions
may be subject to negotiation between the City and the Tenant, provided that the best interest of the City
is considered at all times.
2.3 CONE OF SILENCE:
All procurement solicitations, once released to the public and until an award recommendation has been
forwarded to the City Commission, by the City manager are under the “Cone of Silence.” Interested firms
City of Sunny Isles Beach |Request for Proposal No. 22-09-01 13
must direct any calls, emails, questions, inquiries, etc., to Purchasing at purchasing@sibfl.net. Violation of
the Cone of Silence by a particular proposer shall render the award to said Proposer voidable by the City
Commission.
2.4 ADDENDUMS, AMENDMENTS, CLARIFICATIONS:
The City of Sunny Isles beach reserves the right to make changes to the terms and conditions of this RFP
and/or the related Agreement at any time by issuance of written addendum/addenda, amendment(s), or
clarification(s). All questions will be answered via addendum posted on Demandstar. Interest firms are
solely responsible for monitoring DemandStar for any addendum(s) released associated to this RFP.
2.5 NON-MANDATORY PRE-PROPOSAL CONFERENCE AND SITE-VISIT:
A non-mandatory pre-proposal conference will be held on TUESDAY, SEPTEMBER 20, 2022 at 10:00 AM at
Sunny Isles Beach Government Center located at 18070 Collins Avenue Sunny Isles Beach, FL 33160; First
Floor Conference Room to discuss the special conditions and specifications included within this solicitation.
Proposers are requested to bring this solicitation document to the conference, as additional copies may not
be available.
A site walk-thru will be conducted immediately following the pre-proposal conference to allow firms to gain
familiarity with the site and the existing infrastructure. No questions that will change the Scope of this RFP
will be answered during the pre-proposal conference and site-visit. Firms have until the deadline indicated
on page 1 to submit questions.
Special Accommodations
Any person with a qualified disability requiring special accommodations at a pre-proposal conference,
public meeting, oral presentation and/or opening shall contact the Office of the City Clerk at (954) 457-
1340, at least five (5) working days prior to the event. If you are hearing or speech impaired, please contact
this office by using the Florida Relay Services which can be reached at 1 (800) 955-8771 (TDD).
2.6 MINIMUM QUALIFICATION REQUIREMENTS (MQRS):
In order to be considered responsive, Proposers shall, at a minimum, demonstrate compliance with the
requirements listed in this RFP. To be evaluated, all requested documentation and/or information shall be
provided in the Proposal to confirm that the Proposer has satisfied the criteria outlined in this document.
Proposers failing to meet these requirements may be deemed non-responsive.
The Proposer shall, at the time of Proposal submittal, time of award, and throughout the duration of the
Contract, continue to meet the criteria requirements as stated in this document.
a) The Proposing Firm must be licensed (or will become license upon award) under the appropriate
Florida state and Local laws with the licenses indicated below. Evidence must be included with
the firm’s response indicating that firm and all assigned key professional staff possess all licenses
and certifications required to undertake and complete the project:
City of Sunny Isles Beach |Request for Proposal No. 22-09-01 14
• Retail Beverage License Type – (if the intent is to serve alcohol in the proposed menu)
• Permanent Seating Food Service License Type
o Link to verify active license: http://www.myfloridalicense.com/dpr
• In addition to the above, the selected Proposer shall be responsible for any and all
licenses required for delivering such services in the State of Florida.
The name of the Firm or its authorized agents per Sunbiz must match the name(s) recorded on the
license. Proposing firm must provide a copy of the applicable license(s) with Firm’s response.
b) Proposing Firm must successfully operate (or have successfully operated) one (1) or more
permanent seating restaurants of similar or greater size, scope and complexity to the
specifications of the RFP, in the last five (5) years.
c) Firm shall provide a minimum of one (1) reference letter from a landlord in which Contractor
served as Primary tenant for a restaurant facility similar in size, OR Proposer must provide a good
standing bank reference reflecting their mortgage payment history within the last five years.
d) Firm(s) must submit audited financial statements for the past three (3) years, including an income
statement, a profit and loss statement, a balance sheet and a cash flow statement. In lieu of
audited financial statements, proposers may submit other evidence, acceptable to the City, of
financial responsibility. Such evidence may include but is not limited to letter(s) of credit with a
financial institution indicating the proposer's line of credit and the level of financing the institution
will offer the proposer for capital procurement or certified copy(ies) of federal income tax
return(s), and unaudited financial statements. Financial statements must be prepared in
accordance with Generally Accepted Accounting Principles (U.S. GAAP). This information will be
reviewed by a City CPA. - SUBMIT FINANCIAL STATEMENTS IN A SEPARATE SEALED
ENVELOPE TITLED “EXEMPT FROM PUBLIC RECORDS PER §119.071, FLA. STA.”
2.7 FUNDAMENTAL LEASE PROVISIONS:
The provisions in this section shall be referred to in the Lease as the “Fundamental Lease Provisions.” Unless
otherwise defined herein, capitalized terms used in the Lease shall have the meanings listed in the
Fundamental Lease Provisions.
Tentative Commencement Date: The tentative effective date of the lease agreement shall be thirty (30)
days from the date of award by the City Commission, and upon full
execution of the Lease (“Effective Date”). The tentative date of
restaurant opening to the public shall be One Hundred Eighty (180)
days from the Notice to Proceed (See Section 2.21), or sooner, if
possible.
Minimum Base Monthly Rental: $20,000 (minimum), subject to proration and adjustment as provided
in Section 2.14 below. Firms may propose a higher Base Monthly Rent
in Section 6.1.
City of Sunny Isles Beach |Request for Proposal No. 22-09-01 15
Base percentage rate: Firm must propose a base percentage rent in Section 6.1. The
percentage rate is subject to annual negotiated increases.
Landlord/Owner: City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Tenant: (TBD)
Premises: 18050 Collins Avenue
Sunny Isles Beach, FL 33160
Initial Term: Ten (10) years, commencing on the Commencement Date
Renewal Terms: Two (2) terms of five (5) years each, with rent due thereunder at
the then existing fair market value as determined by the City in
its sole reasonable discretion (i.e., adjusted for CPI).
2.8 TERM:
The Initial Term of the Lease shall be as set forth in the Fundamental Lease Provisions. Provided Proposer
is not then in default under this Lease, and subject to City approval, the Lease may be extended by the
number of the successive mutually agreeable written Renewal Terms described in the Fundamental Lease
Provisions. If Tenant wishes to exercise its option to renew the Lease, it shall provide the City written notice
of its election to extend the term of the Lease by not less than ninety (90) days prior to expiration of the
Initial Term or the then running Renewal Term, as the case may be. The terms and conditions of the Lease
shall apply during each Renewal Term.
2.9 LICENSES AND CITY PERMITS:
The Operator shall be required to obtain and maintain all governmental licenses or permits
required for the proper and lawful operation of the restaurant and activity carried on in the
Premises, including all licenses and permits to operate indoor and outdoor food services and to
serve alcohol, if applicable. Licensee shall conform to all licensing and/or permit requirements,
regulations and guidelines under the State of Florida Department of Agriculture and Consumer
Services Division of Food Safety, and/or the State of Florida Department of Business and
Professional Regulation, including, but not limited to the Department of Health, Building and Fire
of Miami Dade County, Florida and the Commission of Sunny Isles Beach ordinances and
regulations. Such proposer costs associated with regulatory requirements shall be taken into
consideration from the proposer, as depicted specifically within the body of the proposal.
City of Sunny Isles Beach |Request for Proposal No. 22-09-01 16
Damages, penalties and or fines imposed on the City or the Proposer for failure to obtain required
licenses, permits or fines shall be borne by the Proposer.
Information on the City’s permit fees can be accessed here: New Building Permit Fees - City of
Sunny Isles Beach (sibfl.net)
2.10 LIQUOR LICENSES (IF APPLICABLE TO THE PROPOSED MENU):
The Operator shall obtain and maintain all liquor licenses necessary to provide alcoholic beverage
services at the facility.
2.11 INSURANCE:
Comprehensive General Liability with minimum limits of Five Million Dollars ($5,000,000.00) per occurrence
combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded
on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without
restrictive endorsements, as filed by the Insurance Services Office, and must include:
o Premises and Operation
o Independent Contractors
o Products and/or Completed Operations Hazard
o Broad Form Property Damage
o Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless
and/or indemnification agreement.
o Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum
limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability.
o Builders Risk
o Business Interruption (not less than six months of Minimum monthly rent)
o Worker’s Compensation (as required by law)
o Primary and Non-Contributory to the General & Automobile Liability.
o Waiver of Subrogation” on behalf of the City of Sunny Isles Beach to the General Liability,
Automobile Liability, Liquor Liability and Workers’ Compensation.
Business Automobile Liability with minimum limits of Five Million Dollars ($5,000,000.00) per
occurrence combined single limit for Bodily Injury Liability and Property Damage Liability.
Coverage must be afforded on a form no more restrictive than the latest edition of the Business
Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services
Office, and must include:
o Owned Vehicles;
o Hired and Non-Owned Vehicles;
o Employers’ Non-Ownership;
o Liquor liability with minimum limits of Five Million Dollars ($5,000,000.00).
City of Sunny Isles Beach |Request for Proposal No. 22-09-01 17
At the time of Proposal submission, the Proposer will file and make sure that all certificates of
insurance required by this document and by the Contract are in the City’s possession. These
certificates shall contain a provision that the coverage afforded under the policies will not be
canceled or materially changed until at least thirty (30) days prior written notice has been given to
the City by certified mail. The City shall be named as an additional insured on the above-referenced
policies.
The Proposer agrees that if any part of the Work under the Contract is sublet, they will require the
Sub-Contractor(s) to carry insurance as required, and they will require the Sub-Contractor(s) to
furnish to them insurance certificates similar to those required by the City in this section.
2.11.1 CANCELLATION AND RE-INSURANCE
If any insurance should be canceled or changed by the insurance company or should any insurance
expire during the period of this contract, the Proposer shall be responsible for securing other
acceptable insurance to provide the coverage specified in this section to maintain coverage during
the life of this Contract. All deductibles must be declared by the Proposer and must be approved
by the City. At the option of the City, either the Proposer shall eliminate or reduce such deductible
or the Proposer shall procure a Bond, in a form satisfactory to the City, covering the same. New
certificates of insurance shall be provided to the City within 5 (five) business days of effective date
of such coverage.
The insurance requirements are subject to negotiations, contingent on the nature of the proposed
restaurant.
2.12.1 PAYMENT AND PERFORMANCE BOND
Prior to commencement of construction of the Tenant Improvements to the Leased Premises
contemplated by the Final Plans (as defined in Section 2.21 herein), Tenant shall provide
satisfactory proof that it has secured a statutory payment and performance bond pursuant to
Florida Statute Chapter 713 and Florida Statute Chapter 255 (for itself or from its respective
contractor(s)) for construction of the Tenant Improvements and infrastructure improvements
related thereto, if applicable, written by a corporate surety company on the U.S. Department of
Treasury’s current approved list of acceptable sureties on Federal Bonds, as found in the U.S.
Department of Treasury Circular No. 570, as same may be updated from time to time in the full
amount of any contract entered into by Tenant with said bonds being executed and issued by a
resident agent licensed by and having offices in the State of Florida representing such corporate
surety at the time such improvements are constructed, conditioned upon full and faithful
performance by Tenant or any contractor, if applicable, of such contract, and full payment to all
laborers and materialmen supplying labor or materials for such improvements. Such bonds shall
identify Landlord as an additional or dual obligee. If the bonds are provided by the contractor, the
bond shall provide that a default by Tenant in the performance of the contractor’s contract, shall
City of Sunny Isles Beach |Request for Proposal No. 22-09-01 18
not be raised as a defense to the Landlord as one of the obligee’s requiring performance of such
construction contract by the surety.
2.12 PAYMENT OF UTILITIES:
From and after the Effective Date, Tenant shall pay to the utility companies or other parties entitled to
payment for the cost of all water, heat, air conditioning, gas, electricity, telephone, and other utilities and
services provided to or for the Premises, including, without limitation, connection fees and taxes thereon.
Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility or other
service being furnished to the Premises, and no such failure or interruption shall entitle Tenant to any
abatement of, set off or reduction in the amounts payable to Landlord hereunder or otherwise entitle
Tenant to terminate this Lease.
2.13 RENT COMMENCEMENT DATE:
The tentative Rent Commencement Date shall be one hundred eighty (180) days from the Notice to Proceed
(See Section 2.21), or when the restaurant receives its Temporary Certificate of Occupancy, whichever
occurs first. Commencing on the Effective Date, Tenant is obligated to use its best possible efforts to
diligently pursue and obtain on the earliest possible date all necessary building permits and licenses at
Tenant’s sole cost and expense to construct Tenant’s Improvements. Tenant Improvements means all
improvements to the Premises of a fixed and permanent nature, which the Tenant shall construct or caused
to be constructed at its own expense, including but not limited to all furnishing, fixtures, and equipment for
the operation of the restaurant (the "Tenant Improvements" or “Work”). Tenant Improvements shall be
completed within one hundred eighty (180) days of the Notice to Proceed. Tenant’s failure to complete
Tenant Improvements within the one hundred eighty (180) days as set forth herein will not excuse Tenant’s
responsibility to pay Base Monthly Rent. There shall be no abatement in rent for Tenant’s failure to
complete the Tenant Improvements as set forth herein. Tenant’s performance of the Lease shall not be
excused under any circumstances if the failure or inability to obtain such licenses or permits is due to the
neglect or omission of Tenant. City shall provide Tenant with all reasonable cooperation in obtaining such
building permits and licenses.
2.14 BASE RENT:
Provided Tenant has complied with its Approval Obligation (as defined below), Base Monthly Rent will be
due to the Landlord on the 1st day each month commencing on the Rent Commencement Date.
Commencing on the Effective Date, Tenant is obligated to use its best possible efforts to diligently pursue
and obtain on the earliest possible date all necessary building permits and licenses at Tenant's sole cost and
expense (referred to in the Lease as Tenant's "Approval Obligation"). For the use and occupancy of the
Premises, Tenant shall pay Landlord the Base Monthly Rent, in advance, commencing on the Rent
Commencement Date and continuing on the first day of each calendar month thereafter during the Lease
Term, without any offset or deduction.
City of Sunny Isles Beach |Request for Proposal No. 22-09-01 19
Should the Lease Term commence on a day other than the first day of a calendar month, then the rental
for such first fractional month shall be computed on a daily basis for the period from the Commencement
Date to the end of such calendar month at an amount equal to 1/30th of the Base Monthly Rent for each
day. Should the Lease Term end on a day other than the last day of a calendar month, then the rental for
such fractional month shall be computed on a daily basis at an amount equal to 1/30th of the Base Monthly
Rent for each day. Tenant shall pay Landlord the Base Monthly Rent in lawful money of the United States
without deduction, setoff or counterclaim.
Rent shall be made payable to the City of Sunny Isles Beach C/O the City's Finance Department located at
18070 Collins Avenue, Sunny Isles Beach, FL 33160.
Base Monthly Rent shall be subject to annual increases in the Consumer Price Index ("CPI') on the first day
of the month of every year anniversary of the Lease Term and such revised amount shall be referred to
herein as the Base Monthly Rent. The sum so calculated shall constitute the new monthly Base Monthly
Rent until the following Rent Adjustment Period. In no event shall such new monthly Base Monthly Rent be
less than the Base Monthly Rent for the prior Rent Adjustment Period or represent an increase of more
than five percent (5%) from the Base Monthly Rent of the prior Rent Adjustment Period.
"CPI” as used herein, shall mean the Consumer Price Index for All urban Custom, U.S. City Average {1982-
84=100 unless otherwise noted]} published by the United States Department of Labor, Bureau of Labor
Statistics, or such equivalent index as may hereafter be published. If the Consumer Price Index is
discontinued or revised during the Lease year immediately preceding an adjustment date, such other
government index or computation with which it is replaced shall be used to obtain substantially the same
results as would be obtained if the Consumer Price Index had not been so discontinued or revised. For
purposes of computing the percentage increase in the CPI for any applicable period, the CPI for the month
nearest the commencement and expiration dates of the applicable Term shall be used.
2.15 PERCENTAGE RENT:
(i) In addition to the Base Monthly Rent, Tenant shall pay to Landlord Percentage Rent equal
to the amount by which of the proposed and negotiated percentage of all Net Sales (as
hereinafter defined) during each full or partial calendar year exceed the total annual Base
Rent provided under Paragraph 2.14, herein, for such year. Percentage Rent of Tenant's
Net Sales for the lease quarter shall be payable on a quarterly basis during the calendar
year, on or before the thirtieth (30th) day of the month following the end of each quarter.
(ii) The term "Net Sales" as used in this Lease shall include the entire gross receipts of every
kind and nature from the sales and services made in, upon, or from (e.g. catering services)
the premises, and promotional events, whether upon credit, for cash or credit; excepting
therefrom sales and similar taxes attributable to such sales which are charged to and
collected from the customer, customer discounts, refunds, voids, all complimentary or
promotional meals, and all meals of employees, management or corporate personnel
attendant to the extent no money is received for any of them.
City of Sunny Isles Beach |Request for Proposal No. 22-09-01 20
(iii) Tenant shall, in connection with all sales, utilize point of sale equipment which properly
records all such sales. Tenant shall keep in the demised premises or at some other location
a permanent and accurate set of books and records of all sales and revenues derived from
business conducted in the demised premises, including: catering records; records of voids
and refunds; tax reports; liquor tax returns; and such other records as may be needed to
permit an effective audit of sales. All such records shall be retained and preserved for at
least sixty (60) months (5 years) after the end of the calendar year to which they relate,
and shall be subject to inspection and audit by Landlord and its agents at all reasonable
times. On or before the 30th day after each lease year during the term hereof, including
renewals, tenant shall prepare and deliver to Landlord at the place then fixed for payment
of rent, a statement of Net Sales during the preceding lease year in such form as Landlord
may require, certified to be correct by Tenant or Tenant's authorized representative.
(iv) On or before the 30th day after the expiration of each lease year and the 30th day after
the expiration or termination of this Lease, Tenant shall deliver to Landlord at the place
last fixed for the payment of rent a statement, certified to be accurate and correct by
Tenant or Tenant's authorized representative, showing Net Sales during the lease year
preceding the date on which such statement is due. In the event any provision of this
Lease or the enforcement thereof by Landlord, requires accounting for Net Sales and the
payment of Percentage Rent for any period less than twelve (12) months, such shorter
period shall be treated as one ( 1) year for the purposes of an annual statement and such
statement shall be delivered to Landlord within thirty (30) days after termination of such
shorter period. With each such annual statement or statements for a shorter period,
Tenant shall pay to Landlord any and all sums due hereunder and then remaining unpaid
for the entire period covered by such statement.
(v) In the event Landlord desires to audit the reports of Net Sales submitted by Tenant (not
to exceed one (1) time per year) Landlord shall have the right to cause its auditors to audit
all books and records, wherever located, pertaining to sales made in or upon the demised
premises. Tenant shall promptly pay to Landlord any deficiency or Landlord shall promptly
refund to Tenant any overpayment, as the case may be, which is established by such
audit.
(vi) Impositions. In addition to the Rent, Tenant shall pay to the parties respectively entitled
thereto all impositions, insurance premiums and Taxes (as defined in Section 2.19 herein),
(collectively, the "Impositions"). If any such Impositions are allocated to Tenant, rather
than charged directly against Tenant or the demised premises, Landlord shall provide
Tenant with such support for such charges as Tenant may reasonably request. Tenant
shall furnish to Landlord, promptly upon request of Landlord official receipts or other
satisfactory proof evidencing payment of such Impositions.
2.16 LATE CHARGE:
If any installment of the Base Minimum Rent, Percentage Rent, any Imposition or any other payment
provided for under this Lease which is payable by Tenant is not received by Landlord within five (5) days of
the date when due, the Tenant shall immediately pay Landlord the amount of Five Hundred ($500) Dollars
City of Sunny Isles Beach |Request for Proposal No. 22-09-01 21
as a late charge (the "Late Charge"). Landlord and Tenant agree that the Late Charge represents a fair and
reasonable estimate of the costs that Landlord will incur by reason of any such late payment by Tenant.
Acceptance of the Late Charge by Landlord shall not constitute a waiver of Tenant's default with respect to
the overdue amount, nor prevent Landlord from exercising any other rights and remedies available to
Landlord under this Lease.
2.17 INTEREST ON OVERDUE AMOUNTS:
Landlord shall be entitled to collect interest at the rate of 18% from the date any sum is due to Landlord
until the date paid on any amounts that are not paid within ten (10) days of their due date under this Lease.
The right of Landlord to require payment of such interest and the obligation of Tenant to pay same shall be
deemed to be Additional Rent and shall not be in lieu of the right of Landlord to enforce other provisions in
this Lease and to pursue other remedies provided by law.
2.18 NET LEASE:
This Lease is what is commonly called a "triple net lease," it being understood that Landlord shall receive
the Base Monthly Rent free and clear of any and all Taxes, other Impositions, liens, charges, or expenses of
any nature whatsoever incurred in connection with the ownership and operation of the Premises.
2.19 PAYMENT OF TAXES:
As used herein, the term "Taxes" shall include:
2.19.1 any form of real estate tax or assessment, ad valorem tax or gross receipts tax, imposed by any
authority having the direct or indirect power to tax, including any city, county, state, or federal government,
or any school, agricultural, sanitary, fire, street, drainage, or other improvement district thereof, on, against
or with respect to the Premises, this Lease, any legal or equitable interest of Landlord or any superior
landlord in the Premises or in the real property of which the Premises are a part, Landlord's right to rent or
other income therefrom, and Landlord's business of leasing the Premises;
2.19.2 any tax, fee, levy, assessment, penalty, interest or other charge (i) in substitution of, partially or
totally, any tax, fee, levy, assessment, or charge hereinabove included within this definition of Taxes, or (ii)
any tax or increase in any tax which is imposed as a result of a transfer, either partial or total, of Landlord's
interest in the Premises to Tenant, or (iii) which is imposed by reason of this transaction, any modifications
or changes hereto, or any transfers hereof; and
2.19.3 all inspection fees, taxes, bonds, permits, certificates, assessments and sales, use, property or
other taxes, fees or tolls of any nature whatsoever (together with any related interest or penalties) now or
hereafter imposed against Landlord or Tenant by any federal, state, county or local governmental authority
upon or with respect to the Premises or the use thereof or upon the possession, leasing, use, operation or
other disposition thereof or upon the rents, receipts or earnings arising therefrom or upon or with respect
to this Lease; and
City of Sunny Isles Beach |Request for Proposal No. 22-09-01 22
2.19.4 all taxes assessed against and levied upon trade fixtures, furnishings, equipment, and all other
personal property of Tenant contained in the Premises or elsewhere, which Tenant shall cause to be
separately assessed and billed directly to Tenant.
Tenant shall pay when due or reimburse and indemnify and hold Landlord harmless from and against any
Taxes. Notwithstanding the foregoing, the term "Taxes" shall not include any general income taxes,
inheritance taxes, and estate taxes imposed upon Landlord.
TAXES TO BE PAID BY THE CITY AND THEN REIMBURSED BY THE CONTRACTOR
Tenant shall pay the Taxes applicable to the Premises during the Lease Term. Tenant shall issue the check
made payable to the City of Sunny Isles Beach. The City will invoice the Tenant the direct cost of the taxes.
Landlord shall provide Tenant with copies of any tax bills applicable to the Premises promptly after receipt
of such bills. All such payments shall be made at least 10 days prior to the delinquency date of such payment.
Tenant shall promptly furnish Landlord with satisfactory evidence that such Taxes have been paid. If any
such Taxes paid by Tenant shall cover any period of time prior to or after the expiration of the Lease Term,
Landlord shall reimburse Tenant to the extent required. If Tenant shall fail to pay any such Taxes, Landlord
shall have the right (but not the obligation) to pay the same, in which case Tenant shall repay such amount
plus any penalties and interest resulting therefrom to Landlord within 5 days after receipt of a bill therefor.
Tenant acknowledges and understands that it shall be responsible for paying all
Taxes for the entire term of the Agreement. In the event that the City terminates the Agreement (with or
without cause) after January 1st of a given year, or in the event the Agreement expires after January 1st of
a given year, the Contractor agrees to be solely responsible for the entire amount of Taxes assessed on the
Property for said year, without proration.
2.20 LIENS:
In connection with Alterations (as defined in Section 2.26 herein) or otherwise, Tenant shall do all things
necessary to prevent the filing of any mechanic's or materialman's liens against the Premises, or any part
thereof, or upon any interest of Landlord by reason of labor, services or materials supplied or claimed to
have been supplied to Tenant, or anyone holding the Premises, or any part thereof, through or under
Tenant. If any such lien shall at any time be filed against all or any portion of the Premises, Tenant shall
either cause same to be discharged of record within 30 days after the date of filing of same or, if Tenant in
good faith determines that such lien should be contested, Tenant shall either (i) bond over such lien in
accordance with applicable law, or (ii) furnish such security as Landlord shall determine to be necessary
and/or required to prevent any foreclosure proceedings against all or any portion of the Premises during
the pendency of such contest. If Tenant shall fail to discharge or bond over such lien or fail to furnish such
security within such period, then, in addition to any other right or remedy of Landlord resulting from said
default of Tenant, Landlord may, but shall not be obligated to, discharge the same either by paying the
amount claimed to be due or by procuring the discharge of such lien by giving security or in such other
manner as is, or may be, prescribed by law, and Tenant agrees to reimburse Landlord within 5 days after
demand for all costs, expenses, and other sums of money spent in connection therewith.
City of Sunny Isles Beach |Request for Proposal No. 22-09-01 23
2.21 WORK/TENANT IMPROVEMENTS AND NOTIFICATION TO BEGIN WORK SHALL BE GIVEN THROUGH A
NOTICE TO PROCEED:
Tenant, at its sole cost and expense, shall construct or cause to be constructed all Tenant Improvements on
the premises, substantially in accordance with the Final Plans and Specifications (the "Final Plans") to
be prepared by Tenant and submitted to City for approval. The Final Plans shall be submitted to the City
Manager or designee within thirty (30) days of the Effective Date of the Lease. The Final Plans shall provide
specific details and layout for the restaurant concept, and shall be subject to the approval of the City, which
approval will not be unreasonably withheld. At the expiration or termination of the Lease, all Tenant
Improvements shall be retained and owned by the City.
The Tenant shall neither commence any Work, nor enter a City work premise, until a written Notice to
Proceed (NTP) directing the Tenant to proceed with the Work has been received by the Tenant from the
City Manager; provided however, that such notification shall be superseded by any emergency work that
may be required in accordance with provisions included elsewhere in this solicitation and the lease. The
Tenant shall be required to obtain Final Completion of all Work (permit occupancy) and be ready to open
for operations within one hundred eighty (180) days from the date stated in the Notice to Proceed issued
by the City Manager.
2.22 MONTHLY PROGRESS REPORTS:
The City shall require that the successful Proposer provide monthly progress reports on the status of the
project. The report shall include at the minimum the following information;
• Background on the project itself
• An updated timeline including projected completions of portions of project
• Discussion of the achievements since last reporting
• Discussion of problems that have arisen
• Discussion of work that lies ahead
2.23 OBLIGATION TO REBUILD:
If any portion of the Premises is damaged or destroyed by fire or other casualty, Tenant shall forthwith give
notice there of to Landlord. Tenant shall obtain an estimate from a licensed architect or contractor of the
cost to complete such repair, restoration, rebuilding or replacement, and Tenant shall, at its sole cost and
expense, promptly repair, restore, rebuild or replace the damaged or destroyed improvements, fixtures,
equipment, and complete the same as soon as reasonably possible, to the condition they were in prior to
such damage or destruction, except for such changes in design or materials as may then be required by law.
In such event, Landlord shall, to the extent and at the times the proceeds of the insurance are made
available to Landlord, and only so long as Tenant shall not be in default under this Lease, deliver such funds
to Tenant for the making such repairs, restoration, rebuilding and replacement.
City of Sunny Isles Beach |Request for Proposal No. 22-09-01 24
2.24 CONTRACTOR INDEMNITY:
Tenant shall require any contractor performing any work in connection with its Improvements to indemnify
and hold Landlord (including its elected officials, officers, employees and agents) harmless from any and all
loss, damage, cost, or expense, including, but not limited to, attorney fees and court costs through all trial
and appellate levels with respect to personal injury, property damage or both caused by such contractor,
its subcontractors, agents and employees in connection with performing such work.
2.25 CASUALTY DURING LAST TWELVE MONTHS:
Notwithstanding the foregoing, if the Premises is damaged or destroyed by fire or other casualty during the
last twelve (12) months of the Initial Term or the then- running Renewal Term, Tenant may elect not to
rebuild and to terminate this Lease; provided that Landlord shall receive insurance proceeds in the
full amount of the casualty loss. In the event that Tenant elects to terminate this Lease and the insurance
proceeds are less than the amount of the unpaid rent for the balance of the Lease Term, tenant agrees to
pay the difference to Landlord in cash (or cash equivalent) within 5 days after receipt of a bill from Landlord.
2.26 ALTERATIONS:
I. Consent to Alterations. Subject to the prior written consent of Landlord, which consent shall not
be unreasonably withheld, Tenant may, at its sole cost and expense, make alterations,
replacements, additions, changes, and improvements (collectively referred to in this Article as
"Alterations") to the Premises as it may find necessary or convenient for its purposes, but only
after giving Landlord written notice thereof, together with copies of all architectural plans and
specifications relating to any such Alteration.
II. Ownership of Alterations. All Alterations made on the Premises shall become the property of
Landlord at the expiration or termination of the Lease Term and shall be surrendered with the
Premises.
III. Alterations Required by Law. Tenant shall, at its sole cost and expense, make any Alteration to or
on the Premises, or any part thereof, which may be necessary or required by reason of any law,
rule, regulation, or order promulgated by competent government authority.
IV. General Conditions Relating to Alterations. Any Tenant Alteration shall be subject to the following
conditions:
a. No Alteration shall be undertaken until Tenant shall have procured and paid for all
required permits and authorizations of all municipal departments and governmental
subdivisions having jurisdiction.
b. Any Alteration involving an estimated cost of more than $100,000 shall be conducted
under the supervision of a licensed architect or engineer selected by Tenant and
satisfactory to Landlord, and shall be made in accordance with detailed plans and
specifications and cost estimates prepared by such architect or engineer and approved in
City of Sunny Isles Beach |Request for Proposal No. 22-09-01 25
writing in advance by Landlord.
c. Any Alteration shall be made promptly and in a good workmanlike manner, by property
qualified and licensed personnel, and in compliance with all applicable permits and
authorizations and building and zoning laws and all laws, and in accordance with the
orders, rules and regulations of the Board of Fire Insurance Underwriters, if applicable,
and any other body hereafter exercising similar functions having or asserting jurisdiction
over the Premises.
d. No Alteration shall tie-in or connect any improvements to any building on the Premises
with any property outside the Premises without the prior written consent of landlord.
e. No Alteration shall reduce the value of the Premises or impair the structural integrity of
any building comprising apart of the premises.
V. If submitted proposals do not provide sufficient information in the conceptual drawings, plans,
documentation, and drawing notes, the Proposer is still responsible for a 100% complete project
as deemed acceptable by the City.
2.27 POLYSTYRENE (STYROFOAM) ADMINISTRATIVE POLICY:
City Ordinance 2021-564 (“Polystyrene Ordinance”) prohibits individuals and temporary vendors who are
located on or operating on City Property or a City Facility, as defined therein, from carrying or using
expanded polystyrene food service articles. In accordance with City’s Polystyrene Ordinance, Tenant shall
not carry or use any products that violate the City’s prohibition against carrying or use of expanded
polystyrene food service articles while utilizing the Premises. It shall be the sole responsibility of the Tenant
to ensure compliance with the City’s Polystyrene Ordinance.
Plastic Beverage Straws are prohibited in the Premises. As used herein, the term “Plastic Beverage Straw”
means a straw or stirrer provided, sold, or distributed for the purpose of imbibing liquids or transferring a
Beverage from its contained to the mouth of the drinker by suction or for the purpose of mixing a Beverage,
made predominately of plastic derived from either petroleum or a biologically-based polymer, and includes
compostable and biodegradable petroleum or biologically-based polymer straws and stirrers, but does not
include straws and stirrers that are made from non-plastic materials, such as paper, sugar cane, bamboo,
etc. This prohibition shall not apply to individuals with a disability or other impairment requiring use of a
Plastic Beverage Straw. Tenant shall not carry or use any Plastic Beverage Straws on the Premises in
violation of the City’s prohibition against the same.
A violation of this section shall be deemed a default under the terms of the Agreement. Click here to access
more information on the City’s E-committed campaign.
City of Sunny Isles Beach |Request for Proposal No. 22-09-01 26
2.28 ENVIRONMENTAL COMPLIANCE:
Tenant shall at all times during the Term keep the Premises free of Hazardous Materials (as defined below),
and neither Tenant nor any of its employees, agents, invitees, licensees, contractors or subtenants (if
permitted) shall use, generate, manufacture, refine, treat, process, produce, store, deposit, handle,
transport, release, or dispose of Hazardous Materials in, on or about the Premises or the Parcel, or the
groundwater of them in violation of any federal, state or municipal law, decision, statute, rule, ordinance
or regulation currently in existence or subsequently enacted or rendered. Tenant shall give Landlord prompt
written notice of any claim received by Tenant from any person, entity or governmental agency that a
release or disposal of Hazardous Materials has occurred on the Premises, or the parcel. As used in this
Lease, the term "Hazardous Materials" shall mean and be defined as any and all toxic or hazardous
substances, chemicals, materials or pollutants, of any kind or nature, including the disposal of grease or
grease products as a result of Tenant's restaurant operation which are regulated, governed, restricted or
prohibited by any federal, state or local law, decision, statute, rule, or ordinance currently in existence or
hereafter enacted or rendered. Tenant shall not discharge into any sanitary sewer system serving the
Premises any toxic or hazardous sewage or waste other than that which is normal domestic wastewater.
Any toxic or hazardous sewage or waste which is produced or generated by Tenant or in connection with
the operation of Tenant's business, including the disposal of grease generated as part of Tenant's restaurant
operation, shall be handled and disposed of as required by and in compliance with Applicable Laws or shall
be pretreated to the level of domestic wastewater prior to discharge into any sanitary sewer system serving
the Premises.
2.29 PUBLIC RECORDS LAW:
The City is subject to Chapter 119, Florida Statutes, “Public Records Law.” No claim of
confidentiality or proprietary information in all or any portion of a response will be honored unless
a specific exemption from the Public Law exists and is cited in the response. An incorrectly claimed
exemption does not disqualify the firm, only the exemption claimed. Contractor acknowledges
the public shall have access at all reasonable times, to all documents and information pertaining
to City’s contracts, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow
access by the City and the public to all documents subject to disclosures under applicable law. To
the extent that Contractor has been provided access to or has received security sensitive
information, as defined by Florida Statutes, Section 119.071 and/or has executed a Confidential
Information Acknowledgement and Agreement as part of the RFP process, Contractor shall keep
and maintain the security sensitive information as confidential and exempt from public
disclosures as required by Florida Statutes.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
SUCCESSFUL PROPOSER’S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT CITY OF SUNNY ISLES
City of Sunny Isles Beach |Request for Proposal No. 22-09-01 27
BEACH 18070 COLLINS AVENUE, SUNNY ISLES BEACH, FL
33160. THE CITY CLERK’S OFFICE MAY BE CONTACTED BY
PHONE AT (305) 792-1703 OR VIA EMAIL AT
MBetancur@sibfl.net.
END OF SECTION
City of Sunny Isles Beach |Request for Proposal No. 22-09-01 28
Section 3
Scope of Services / Technical Specifications
3.1 SCOPE OF SERVICES
The City of Sunny Isles Beach, Florida (the “City”), a municipality located in Miami-Dade County, Florida,
seeks the services of a firm (the “Tenant or “Operator”), to operate and lease a Restaurant at 18050 Collins
Ave, Sunny Isles Beach, FL 33160, formerly known as Tony Romas. The one-story structure consists of
approximately 7,363 Square Feet, with 1521 SQ FT outside dining area allowed with 4 feet accessibility.
Refer to Attachment “A” for renderings of restaurant facility location. The former restaurant provided both
indoor and outdoor seating, please see Exhibit “A” to review the licensed approved seating area. The
available outdoor seating capacity is to be determined.
The proposed lease agreement for this project contains standard terms and conditions and follows the
standard lease agreement format. In an effort to help facilitate a successful project, certain lease terms and
conditions may be subject to negotiation between the City and the Tenant, provided that the best interest
of the City is considered at all times. See Attachment “A” for renderings of restaurant facility location.
In addition to other items listed within this RFP, the services requested from the Proposer for this project
shall include, but shall not be limited to the following:
The City will require the Contractor to:
• Be licensed to operate food and beverage services within the licensed areas.
• Maintain the prescribed levels of insurance, to be established by the City.
• Be responsible for payment of all costs related to the interior build out, including but not limited
to, preparing of the architectural drawings and construction documents, application and permit
fees, and all costs of construction of the Improvements and acquisition of equipment.
• Be responsible for all utilities generally provided for the premises such as sewer and water service.
Be responsible for all janitorial services, both interior and exterior, servicing and maintenance of
facility, garbage removal service, any telephone, electricity and cable services and all other
services awardee obtains for the premises.
• Contractor to provide regular extermination services.
• Garbage: Tenant shall remove from the Premises or otherwise dispose of all garbage, debris and
other waste materials (whether solid or liquid) arising out of the use and occupancy of the
Premises or out of any operations conducted within or upon the Premises in accordance the
highest standards of sanitary practice and at all times in accordance with Applicable Laws. When
removing such waste, Tenant shall comply with all Applicable Laws relating to sanitation and
waste disposal. Any items shall be kept in suitable garbage and waste receptacles, as approved in
writing by Landlord. Tenant shall have the exclusive (non-public) use of the existing dumpster area
at which Tenant shall store its refuse, garbage and waste materials. Tenant shall enclose the
dumpster at Tenant's expense, which enclosure shall be erected and maintained in compliance
with the City Code of Ordinances. Contractor to dispose of all garbage and waste in designated
on-site dumpsters upon closing each evening. No garbage may be stored during business hours
within sight of the public.
City of Sunny Isles Beach |Request for Proposal No. 22-09-01 29
• Odor: Tenant shall not create nor permit to be caused or created upon the Premises any
obnoxious odors or smoke or noxious gases or vapors which would constitute a nuisance;
provided, however, that fumes resulting from the normal operations of vehicles or normal
business operations shall be excepted from this provision, unless same constitutes a legal
nuisance or as otherwise prohibited by Applicable Law.
• Contractor to provide consistent hours of operation, in accordance with the City’s Code, to be
approved by the City.
• Contractor to provide strong, professional customer service.
• Contractor to provide all food, beverages and supplies, and mechanisms for ordering and receiving
and maintaining accounts for food, beverages and supplies.
• Contractor shall meet all Health Department regulations and other applicable laws and
regulations in operating the restaurant.
• Operator shall prepare and submit to the City a statement of Gross Revenue earned from its
operations and management of the facility for each month of the Agreement, or unless otherwise
negotiated.
• Smoking inside and outside of the Premises is strictly prohibited.
• Noise: Audio decibels must comply with City Code of Ordinances, Chapter 193 - Noise. The Tenant
is responsible for monitoring noise levels with a sound decibel reading device, if necessary.
• Signage: The signage for the restaurant shall comply with all City zoning regulations and
requirements. All signs posted for events will comply with City Code of Ordinances, Chapter 265,
Article IX – Sign Regulations.
• Personnel: Recruit, train, supervise and employ adequate staff to efficiently operate the
restaurant during all normal hours of operation.
• Security: Provide adequate security for the Premises and all portions of them for the purposes of
protecting persons and property.
• Parking: Tenant shall have the non-exclusive right in common with the general public to utilize
the City’s municipal parking spaces located at the Government Center.
• Food/Inventory Delivery Trucks: Food or other delivery trucks shall not cause disruptions to the
Premises or cause loud noise. Deliveries must only be permitted between 11:00 PM and 6:00 AM.
• Food Couriers (e.g. UberEats, Grubhub, etc.): Food couriers are permitted as long as they do not
obstruct the flow of traffic on Collins Avenue or traffic to/from the Government Center, including
the driveway and parking lot.
• Menu: If proposed menu is changed after contract award, without the City’s written consent, this
shall be considered a contractual breach and subject to termination for cause.
3.2 MAINTENANCE AND REPAIRS
I. Tenant' s Obligations. Tenant shall, at its sole cost and expense, maintain in good repair, order,
and serviceable condition the interior of the Premises and every part thereof, including, without
limitation, all plumbing, ventilation, heating, air conditioning, and electrical systems and
equipment in, on, or exclusively serving, the Premises; and all windows, doors, plate glass, interior
walls, and ceilings which are part of the Premises. Keep and maintain the Premises at all times in
a clean and orderly condition and appearance.
II. Landlord's Obligations. Landlord have the obligation to repair and maintain the foundation,
City of Sunny Isles Beach |Request for Proposal No. 22-09-01 30
exterior walls, roof and utilities beyond connection to the building on the Premises, including
structural or nonstructural, ordinary or extraordinary.
III. Parties' Rights. If either party refuses or neglects to make repairs or maintain the
Premises, or any part thereof, in a manner reasonably satisfactory to the other, without prejudice
to any other remedy, upon giving 10 days prior written notice, such party shall have the right to
perform such maintenance or make such repairs on behalf of and for the account of the other. In
the event a party so elects, the other shall pay the cost of such repairs, maintenance, or
replacements within 5 days following receipt of a bill therefor. Tenant agrees to permit Landlord
or its agent to enter the Premises, upon reasonable notice by Landlord, during normal business
hours for the purpose of inspecting the Premises.
3.3 OPERATION PHASE
The selected Proposer shall operate the facility and related activities in a manner associated with
high quality food service standards. The scope of services, include but are not limited to:
A. Management and Operation Services
1. The restaurant shall have a family atmosphere and may have live entertainment. At no time
may the restaurant operate as a night club.
2. The selected Proposer's staff shall be distinctively uniformed so as to be distinguishable as the
selected Proposer's staff and not as employees of the City.
B. Food Service:
1. At a minimum, the Proposer shall provide food service at the Restaurant during regularly
scheduled operating hours as approved by the City, which may include breakfast, lunch and
dinner type service with or without alcoholic beverages to the general public seven days a
week. The selected Proposer shall be responsible for any and all licenses required for
delivering such services.
The selected Proposer may provide additional services for a fee, such as birthday parties,
catering, group sales, banquets, etc., only if it does not affect the general operation and
operating hours of the restaurant and does not interfere with the normal operations of
Government Center.
2. The selected Proposer shall maintain all food service amenities and equipment in a safe and
careful manner as outlined in the Florida Health Hygiene Codes and Standards (see
Attachment "B").
END OF SECTION
City of Sunny Isles Beach |Request for Proposal No. 22-09-01 31
Section 4
Evaluation Process
4.1 REVIEW OF PROPOSALS FOR RESPONSIVENESS
The purpose of the firm’s proposal is to demonstrate the qualifications, competence and
capacity of the firms seeking to undertake the referenced project herein in conformity
with the requirements of this request for proposal. As such, the substance of proposals
will carry more weight than their form or manner of presentation. The proposal should
demonstrate the qualifications of the firm and of the particular staff to be assigned to this
engagement.
Each proposal will be reviewed to determine if the proposal is responsive to the
submission requirements outlined in the solicitation. A responsive proposal is one which
follows the requirements of this solicitation: that includes all documentation, submitted
in the format outlined in this solicitation, of timely submission, and has the appropriate
signatures as required on each document. Failure to comply with these requirements may
result in the proposal being deemed non-responsive.
The Evaluation Committee shall review and evaluate the proposal(s) received in response
to this solicitation. The Evaluation Committee will be responsible for selecting the most
qualified Firm to contract with for the services described in this solicitation. The weighted
scoring criteria contained below in this solicitation, shall be the basis of selection.
4.2 EVALUATION CRITERIA: Proposals will be evaluated on the criteria listed below.
ITEM
# EVALUATION CRITERIA
MAXIMUM
POTENTIAL
POINTS
1. FIRM QUALIFICATIONS:
• Evidence of a positive reputation in the restaurant industry.
• Experience in restaurant/bar operations.
• Proposers with previous experience operating a restaurant on public property
and/or having two or more current successful restaurant operations may
receive higher points.
• Proposers with previous experience operating a successful restaurant.
• Relevant experience and qualifications of key personnel, including key
personnel of subcontractors that will be assigned to this project and
experience and qualifications of subcontractors.
• Include a copy of any and all professional licenses and certifications as
required to perform the services described herein and of the professional
licenses for each team member.
• Respondent must provide the resume(s) of the manager(s) and
representative(s) responsible for day-to-day operations and maintenance.
20
City of Sunny Isles Beach |Request for Proposal No. 22-09-01 32
2. PROJECT APPROACH:
• Proposers approach methodology to providing the services requested in this
solicitation.
• A description of the proposed motif, décor and equipment.
• Marketing Strategies- describe your marketing plan to attract and retain a
large customer base including local residents, nearby/onsite employees,
businesses tourist.
• Management Policies and Customer Service Structure.
• A floor plan sketch of the area to be leased to the Proposer with the expected
square foot usage listed.
• Provide sample menu and proposed prices for both the bar and the
restaurant.
• Provide the type of cuisine, what meals will be served e.g. breakfast, lunch or
dinner and, hours of operation.
• Describe routine procedures for maintaining restaurant standards to the
highest level, including, but not limited to cleanliness of the location,
cleanliness of fixtures, and the orderly and adequate display of décor and
glassware.
25
3. CAPITAL INVESTMENT:
• Estimated project costs and the total projected capital investment for the
initial build-out. The Capital Investment shall not include financing costs,
interest, and inventory. Expenditures for architectural services, engineering
services, materials, and construction may be counted toward the Capital
Investment.
10
4. FINANCIAL CAPABILITY: - SUBMIT IN A SEPARATE SEALED ENVELOPE
• Firm(s) must submit audited financial statements for the past three (3) years,
including an income statement, a profit and loss statement, a balance sheet
and a cash flow statement. In lieu of audited financial statements, proposers
may submit other evidence, acceptable to the City, of financial responsibility.
Such evidence may include but is not limited to letter(s) of credit with a
financial institution indicating the proposer's line of credit and the level of
financing the institution will offer the proposer for capital procurement or
certified copy(ies) of federal income tax return(s), and unaudited financial
statements.
10
5. REFERENCES:
• References are required as a component of due diligence to determine the
capability of the proposing Firm to be able to perform the required services.
10
6. PROPOSAL FEES (TO BE COMPLETED IN SECTION 6.1):
• Base Rent AND
• Percentage Rent
The City shall have the option to negotiate final fee with selected proposer.
25
TOTAL POINTS 100
City of Sunny Isles Beach |Request for Proposal No. 22-09-01 33
4.3 NEGOTIATIONS
The City may award a contract on the basis of initial offers received, without discussions.
Therefore, each initial offer should contain the Proposer’s best terms from a monetary
and technical standpoint.
Notwithstanding the foregoing, if the City and said Proposer(s) cannot reach agreement
on a contract, the City reserves the right to terminate negotiations and may, at the City
Manager’s or designee’s discretion, begin negotiations with the next highest ranked
proposer. This process may continue until a contract acceptable to the City has been
executed or all proposals are rejected. No Proposer shall have any rights against the City
arising from such negotiations or termination thereof.
Any Proposer recommended for negotiations may be required to provide updated
documents to the City as requested below:
a) Its most recent financial statements as of a date not earlier than the end of the
Proposer’s preceding official tax accounting period, together with a statement in
writing, signed by a duly authorized representative, stating that the present financial
condition is materially the same as that shown on the balance sheet and income
statement submitted, or with an explanation for material change in the financial
condition. A copy of the most recent business income tax return will be accepted if
appropriate financial statements are unavailable.
b) Information concerning any prior or pending litigation, either civil or criminal,
involving a governmental agency or which may affect the performance of services to
be rendered herein, in which the Proposer, any of its employees or subcontractors is
or has been involved within the last three years.
4.4 ORAL PRESENTATIONS
During the evaluation process, the committee may, at its discretion, request any one or
all Firms to make oral presentations. Such presentations will provide Firms with an
opportunity to answer any questions the committee may have on a Firm's proposal. Not
all firms may be asked to make such oral presentations. The committee reserves the right
to schedule a site visit to the proposed firm’s restaurant facility, if feasible. If food is
consumed during the visit, each evaluation member will pay out of pocket for their meal.
END OF SECTION
City of Sunny Isles Beach |Request for Proposal No. 22-09-01 34
Section 5
Proposal Format
5.0 MINIMUM QUALIFICATION REQUIREMENTS (MQRS)
5.1
Proposer must read the MQRs first to ensure your firm meets these requirements in order to
provide a response to this RFP. Firms that do not meet all the MQRs stated will be determined
non-responsive and disqualified from the evaluation process and will not be considered.
Proposer must provide all MQRs as requested, in addition to the information requested
below.
FORMAT:
Proposers must submit (1) original and five (5) copies and (1) USB drive of the Proposal.
The original Proposal must contain an original signature. Be sure that the individual signing
the Proposal is authorized to commit the Proposer's organization to the Proposal as submitted.
Each page of the Proposal should state the name of the Proposer, the RFP number, and the
page number. The City reserves the right to request additional data or material to support
Proposals. All material submitted in response to the RFP will become the property of the City.
LABEL EACH SECTION AS NUMBERED
The proposal must be in the following format.
1.COMPANY INFORMATION:
Name of Agency/Company (including any "Doing Business As" names)
Company Locations
Internet Web Site Address (if any)
Details of Entity Business Structure (Corporation, Partnership, LLC)
Date Founded
Home office address and telephone number, and local address and phone
number
List of any prior or pending litigation in which the Proposer, any of its employees
or subcontractors is or has been involved within the last three years
Proof of insurance
Email Address
W9
Address all Minimum Qualification Requirements
City of Sunny Isles Beach |Request for Proposal No. 22-09-01 35
2. QUALIFICATIONS:
Successful Proposers will be experienced business owners with a proven track record the
necessary capital to make this a viable business idea. Interested parties should provide
information indicating that they will be able to successfully operate their proposed
business as a tenant in the Restaurant, including the financial capacity to build out and
properly equip the facility in order to operate it. A résumé of relevant professional
experiences is required. Additionally, if the proposed business is an expansion of an
existing business, or if the Proposer is currently operating or has previously operated a
similar commercial business.
3. APPROACH / METHODOLOGY / STAFFING:
Proposers should provide a detailed description of the proposed business. At a minimum,
this description should include the following information:
• Types of products sold/services offered, including sample menu
• Estimated price points for said products/services and
• Proposed layout of seating areas
• The names of the employees in the area responsible for this contract
• Their function in the company
• The name of the person who will be responsible for the coordination of work
• Experience and qualifications of staff and satisfactory record of performance of staff
• Proposers should provide proposed hours of operation.
The proposed business should create an appealing concept that can serve as a catalyst for
increased activity at the Restaurant. Proposers should provide information that will allow
the City to understand the character, style and ambiance of the proposed business.
Proposers should provide descriptions and visual aids of proposed signage (if any), décor,
and proposed layout and styles of furniture. The plan should also include an assessment
of the target market and potential competition.
4. CAPITAL INVESTMENT:
Proposer shall submit the budget number for the build-out of the restaurant facility,
broken down into costs for Design and Construction phases.
5. FINANCIAL CAPABILITY: - SUBMIT FINANCIAL STATEMENTS IN A SEPARATE SEALED
ENVELOPE TITLED “EXEMPT FROM PUBLIC RECORDS PER §119.071, FLA. STA.”
Firm(s) must submit audited financial statements for the past three (3) years, including
an income statement, a profit and loss statement, a balance sheet and a cash flow
City of Sunny Isles Beach |Request for Proposal No. 22-09-01 36
statement. In lieu of audited financial statements, proposers may submit other evidence,
acceptable to the City, of financial responsibility. Such evidence may include but is not
limited to letter(s) of credit with a financial institution indicating the proposer's line of
credit and the level of financing the institution will offer the proposer for capital
procurement or certified copy(ies) of federal income tax return(s), and unaudited
financial statements.
6. REFERENCE(S) - PER MQR # 2
Firm shall provide a minimum of one (1) reference letter from a landlord in which
Contractor served as Primary tenant for a restaurant facility similar in size. OR, Proposer
must provide a good standing bank reference reflecting their mortgage payment history
within the last five years.
• The Reference must be supplied on bank/landlord holder’s Letterhead
• The Reference letter must be signed with contact person and phone number.
The City retains the right to request any additional information pertaining to the
Proposer's ability, qualifications, and procedures used to accomplish all work under the
contract as it deems necessary to ensure safe and satisfactory work.
7. PROPOSED RENTAL SCHEDULE
Each Proposer shall submit the chart below in their price proposal. Any pricing conditions
or contingencies must be clearly stated.
8. CONTRACT FORMS
All Proposers must complete and submit Bid Submittal Forms and Affidavits included in
this document.
9. EXCEPTIONS:
Firm must list any exceptions taken to the terms and condition in this RFP.
END OF SECTION
City of Sunny Isles Beach |Request for Proposal No. 22-09-01 37
SECTION 6.1
RENT PROPOSAL SHEET
I. Proposer must use the Proposal Sheet below to submit Proposer’s Base Monthly Rent and
Percentage Rent (as defined in Section 2.14 and 2.15) for the Lease.
II. Proposer must completely fill out each row below.
III. Not applicable or “N/A” is not acceptable and will cause Firm to be determined nonresponsive.
IV. An authorized officer per the Proposer’s Sunbiz, must sign this Rent Proposal Sheet.
It is the intent of the City to provide a restaurant facility with the best possible service to the
public. The City makes no guarantee that this project will be a financial success for the City or for
the selected Proposer. Each Proposer must fill in the boxes in all the columns in the table below:
City of Sunny Isles Beach |Request for Proposal No. 22-09-01 38
Proposed Lease Payments
Type of
Rent/Fees Description
1/1/2023-
12/31/2023
1/1/2024-
12/31/2024
1/1/2025-
12/31/2025
1/1/2026-
12/31/2026
1/1/2027-
12/31/2027
A
Base Monthly
Rent*
Based on
per square
foot
annually,
based on
square
footage in
design
proposed
by the
Proposer;
due
monthly.
(See 2.14) $ $ $ $ $
B
Annual Base
Monthly Rent (A x 12) $ $ $ $ $
C Percentage Rent
% of net
sales from
restaurant
sales; due
quarterly
(See 2.15) % % % % %
D
Projected Net
Sales
Projected
Annual
Gross
Receipts
(See 2.15
(ii)) $ $ $ $ $
E
Calculated
Percentage Rent (C x D) % % % % %
F
Estimated Total
Lease Payments (B + E) $ $ $ $ $
*Minimum proposed base monthly rent $20,000.
ENSURE TO TYPE IN YOUR RESPONSE ABOVE. DO NOT HAND WRITE IN THE PROPOSED NUMBERS.
I, __________________________________________, ________________________________
Name of authorized Officer per Sunbiz and/or legal documentation Title of
City of Sunny Isles Beach |Request for Proposal No. 22-09-01 39
________________________________________________________________________
Name of Firm as it appears on Sunbiz and/or legal documentation hereby attest that I have the
authority to sign this notarized certification and certify that the above referenced information is
true, complete and correct.
City of Sunny Isles Beach |Request for Proposal No. 22-09-01 40
DELIVER TO:
City of Sunny Isles Beach
Office of the City Clerk
18070 Collins Avenue
Sunny Isles Beach, FL 33160
REQUEST FOR PROPOSALS
SECTION 7
BID SUBMITTAL FORMS OPENING: 11:00 A.M.
October 7, 2022
PLEASE QUOTE PRICES F.O.B. DESTINATION, LESS TAXES, DELIVERED IN
CITY OF SUNNY ISLES BEACH, FLORIDA
NOTE: City of Sunny Isles Beach is exempt from all taxes (Federal, State, and Local). Bid price should be less all
taxes. Tax Exemption Certificate furnished upon request.
Issued by: Purchasing Agent Date Issued:
September 9, 2022
Sealed bids are subject to the Terms and Conditions of this Request for Proposal and the accompanying Bid
Submittal. Such other contract provisions, specifications, drawings or other data as are attached or incorporated by
reference in the Bid Submittal, will be received at the Office of the City Clerk at the address shown above until the
above stated time and date, and at that time, publicly opened for furnishing the supplies or services described in the
accompanying Bid Submittal Requirement.
RFP 22-09-01
Restaurant Lease and Operations at 18050 Collins Ave, Sunny Isles Beach
PURCHASING MANAGER: Firm Name:
GENESIS CUEVAS
________________________________________
RETURN ONE ORIGINAL, FIVE COPIES AND ONE USB OF SUBMITTAL PAGES AND AFFIDAVITS
FAILURE TO SIGN PAGE 42 OF THE BID SUBMITTAL WILL RENDER YOUR BID NON-RESPONSIVE.
City of Sunny Isles Beach |Request for Proposal No. 22-09-01 41
SECTION 8
BID SUBMITTAL FOR:
ACKNOWLEDGEMENT OF ADDENDA
INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES
PART I:
LIST BELOW ARE THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED IN CONNECTION WITH THIS BID
Addendum #1, Dated
Addendum #2, Dated
Addendum #3, Dated
Addendum #4, Dated
Addendum #5, Dated
Addendum #6, Dated
Addendum #7, Dated
Addendum #8, Dated
PART II: NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID
FIRM NAME:
AUTHORIZED SIGNATURE: DATE:
TITLE OF OFFICER:
City of Sunny Isles Beach |Request for Proposal No. 22-09-01 42
BID SUBMITTAL FORM
Restaurant Lease and Operations at 18050 Collins Ave, Sunny Isles Beach
The undersigned Proposer proposes and agrees, if this Bid is accepted, to enter into an agreement with The City of
Sunny Isles Beach to perform and furnish all Work within the time frame referenced herein and enter into a Lease
Agreement with the City as indicated in this Bid and in accordance with the other terms and conditions of the
Contract Documents.
The Proposers accepts all of the terms and conditions of the Request for Proposals and Instructions to Proposers,
including without limitation those dealing with the disposition of Bid Security. This Bid will remain subject to
acceptance for 90 days after the day of Bid opening. The Proposers agrees to sign and submit the Agreement with
the Bonds and other documents required by the Bidding Requirements within ten days after the date of the City’s
Notice of Award.
In submitting this Bid, the Proposer represents, as more fully set forth in the Agreement, that:
The Proposer has familiarized himself/herself with the nature and extent of the Contract
Documents, Work, site, locality, and all local conditions and Law and Regulations that in
any manner may affect cost, progress, performance, or furnishing of the Work.
The Proposer has studied carefully all reports and drawings of subsurface conditions and
drawings of physical conditions.
The Proposer has given the City written notice of all conflicts, errors, discrepancies that it
has discovered in the Contract Documents and the written resolution thereof by City is
acceptable to the Proposer.
This Bid is genuine and not made in the interest of or on behalf of any undisclosed person,
firm or corporation and is not submitted in conformity with any agreement or rules of any
group, association, organization, or corporation; the Proposer has not directly or
indirectly induced or solicited any other Proposers to submit a false or sham Bid; the
Proposer has not solicited or induced any person, firm or corporation to refrain from
Bidding; and Proposer has not sought by collusion to obtain for itself any advantage over
any other Proposers or over the City.
The City and the successful Proposer will establish completion times for each phase of the project and the successful
Proposer agrees that the work will be completed within the time frames agreed upon and stipulated in the Notice
to Proceed and Contact Documents.
Firm Name:
_____________________________________________________________________________
Street Address:
City of Sunny Isles Beach |Request for Proposal No. 22-09-01 43
_____________________________________________________________________________
Mailing Address (if different):
_____________________________________________________________________________
Telephone No. _______________________________Fax No. _________________________
Email Address: _______________________________FEIN No. __/__-__/__/__/__/__/__/__
*By signing this document the Proposer agrees to all Terms
Signature:
__________________________________________________________________
(Signature of authorized agent)
Print Name: _________________________
Title:_________________________________________
THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUND BY THE
TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED
REPRESENTATIVE SHALL RENDER THE PROPOSAL NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE
DISCRETION, ACCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS
THE PROPOSER TO THE TERMS OF ITS OFFER.
City of Sunny Isles Beach |Request for Proposal No. 22-09-01 44
REASON FOR “NO BID”
For firms choosing NOT to propose on this opportunity, the City appreciates your
response using this form.
Please return via email to Purchasing@sibfl.net.
Why did your firm choose not to respond to this opportunity?
Circle all that apply from below list: ____
a. We do not offer these services or equivalent.
b. Insufficient time to respond to the solicitation.
c. Our project schedule would not permit us to perform.
d. Unable to meet requirements.
Other:
City of Sunny Isles Beach |Request for Proposal No. 22-09-01 45
ATTACHMENT A
City of Sunny Isles Beach |Request for Proposal No. 22-09-01 46
AFFIDAVITS
NON-COLLUSION AFFIDAVIT
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
STATE OF FLORIDA )
)
COUNTY OF _____________)
The undersigned being first duly sworn as provided by law, deposes, and says:
This Affidavit is made with the knowledge and intent that it is to be filed with the City of Sunny Isles Beach City Commission and that it will be
relied upon by said County, in any consideration which may give to and any action it may take with respect to this Bid.
The undersigned is authorized to make this Affidavit on behalf of,
_____________________________________________________________
(Name of Corporation, Partnership, Individual, etc.)
a, ________________________________, formed under the laws of _____________
(Type of Business) (State)
of which he is ________________________________________________.
(Sole Owner, Partner, President, etc.)
Neither the undersigned nor any person, firm, or corporation named in above Paragraph 10.2, nor anyone else to the knowledge of the
undersigned, have themselves solicited or employed anyone else to solicit favorable action for this Bid by the City, also that no head of any
department or employee therein, or any officer of the City of Sunny Isles Beach, Florida is directly interested therein.
This Bid is genuine and not collusive or a sham; the person, firm or corporation named above in Paragraph 10.2 has not colluded, conspired,
connived or agreed directly or indirectly with any proposers or person, firm or corporation, to put in a sham Bid, or that such person, firm or
corporation, shall refrain from Bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication
or conference with any person, firm or corporation, to fix the prices of said Bid or Bids of any other proposers; and all statements contained in
the Bid or Bids described above true; and further; neither the undersigned, nor the person, firm or corporation named above in Paragraph
10.2, has directly or indirectly submitted said Bid or the contents thereof, or divulged information or data relative thereto, to any association or
to any member or agent thereof.
______________________________________________________________________
AFFIANT’S NAME AFFIANT’S TITLE
TAKEN, SWORN AND SUBSCRIBED TO BEFORE ME this _____ day of _______________________, 200_.
Personally Known ________ or Produced Identification ________;
Type of identification ___________________________________
(Affix seal here)
___________________________________
NOTARY PUBLIC (name printed or typed)
DECEMBER 28, 2010
PUBLIC ENTITY CRIMES
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a)
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
PUBLIC ENTITY CRIMES
Pursuant to the provisions of paragraph (2) (a) of Section 287.133, Florida State Statutes - "A person or affiliate
who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a
Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a
public entity for the construction or repair of a public building or public Work, may not submit Bids on leases of
real property to a public entity, may not be awarded to perform Work as a Contractor, supplier, Sub-Contractor, or
Consultant under a Contract with any public entity, and may not transact business with any public entity in excess
of the threshold amount Category Two of Sec. 287.017, FS for thirty six months from the date of being placed on
the convicted vendor list".
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
11.1. This sworn statement is submitted to City of Sunny Isles Beach _____________
by____________________________________________________________________________
[print individual’s name and title]
for____________________________________________________________________________
[print name of entity submitting sworn statement]
whose business address is:
_______________________________________________________________________________
_______________________________________________________________________________
and (if applicable) its Federal Employer Identification number (FEIN) is_____________________.
(If the entity had no FEIN, include the Social Security Number of the individual signing this sworn
statement:_________________________________.)
11.2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a
violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity or with an agency or political subdivision of any other state or with the
United States, including, but not limited to, any Bid or Contract for goods or services to be provided to any
public entity or an agency or political subdivision of any other state of the United States and involving
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.
11.3. I understand that "convicted" or "conviction" as defined in Para. 287.133(1)(b), Florida Statutes, means a
finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any
federal or state trail court of record relating to charges brought by indictment or information after July 1,
1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere.
11.4. I understand that an "affiliate" as defined in Para. 287.133(1)(a), Florida Statutes, means:
a.) predecessor or successor of a person convicted of a public entity crime; or
b.) Any entity under the control of any natural person who is active in the management of the entity
and who has been convicted of a public entity crime. The term "affiliate" includes those officers,
directors, executors, partners, shareholders, employees, members, and agents who are active in
the management of an affiliate. The ownership by one person of shares constituting a controlling
interest in another person, or a pooling of equipment or income among persons when not for fair
DECEMBER 28, 2010
market value under an arm's length agreement, shall be a prime facie case that one person
controls another person. A person who knowingly enters into a joint venture with a person who
has been convicted of a public entity crime in Florida during the preceding 36 months shall be
considered an affiliate.
11.5. I understand that a "person" as defined in Para. 287.133(1)(e), Florida Statutes, means any natural
person or entity organized under the laws of any state or of the United States with the legal power to
enter into a binding Contract and which Bids or applies to Bid on Contracts for the provision of goods or
services let by a public entity, or which otherwise transacts or applies to transact business with a public
entity. The term "persons" includes those officers, directors, executives, partners, shareholders,
employees, members, and agents who are active in management of any entity.
11.6. Based on information and belief, the statement which I have marked below is true in relation to the entity
submitting this sworn statement. (Indicate which statement applies.)
____ Neither the entity submitting this sworn statement, nor any of it's officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, nor any
affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,
1989.
____ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, or an
affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,
1989.
____ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, or an
affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,
1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of
Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer of the
State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer
determined that it was not in the public interest to place the entity submitting this sworn statement on the
convicted vendor list. (Attach a copy of the final order.)
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE
PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 11.1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND,
THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I
ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO
A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA
STATUTES, FOR CATEGORY TWO OF ANY, CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
By:
______________________________________
(Signature)
______________________________________
(Printed Name)
______________________________________
(Title)
Sworn to and subscribed before me this ______ day of_______________________, 20_____, by
__________________________________________________.
(AFFIX NOTARY STAMP HERE) ______________________________________
Signature: Notary Public – State of Florida
______________________________________
Personally Known __________ OR Produced Identification __________
roduced
________________________________ 10/1998
EQUAL OPPORTUNITY /
AFFIRMATIVE ACTION
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
EQUAL OPPORTUNITY/AFFIRMATIVE ACTION STATEMENT
The contractors and all subcontractors hereby agree to a commitment to the principles and
practices of equal opportunity in employment and to comply with the letter and spirit of
federal, state, and local laws and regulations prohibiting discrimination based on race,
color, religion, national region, sex, age, handicap, marital status, and political affiliation or
belief.
Signed: ________________________________________
Title: ________________________________________
Firm: ________________________________________
Address: ________________________________________
________________________________________
DECEMBER 28, 2010
CONFLICT OF INTEREST
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
CONFLICT OF INTEREST STATEMENT
The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. Proposers must
disclose with their Bids, the name of any officer, director, partner, associate or agent who is also an officer or employee of the
City of Sunny Isles Beach or its agencies.
STATE OF FLORIDA
COUNTY OF ___________________
BEFORE ME, the undersigned authority, personally appeared _____________________________, who was duly sworn,
deposes, and states:
18.1. I am the _________________________________________________ of
__________________________________with a local office in _____________________________ and principal office in
_____________________.
18.2. The above named entity is submitting a Bid for the City of Sunny Isles Beach, Bid No. ______________ described
as: Golden Shores Street Lighting. The Affiant has made diligent inquiry and provides the information contained in this
Affidavit based upon his own knowledge.
18.3 The Affiant states that only one submittal for the above Bid is being submitted and that the above named entity has
no financial interest in other entities submitting Bids for the same project.
18.4 Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in
any collusion, or otherwise taken any action in restraints of free competitive pricing in connection with the entity’s submittal for
the above Bid. This statement restricts the discussion of pricing data until the completion of negotiations if necessary and
execution of the Contract for this project.
18.5 Neither the entity nor its affiliates, nor any one associated with them, is presently suspended or otherwise ineligible from
participation in contract letting by any local, State, or Federal Agency.
18.6 Neither the entity, nor its affiliates, nor any one associated with them have any potential conflict of interest due to any
other clients, contracts, or property interests for this project.
18.7 I certify that no member of the entity’s ownership or management is presently applying for any employee position or
actively seeking an elected position with the City of Sunny Isles Beach.
18.8 I certify that no member of the entity’s ownership or management, or staff has a vested interest in any aspect of the City
of Sunny Isles Beach.
18.9 In the event that a conflict of interest is identified in the provision of services, I, on behalf of the above named entity, will
immediately notify the City of Sunny Isles Beach.
Dated this _________ day of _____________________________________, 2022.
_________________________________ _________________________________
AFFIANT Print or Type Name and Title
Sworn to and subscribed before me this _____ day of ______________________, 2022.
Personally Known ________ OR
Produced Identification ________; Type of Identification _________________________
__________________________________
NOTARY PUBLIC STATE OF FLORIDA
DECEMBER 28, 2010
DISPUTE DISCLOSURE
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
DISPUTE DISCLOSURE FORM
Answer the following questions by placing a “X” after “Yes” or “No”. If you answer “Yes”, please
explain in the space provided, or on a separate sheet attached to this form.
19.1. Has your firm or any of its officers, received a reprimand of any nature or been suspended by the
Department of Professional Regulations or any other regulatory agency or professional associations within the last
five (5) years?
YES __________ NO __________
19.2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a
contract or job related to the services your firm provides in the regular course of business within the last five (5)
years?
YES __________ NO __________
19.3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, Bid protests,
or litigation in the past five (5) years that is related to the services your firm provides in the regular course of
business?
YES __________ NO __________ If yes, state the nature of the request for equitable adjustment, contract
claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the
monetary amounts of extended contract time involved.
I hereby certify that all statements made are true and agree and understand that any misstatement or
misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of this Bid
for the City of Sunny Isles Beach.
________________________________________ ______________________________________
Firm Date
________________________________________ _______________________________________
Authorized Signature Print or Type Name and Title
DECEMBER 28, 2010
ANTI-KICKBACK
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
ANTI-KICKBACK AFFIDAVIT
STATE OF FLORIDA )
)
COUNTY OF ___________ )
I, the undersigned, hereby duly sworn and deposed say that no portion of this sum herein Bid
will be paid to any employees of the City of Sunny Isles Beach or its elected officials as a
commission, kickback, reward or gift, directly or indirectly by me or any member of my firm or
by an officer of the corporation.
By: ________________________________
Title: ________________________________
The foregoing instrument was acknowledged before me this _____ day of
__________________, 20____, by _________________________________________ [name
of person], as __________________________________ [type of authority], for
________________________________ [name of party on behalf of whom instrument was
executed].
AFFIX NOTARY STAMP HERE:
_______________________________
Notary Public – State of Florida
________________________________
Print or Type Commissioned Name
Personally Known __________ OR Produced Identification __________
Type of Identification Produced ________________________________
DECEMBER 28, 2010
CONTRACTOR ANTI-BOYCOTT CERTIFICATION
[PURSUANT TO FLORIDA STATUTE § 215.4725]
I, ___________________, on behalf of _________________________,
Print Name Company Name
certifies that___________________________ does not:
Company Name
1.Participate in a boycott of Israel; and
2.Is not on the Scrutinized Companies that Boycott Israel list; and
3.Is not on the Scrutinized Companies with Activities in Sudan List; and
4.Is not on the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List; and
5.Has not engaged in business operations in Cuba or Syria.
________________________________
Signature
________________________________
Title
________________________________
Date
9 OF 10
PERFORMANCE BOND
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606 Fax: (305) 949-3113
FORM OF PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That, pursuant to the requirements of Florida Statute 255.05, we,
___________________________________________________________, as Principal, hereinafter called
Contractor, and ________________________, as Surety, are bound to the City of Sunny
Isles Beach, Florida, as Obligee, hereinafter called City, in the amount of ________________________________
Dollars ($ _____________) for the payment whereof Contractor and Surety bind themselves, their heirs,
executors, administrators, successors and assigns, jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No, awarded the
day of , 20 , with in accordance with contract documents prepared by the City
of Sunny Isles Beach, which Contract is by reference made a part hereof, and is hereafter referred to as the
Contract;
THE CONDITION OF THIS BOND is that if the Contractor:
1.Fully performs the Contract between the Contractor and the City for services described within (Bid No.
_______________) within calendar days after the date of Contract commencement as specified in the
Notice to Proceed and in the manner prescribed in the Contract; and
2.Indemnifies and pays City all losses, damages (specifically including, but not limited to, damages for
delay and other consequential damages caused by or arising out of the acts, omissions or negligence of
Contractor), expenses, costs and attorney's fees including attorney's fees incurred in appellate proceedings, that
City sustains because of default by Contractor under the Contract; and
3.Upon notification by the City corrects any and all defective or faulty Work or materials which appear within
one and one half (1 1/2) years, and:
4.Performs the guarantee of all Work and materials furnished under the Contract for the time specified in
the Contract, then this Bond is void, otherwise it remains in full force. Whenever Contractor shall be, and
declared by City to be, in default under the Contract, the City having performed City’s obligations there under, the
Surety may promptly remedy the default, or shall promptly:
4.1. Complete the Contract in accordance with its terms and conditions; or
4.2. Obtain a Bid or Bids for completing the Contract in accordance with its terms and conditions,
and upon determination by Surety of the best, lowest, qualified, responsible and responsive
Proposers, or, if the City elects, upon determination by the City, and Surety jointly of the best,
lowest, qualified, responsible and responsive Proposers, arrange for a Contract between such
Proposers and City, and make available as Work progresses (even though there should be a
default or a succession of defaults under the Contract or Contracts of completion arranged
under this paragraph) sufficient funds to pay the cost of completion less the balance of the
Contract Price; but not exceeding, including other costs and damages for which the Surety
may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance
of the Contract Price." as used in this paragraph, shall mean the total amount payable by City
to Contractor under the Contract and any amendments thereto, less the amount properly paid
by City to Contractor.
No right of action shall accrue on this Bond to or for the use of any person or corporation other than the City
named herein.
10 of 10
The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and
compliance or noncompliance with any formalities connected with the Contract or the changes do not affect
Surety's obligation under this Bond.
Signed and sealed this day of , 20 .
WITNESS: BY:
(Name of Corporation)
_________________________
Secretary
(Signature)
(CORPORATE SEAL)
(Type Name and Title Signed Above)
IN THE PRESENCE OF; INSURANCE COMPANY:
BY:
*Agent and Attorney-in-Fact
*(Power of Attorney must be attached)
(Address)
______________________________
(City/State/Zip Code)
______________________________
(Telephone)
STATE OF FLORIDA
COUNTY OF _________________________
The foregoing instrument was acknowledged before me this _____ day of __________________,
20____, by _________________________________________________________ [name of person], as
__________________________________ [type of authority], for ________________________________ [name
of party on behalf of whom instrument was executed].
AFFIX NOTARY STAMP HERE: ______________________________________
Signature: Notary Public – State of Florida
______________________________________
Print or Type Commissioned Name
Personally Known __________ OR Produced Identification __________
Type of Identification Produced ________________________________
E-Verify Affidavit
Florida Statute 448.095 directs all public employers, including municipal governments, to verify the
employment eligibility of all new public employees through the U.S. Department of Homeland Security’s E-
Verify System, and further provides that a public employer may not enter into a contract unless each party
to the contract registers with and uses the E-Verify system.
Florida Statute 448.095 further provides that if a contractor enters into a contract with a subcontractor, the
subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ,
contract with, or subcontract with an unauthorized alien.
In accordance with Florida Statute 448.095, all contractors doing business with the City of Sunny Isles
Beach are required to verify employee eligibility using the E -Verify system for all existing and new
employees hired by the contractor during the contract term. Further, the contractor must also require and
maintain the statutorily required affidavit of its subcontractors. It is the responsibility of the awarded vendor to
ensure com pliance with E-Verify requirements (as applicable). To enroll in E-Verif y, employers should visit
the E-Verify website (https://www.e-verify.gov/employers/enrolling-in-e-verify) and follow the
instructions. The contractor must, as usual, retain the I-9 Forms for inspection.
By affixing your signature below you hereby affirm that you will comply with E-Verify requirements.
Company Name
Offeror Signature Date
Print Name Title
Federal Employer Identification Number (FEIN)
Notary Public Information
Sworn to and subscribed before me on this this day of , 2022.
By
Is personally known to me
Has produced identification (type of identification produced: )
Signature of Notary Public
Print or Stamp of Notary Public Expiration Date