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HomeMy WebLinkAboutRFP 24-02-02 Catering Services for the City's Anniversary1 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net REQUEST FOR PROPOSALS RFP #24-02-02 CATERING SERVICES FOR THE CITY’S ANNIVERSARY RELEASE DATE: February 28, 2024 VIRTUAL NON-MANDATORY PRE-PROPOSAL MEETING THURSDAY, MARCH 14, 2024 AT 11:00 AM ZOOM VIRTUAL MEETING: https://us02web.zoom.us/j/84502643709 ALL QUESTIONS DUE: FRIDAY, MARCH 15, 2024 AT 5:00 PM SUBMISSION DUE DATE: TUESDAY, MARCH 26, 2024 AT 11:00 AM SUBMIT ELECTRONIC PROPOSALS TO: RESPONDENTS SHALL SUBMIT ALL PROPOSALS ELECTRONICALLY THROUGH WWW.DEMANDSTAR.COM. THE CITY IS ONLY ACCEPTING ELECTRONIC SUBMITTALS VIA DEMANDSTAR AT WWW.DEMANDSTAR.COM 2 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net TABLE OF CONTENTS PAGE NO. LEGAL ADVERTISEMENT/ NOTICE TO FIRM 3 GENERAL TERMS & CONDITIONS 4 SPECIAL TERMS & CONDITIONS 11 SCOPE OF WORK / TECHNICAL SPECIFICATIONS 18 EVALUATION PROCESS 22 PROPOSAL FORMAT 24 PROPOSED PRICE SCHEDULE 27 BID SUBMITTAL FORM 28 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 EXHIBITS EXHIBIT A – FLOOR PLAN EXHIBIT B – ELECTRONIC SUBMISSION DEMANDSTAR 3 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net LEGAL ADVERTISEMENT NOTICE TO FIRM CATERING SERVICES FOR THE CITY'S ANNIVERSARY REQUEST FOR PROPOSALS NO. 24-02-02 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 RFP Specifications from sources other than DemandStar or the City of Sunny Isles Beach are cautioned that their RFP 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 TUESDAY, MARCH 26, 2024 on DemandStar.com. 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 at the Sunny Isles Beach Government Center located at 18070 Collins Avenue, 1st floor conference RM., Sunny Isles Beach, Florida, 33160. RFP 24-02-02 CATERING SERVICES FOR THE CITY'S ANNIVERSARY OPENING DATE AND TIME: TUESDAY, MARCH 26, 2024 AT 11:00 AM The City reserves the right to reject any or all Bids, with or without cause, to waive technical errors and informalities, and to accept the Bid, which best serves the interest of, and represents the best value to, the City 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 Commission, 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 virtual non-mandatory pre-proposal conference on THURSDAY, MARCH 14, 2024 AT 11:00 AM. Virtually via Zoom: https://us02web.zoom.us/j/84502643709. All questions regarding this RFP shall be directed in writing to Purchasing by FRIDAY, MARCH 15, 2024 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 4 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 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 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 5 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 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. 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 6 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 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 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. 7 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 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 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: 8 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 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: 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 9 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 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. 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. 10 CITY OF SUNNY ISLES BEACH 18070 Collins Ave. | Sunny Isles Beach, FL 33160 305.792.1707 | sibfl.net | Purchasing@sibfl.net 1.46 PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES: Pursuant to Florida Statutes Section 287.135, and subject to limited exceptions contained therein, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with an agency or local governmental entity for goods or services if at the time of bidding, submitting a proposal for, or entering into or renewing a contract, the company is on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel. 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 company submitted a false certification, or at the time of bidding, submitting a proposal for, or entering into or renewing a contract, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, created pursuant to Florida Statute Section 215.473, or is 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. 1.47 Prohibition Against Considering Social, Political or Ideological Interests In Government Contracting Bidders are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the City will not request documentation of or consider a Bidder's social, political, or ideological interests when determining if the Bidder is a responsible Bidder. Bidders are further notified that the City's governing body may not give preference to a Bidder based on the Bidder's social, political, or ideological interests. End of Section CATERING SERVICES # 24-02-02 Section 2 Special Terms and Conditions 2.1 PURPOSE OF REQUEST: The City of Sunny Isles Beach, Florida, (the “City”) a municipality located in Miami-Dade County, Florida, seeks to establish a contract with a qualified caterer “(the “Caterer,” “Firm,” or the “Proposer”) to provide food and beverages (including alcohol) catering services for the City’s anniversary in full accordance with the terms, conditions, and specifications contained in this Request for Proposals (RFP). To be eligible for award of a contract in response to this solicitation, the Caterer must demonstrate that they have successfully completed services, as specified in the Technical Specifications / Scope of Services section of this solicitation, are normally and routinely engaged in performing such services, and are properly and legally licensed to perform such work. All activities of the Caterer must comply with all applicable provisions of health, safety, sanitation, fire, and building codes, and provide all necessary tools and/or equipment to complete assigned services. All Caterers’ employees engaged in the preparing, handling, serving, and storing of food, must meet and maintain State and Local Health Department requirements, including certification(s) to serve food to the public at temporary events. The Caterer shall sell only foods that comply with all applicable federal, state, and local laws, acts, orders, or regulations including, without limitation on the generality of the foregoing. 2.2 VIRTUAL NON-MANDATORY PRE-PROPOSAL CONFERENCE A non-mandatory pre-proposal conference will be held on THURSDAY, MARCH 14, 2024 AT 11:00 AM at virtually via Zoom, to discuss the special conditions and specifications included within this solicitation. It is strongly encouraged that Firms interested in proposing to this RFP attend the meeting as a tool to be successful in responding to the City’s solicitation. Meeting ID: 845 0264 3709 https://us02web.zoom.us/j/84502643709 2.2 MINIMUM QUALIFICATION REQUIREMENTS (MQRS) 1. Please read the MQRs to ensure the Firm meets these requirements prior to submitting a response to this RFP. 2. All Minimum Qualification Requirements (MQRs) must be submitted with Firm’s response. 3. Firms that do not comply with MQRs may be determined non-responsive and disqualified. a. The Prime or Sub-Contractor Firm shall hold the proper license from the Department of Business and Professional Regulation's to perform the Scope of Work set forth within this solicitation to include being licensed with a Catering License/and/or Permanent Food Service License, Retail Beverage License, and caterer license for beer, wine and liquor consumption on premises (13ct) along with registration to conduct business in the State of Florida in all required disciplines. Proposing Firm must provide a copy of the applicable CATERING SERVICES # 24-02-02 license(s) with Firm’s response. Should the Caterer offer alcoholic beverages as part of its Catering Services, the Caterer shall, at all times, exercise total independent, prudent, reasonable experienced judgment in the service of alcoholic beverages by licensed bartenders. The Caterer shall take extreme care and ensure that no alcoholic beverages are given to minors and will comply with all applicable laws and regulations. Any service of alcohol to a minor by the Caterer may result in the Caterer’s immediate removal and contract default. b. The Prime Proposer must demonstrate successfully having performed at least five (5) catering of similar or greater size, scope, and complexity to the specifications of the RFP within the last two (2) years, 2021-2023. The Proposer must be regularly engaged in food service including, but not limited to restaurants, catering companies, or other similar food industry businesses. c. The Proposer shall provide reference letters for no less than three (3) clients in which the Proposer served as Prime Firm for projects similar in size and scope within the last two (2) years, 2021-2023. Please note that the references must be for the same projects in response to MQR “b” above. 2.4 TERM OF CONTRACT This contract will commence upon execution by both parties which shall be the effective for one (1) year, succeeding approval of the contract by the City Commission, or designee, unless otherwise stipulated in the PO order. The contract shall be contingent upon the completion and submittal of all required documents. This contract shall remain in effect until the completion of services, provided that the services rendered by Firm during the contract period are satisfactory and that City funding is available as appropriated on an annual basis. However, in the event funding is not appropriated on an annual basis during any particular year within the contract period, the contract may be canceled upon thirty (30) days written notice to Firm. In such an event, the City shall only be responsible for the reasonable value of services performed prior to the effective date of termination. 2.4.1 OPTIONS TO RENEW Prior to, or upon completion, of the first initial one (1) year term, the City shall have the option at its sole discretion to renew the contract for an additional four (4) one-year renewals. The contractor agrees not to assign or transfer the contract, or any portion thereof, without written approval of the City of Sunny Isles Beach. 2.5 METHOD OF AWARD The proposal must address all points outlined in the specifications of this RFP. The proposal must provide clear and concise information of the Proposer’s capability to satisfy the requirements of the RFP. See section 4 of this solicitation. CATERING SERVICES # 24-02-02 2.6 PRICE The prices proposed by the selected vendor shall remain fixed and firm during the term of contract, in addition to the prices quoted for the optional four renewal periods. The bidder’s quoted price must include all labor cost and total cost of providing services including, but not limited to, the following: overhead, set-up and tear down, profit, travel time, service charges, gratuity, delivery, potable water, fuel, propane, generators, food products and transportation, beverages, ice, all necessary catering equipment including refrigeration, warming units, serving items, carry out food containers, utensils, napkins, and fringe benefits. The awarded proposer agrees to keep this offer open for acceptance for One Hundred Twenty Days (120) after date of opening the proposals. 2.7 LIQUIDATED DAMAGES Failure to furnish Catering on the approved date of event shall obligate the awarded Contractor to pay the City, as liquidated damages and not as a penalty, a minimum amount equal to Fifteen Thousand Dollars $15,000. In the event the awarded firm fails to supply the contract requirements, the city also reserves the right to secure services from another catering company and bill the at-fault caterer for all cost. The Contractor shall bear all costs of correcting such Performance deficiency. 2.8 PERFORMANCE BOND Intentionally Omitted 2.9 DELIVERY F.O.B. Destination. Samson Oceanfront Park, 17425 Collins Ave, Sunny Isles Beach, FL 33160, including but not limited to any other designated areas within City limits. Location of anniversary is subject to change every year, however location will remain within city limits. 2.10 BACKGROUND CHECKS – LEVEL 2 The successful bidder and all personnel employed by them shall be required, at their sole cost and expense, to pass a criminal background check prior to award of the contract, and every renewal term, which background check shall be facilitated through the City’s Human Resources Department. Contractor expressly understands and agrees that a duty is hereby created under the Contract that requires Contractor to provide ongoing disclosure throughout the term of the Contract as provided for herein relative to the criminal background screening required by this Section. The criminal background check shall consist of a Florida department of Law Enforcement ("FDLE") Florida crime information center/national crime information center ("FCIC/NCIC") criminal records check. Any employee not meeting this requirement will not be permitted to work at any city facility. The successful proposer shall be required to coordinate the criminal background checks through the City by contacting Human Resources at 305-792-1708. The cost CATERING SERVICES # 24-02-02 of the fingerprints is $67.75 per person. 2.11 INSURANCE Upon City’s notification, the Firm shall furnish to the City Manager or his designee, Certificates of Insurance that indicate that insurance coverage has been obtained, which meet the requirements as outlined below: 2.11.1 Comprehensive General Liability Insurance Contractor shall be required to purchase, maintain, and keep in full force, effect, and good standing, Comprehensive General Liability with primary limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate during the initial and any renewal term of this Agreement. 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: • Premises and Ongoing Completed Operations – on a primary and non- contributory basis including waiver of subrogation on behalf of the City of Sunny Isles Beach. • Independent Contractors • Broad Form Property Damage • Broad Form Contractual Coverage applicable to this specific Contract, including any hold • Harmless and/or indemnification agreement. • Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 2.11.2 Umbrella Insurance (Follow-form) Contractor shall be required to purchase, maintain, and keep in full force, effect, and good standing, Umbrella Liability Insurance above the primary commercial general liability, automobile liability, and employers' liability policies required herein. The limit shall not be less than One Million Dollars ($1,000,000.00) each occurrence and annual aggregate per occurrence during the initial and any renewal term of this Agreement. 2.11.3 Worker’s Compensation Insurance Worker's Compensation Insurance for statutory obligations imposed by Worker's Compensation or Occupational Disease Laws, including, where applicable, the United States Longshoremen's and Harbor Worker's Act, the Federal Employers’ Liability Act and the Homes Act. Employer's Liability Insurance shall be provided with a minimum of One Million Dollars ($1,000,000.00) per accident. Contractor agrees to be responsible for the CATERING SERVICES # 24-02-02 employment, conduct and control of its employees and for any injury sustained by such employees in the course of their employment. 2.11.4 Business Automobile Liability Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: • Owned Vehicles; • Hired and Non-Owned Vehicles; • Employers’ Non-City ship. Before starting the Work, the Bidder 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 Bidder agrees that if any part of the Work under the Contract is sublet, they will require the Sub-Contractor(s) to carry insurance as required, and that they will require the Sub-Contractor(s) to furnish to them insurance certificates similar to those required by the City in this section. 2.11.5 Cancellation and Re-Insurance If any insurance should be cancelled or changed by the insurance company or should any insurance expire during the period of this contract, the Contractor shall notify the City of Sunny Isles Beach immediately and the Firm 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 Firm and must be approved by the City. At the option of the City, either the Firm shall eliminate or reduce such deductible or the Firm shall procure a Bond, in a form satisfactory to the City, covering the same. NOTE: THE CITY OF SUNNY ISLES BEACH, CONTRACT NUMBER AND TITLE MUST APPEAR ON EACH CERTIFICATE OF INSURANCE. THE CITY OF SUNNY ISLES BEACH MUST BE SHOWN AS AN ADDITIONAL INSURED WITH RESPECT TO THIS COVERAGE. 2.12 MONTHLY INVOICES PAYMENTS Vendor shall submit invoice for review and processing immediately following the catering event to Accountspayable.net. 2.13 CLEAN-UP CATERING SERVICES # 24-02-02 All unusable materials and debris shall be removed from the premises at the end of the workday, and disposed of in an appropriate manner. Upon final completion, the vendor shall thoroughly clean up all areas where work has been involved as mutually agreed with the associated user department’s project manager. 2.14 COMPLIANCE WITH FEDERAL STANDARDS All items to be purchased under this contract shall be in accordance with all governmental standards, to include, but not be limited to, those issued by the Occupational Safety and Health Administration (OSHA), the National Institute of Occupational Safety Hazards (NIOSH), and the National Fire Protection Association (NFPA). 2.15 PURCHASE OF OTHER ITEMS NOT LISTED WITHIN THIS SOLICITATION BASED ON PRICE QUOTES: While the City has listed all major items within this solicitation which are utilized by City departments in conjunction with their operations, there may be similar items that must be purchased by the City during the term of this contract. Under these circumstances, a City representative will contact the primary vendor to obtain a price quote for the similar items. If the items requested are the same as the items being requested herein the itemized pricing shall apply. 2.16 SUBCONTRACTORS If the Contractor proposes to use subcontractors in the course of providing these services to the City, this information shall be a part of the bid response. Such information shall be subject to review, acceptance and approval of the City, prior to any contract award. The City reserves the right to approve or disapprove of any subcontractor candidate in its best interest and to require Contractor to replace subcontractor with one that meets City approval. Contractor shall ensure that all of Contractor’s subcontractors perform in accordance with the terms and conditions of this Contract. Contractor shall be fully responsible for all of Contractor’s subcontractors’ performance, and liable for any of Contractor’s subcontractors’ non-performance and all of Contractor’s subcontractors’ acts and omissions. Contractor shall defend, at Contractor’s expense, counsel being subject to the City’s approval or disapproval, and indemnify and hold harmless the City and the City’s officers, employees, and agents from and against any claim, lawsuit, third-party action, or judgment, including any award of attorney fees and any award of costs, by or in favor of any Contractor’s subcontractors for payment for work performed for the City. 2.17 E-VERIFY Florida Statute 448.095 directs all public employers, including municipal governments, to verify the employment eligibility of all new public employees through the U.S. Department of Homeland Security’s E-Verify System, and further provides that a public employer may not enter into a contract unless each party to the contract registers with and uses the E-Verify system. Florida Statute 448.095 further provides that if a contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. CATERING SERVICES # 24-02-02 In accordance with Florida Statute 448.095, all contractors doing business with the City of Sunny Isles Beach are required to verify employee eligibility using the E-Verify system for all existing and new employees hired by the contractor during the contract term. Further, the contractor must also require and maintain the statutorily required affidavit of its subcontractors. It is the responsibility of the awarded vendor to ensure compliance with E-Verify requirements (as applicable). To enroll in E-Verify, employers should visit the E-Verify website (https://www.e- verify.gov/employers/enrolling-in-e-verify) and follow the instructions. The contractor must, as usual, retain the I-9 Forms for inspection. 2.18 PUBLIC RECORDS LAW The City is subject to Chapter 119, Florida Statutes, “Public Records Law.” No claim of confidentiality or proprietary information in all or any portion of a response will be honored unless a specific exemption from the Public Law exists and is cited in the response. An incorrectly claimed exemption does not disqualify the firm, only the exemption claimed. Contractor acknowledges the public shall have access at all reasonable times, to all documents and information pertaining to City’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 ITB process, Contractor shall keep and maintain the security sensitive information as confidential and exempt from public disclosures as required by Florida Statutes. END OF SECTION CATERING SERVICES # 24-02-02 Section 3 Scope of Services / Technical Specifications 3.1 SCOPE OF SERVICES The purpose of this solicitation is to establish a contract for the purchase of food and beverages catering services for the City’s anniversary party. The Firm will be responsible for supplying all food and beverages, including, but not limited to, all food area needs (ice, condiments, tables for prepping and serving, storage, garbage management) all cooking supplies, grills, cookers, chaffing dishes, pans), all serving supplies (forks, knifes, spoons, plates, cups, gloves, napkins in accordance with section 3.10 below) and all labor services, including staff. The City will require the Contractor to: • Be licensed to operate a food catering business. • Cook on-site and serve warm food, dessert, and beverages. • Must be able to cater to vegetarian and vegan for 50 guests • Contractor to provide strong, professional customer service. • Contractor to provide supervision of Concession area at all times of operation. • Conduct operations so that the environment is not negatively impacted. • No glass bottles shall be allowed. • No eating and/or drinking in public/guest areas. • No smoking during the entire event/shift. • Contractor shall meet all Health Department regulations and other applicable laws and regulations in operating the Concession • Firm 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. 3.2 DATE OF EVENT The event will be held on Sunday, June 2, 2024, Event Time: 5:00 PM – 10:00 PM. The awarded firm shall also be available to accommodate contracted service on an alternate date and/or time such as the following weekend, should the event be rescheduled due to weather or other unforeseen circumstances. The awarded vendor must be all set up, and ready for services at least two (2) hour prior to the event start time, and removal of items within two (2) hours of event end time. 3.3 SITE OF EVENT The site of the event will be located Samson Oceanfront Park, 17425 Collins Ave, Sunny Isles Beach, FL 33160. The area available for the caterer is no greater than a 40’ x 70’ area inclusive of 1 box truck. Refer to Exhibit A – Floor Plan. There will be space allotted for 1 box truck to allow for the immediate access of perishable food items. The city reserves the right to host this event within other locations within the city. CATERING SERVICES # 24-02-02 3.4 NUMBER OF PLATES SERVED Event Attendance: 3,500 – 4,000 plates served. Only one plate per person is to be served. Price proposal shall be for 4,000 people however the undersigned understands that the City reserves the right to lower the count to 3,500 attendees within 7 days prior to the event without the per person cost changing. 3.5 TYPE OF FOOD Caterer will submit proposed event menus for review and approval. The awarded vendor shall not make changes or substitution to menus without prior written approval from the City. Below is the comprehensive menu that is requested for the event. Any alternatives to this menu, must be disclosed in your proposal.. o All food – Main Dish Entrees o Include multiple options for main dish (must have at least 1 vegetarian) o Multiple side dishes o Variety Dessert o Condiments o Beverages, variety of soda and water, alcohol. o Vendors are strongly encouraged to include a kosher option within the menu for approximately 100 people; however, this line item is not a mandatory requisition 3.6 COOKING Catering staff shall cook on-site, but not under tents. The successful Proposer shall comply with all federal, state and local rules and regulations regarding food handling, operation of a concession business, and any other laws that would apply to operating a similar type of business. Special attention must be paid to the regulations outlined by the State of Florida, Department of Professional and Business Regulation, Division of Hotels and Restaurants. 3.7 TRASH All trash shall be taken by the vendor. No trash shall be left onsite including cooking oil or refuse. It must be disposed of properly and not poured down the sewer drain. 3.8 BEVERAGE TENTS The caterer shall have two (2) soda tent located near their station at the park. The Caterer shall provide at the tent a variety of soda, water bottles and ice. There is no limit to how many non- alcoholic drinks guests can have. The caterer may have up to two (2) tents for alcohol sales. 3.9 FOOD SERVICES The caterer is to provide enough food servers to serve the food, desserts and beverages under a designated Tent. CATERING SERVICES # 24-02-02 3.10 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. 3.11 PLATES AND UTENSILS The vendor must supply all plates, utensils, cups, napkins and serving dishes, in accordance with Sectio 3.10. 3.12 PARKING Awarded firm will be allowed to park at the Government Center, 18070 Collins Avenue Sunny Isles Beach, FL 33160. The City will provide a bus to bring workers from the lot to the event and from the park to the lot after the event. The City will coordinate with the vendor the pickup times with the awarded vendor. Parking on site can consist of up to one box truck and one ice truck (if needed). 3.13 ITEMS PROVIDED BY THE CITY To ensure that the specified services meet the requirements of the City of Sunny Isles Beach, the City will provide / perform / furnish to the Caterer the following: • Tent for food service • Barricades for lines & to block off cooking area • Staff to check people into the serving area (vendor to provide serving staff) CATERING SERVICES # 24-02-02 3.14 OTHER EVENTS The Vendor must be able to provide the catering services for other city events for staff. The city has 250 employees. The specific requirements for each event will be determined by the City on an event-by-event basis. Certain events will be required to include the supply of beverages (alcoholic and non-alcoholic). Example of the signature events that the Vendor can expect to provide catering services include, but are not limited to, the following: • Holiday Celebrations. • Employee Appreciation Breakfasts and lunch. • Receptions (small and large) for private events. Use Price sheet # 2. END OF SECTION CATERING SERVICES # 24-02-02 Section 4 Evaluation Process 4.1 Review of Proposals For Responsiveness Each proposal will be reviewed to determine if the proposal is responsive to the submission requirements outlined in the solicitation. A responsive proposal is one which follows the requirements of this solicitation: that includes all documentation, submitted in the format outlined in this solicitation, of timely submission, and has the appropriate signatures as required on each document. Failure to comply with these requirements may result in the proposal being deemed non-responsive. 4.2 Qualifications Criteria The recommendation(s) for award shall be made to the City Commission, by the City Manager, to the responsible responsive Proposer(s) whose proposal is highest rated by the Evaluation Committee. ITEM # EVALUATION CRITERIA MINIMUM QUALIFICATION REQUIREMENTS (MQRs) – this criterion has no points. If your Firm does not provide all the required MQRs information, your Firm’s proposal will not be reviewed/evaluated, and your Firm’s submission will be disqualified. MAXIMUM POTENTIAL POINTS 1. FIRM QUALIFICATIONS: • Evidence of a positive reputation in the restaurant/catering industry. • Experience in restaurant/bar operations. • 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. • Firm’s Financial Stability. • Alcohol beverages menu, if applicable. • # of personnel assigned to serve. 30 2. PROJECT APPROACH: • Proposers approach methodology to providing the services requested in this solicitation. • Provide a full service, proposed priced menu detailing the food and beverage service proposed to be served with pictures. • Management Policies and Customer Service Structure. • Submit any additional information that would assist the City in the evaluation on your proposal. • Overall organization to completing the project. • Ability to meet desired timelines and deadlines. • Proposed site plan. • Logistics of the event such as load in and out time. • Support requirements need from the City if needed (Utilities, water etc). 30 3. 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. 20 4. PROPOSAL FEES (TO BE COMPLETED IN SECTION 6.1): 20 CATERING SERVICES # 24-02-02 The City shall have the option to negotiate final fee with selected proposer. TOTAL POINTS 100 4.3 SAMPLING At no cost and commitment to the City, the proposer may be required to conduct a taste sampling for an estimated 5 guests. The sampling shall include samples of every item listed on the proposed menu. The Proposer will be notified of the date in which they will be required to conduct the sampling. 4.4 PRESENTATIONS: The Evaluation Committee may select proposers to conduct oral presentations. Oral presentations may be scheduled with the Firm(s) as requested by the Evaluation Committee. The oral presentations are exempted from the public meeting requirements of s. 286.011 F.S., however will be recorded for public record purposes in accordance with sec. 119.07(1) F.S. as amended. 4.5 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 lowest responsible and responsive proposer. This process may continue until a contract acceptable to the City has been executed or all proposals are rejected. No Proposer shall have any rights against the City arising from such negotiations or termination thereof. Any Proposer recommended for negotiations may be required to provide to the City: a) Its most recent certified business financial statements as of a date not earlier than the end of the Proposer’s preceding official tax accounting period, together with a statement in writing, signed by a duly authorized representative, stating that the present financial condition is materially the same as that shown on the balance sheet and income statement submitted, or with an explanation for material change in the financial condition. A copy of the most recent business income tax return will be accepted if certified financial statements are unavailable. b) Information concerning any prior or pending litigation, either civil or criminal, involving a governmental agency or which may affect the performance of services to be rendered herein, in which the Proposer, any of its employees or subcontractors is or has been involved within the last three years. END OF SECTION CATERING SERVICES # 24-02-02 Section 5 Proposal Format 5.0 ELECRONIC PROPOSAL FORMAT 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 In response to this Proposal, all Proposers must provide the following:  Name of Agency/Company (including any "Doing Business As" names)  Company Locations. The company must be authorized by Florida to do business in Florida  Internet Web Site Address (if any)  Details of Entity Business Structure (Corporation, Partnership, LLC), W9 Form  Date Founded  Home office address and telephone number, and local address and phone number  List of any current litigation that would threaten the viability of the firm or the performance of this contract  Identify all complaints filed with the State Department of Consumer Affairs, Better Business Bureau, any other agency maintained for consumer protection, or in any Florida court, state or federal, against your company within the last five (5) years that concerned in any manner your delivery of the kinds of services requested in the RFP. Provide disposition of each.  Proof of insurance 2. Qualifications Proposer’s relevant experience, qualifications and past performance. Any certificates shall be included with the solicitation submission and any amendments or renewals.  An explanation of why the Proposer is the best qualified to perform the contract and demonstrate its qualifications including an item-by-item disclosure outlining how the firm meets or exceeds the requirements of this RFP.  Availability on proposed dates.  Food handling Certification(s)  Local Health Department Certification(s)  Department of Business and Professional Regulation (DBPR) License, if applicable 3. Staffing All employees of the Contractor shall be considered to be at all times the sole employees of the Contractor, under the Contractor's sole direction, and not employees or agents of the City of Sunny Isles Beach. The Caterer will provide and maintain uniforms for all employees with the company’s name displayed on it. Uniforms should be clean, neat and appropriate for a family atmosphere. All serving staff shall wear plastic gloves when serving CATERING SERVICES # 24-02-02 food. The Caterer’s employees shall reflect personal cleanliness. 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. Provide sufficient staff for event, including a designated event representative assigned to manage the event. The size and experience of the company staff pool from which staff assigned to the management contract can be drawn. The composition of the staff team should include; • The names of the full time employees in the area responsible for this contract • Their function in the company. • The name of the person who will be responsible for the coordination of work. 4. Approach / Methodology Proposers approach methodology to providing the services requested in this solicitation  Proposers approach methodology to providing the services requested in this solicitation.  Provide a full service, proposed priced menu detailing the food and beverage service proposed to be served with pictures.  Management Policies and Customer Service Structure.  Submit any additional information that would assist the City in the evaluation on your proposal.  Overall organization to completing the project  Ability to meet desired timelines and deadlines  Proposed site plan  Logistics of the event such as load in and out time  Support requirements need from the City if needed (Utilities, water etc) 5. Cost of Services Each firm shall submit in their price proposal and any pricing conditions or contingencies must be clearly stated. (See attached Bid Form – Price Proposal) 6. References Each Proposer must submit a list of three (3) references of Current and Past Customers in the last two (2) years of which they have provided services similar in scope and size of those described herein. • Each Reference questionnaire (found below) 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. Contract Forms All completed contract forms END OF SECTION CATERING SERVICES # 24-02-02 DELIVER TO: DemandStar.com REQUEST FOR PROPOSALS SECTION 6 BID SUBMITTAL FORMS OPENING: 11:00 AM 03/26/2024 PLEASE QUOTE PRICES F.O.B. DESTINATION, CITY IS TAXED EXEMPT, DELIVERED TO 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 Date Issued: 02/28/2024 Sealed proposals are subject to the Terms and Conditions of this Request for Proposals 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, on DemandStar 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 24-02-02 Catering Services for City’s Anniversary A Bid Deposit in the amount of 0% of the total amount of the bid shall accompany all bids A Performance Bond in the amount of 0% of the total amount of the bid will be required upon execution of the contract by the successful bidder and City of Sunny Isles Beach Purchasing: Firm Name: Genesis Cuevas ________________________________________ Commodity Code(s): SUBMIT ONE ELECTRONIC SUBMITTAL ACCORDING TO PROPOSAL FORMAT AND AFFIDAVITS FAILURE TO SIGN PAGE 29 OF SECTION 6 BID SUBMITTAL WILL RENDER YOUR BID NON- RESPONSIVE CATERING SERVICES # 24-02-02 PRICE PROPOSAL The firm’s price per meal must include all labor costs and total cost of doing business, including, but not limited to, the following: overhead, set-up and tear down costs, profit, travel time, service charges, gratuity, delivery, potable water, lodging, fuel, propane, gas electric, generators, food products and transportation, beverages, all necessary catering equipment including refrigeration, serving items, carry out food containers, utensils, napkins, and fringe benefits. City has banned expanded polystyrene serving products. PRICE SHEET # 2 2024 PRICES AS-NEEDED EVENTS. NO GUARANTEE OF AWARD FOR THESE ITEMS BELOW. NO ALCOHOL INCLUDED IN THE EVENTS BELOW Estimated Quantity UNIT COST PRICE PER PERSON – PROPOSE A MENU HOLIDAY DINNER (WITH SERVERS) 250 $ EMPLOYEE PICNIC (NO SERVERS) 250 $ THANKSGIVING LUNCH (NO SERVERS) Stuffing, Green Bean Casserole, Baked Sweet Potatoes with Marshmallow Topping Whipped Mashed Potatoes with Homemade Gravy Homemade Macaroni & Cheese, Wild Rice Roasted Vegetables, Fresh Cranberry Relish Dinner roll/Cornbread Rolls and Butter) 250 $ ADMINISTRATIVE DAY / DEPARTMENT BREAKFAST NO SERVERS 30 $ BID FORM # Description Estimated Quantity Unit Cost Price per person Extended Cost 1 (June 2, 2024) 4,000 $ $ Renewal Periods 1 ( June 2025) 4,000 $ $ 2 ( June 2026) 4,000 $ $ 3 ( June 2027) 4,000 $ $ 4 ( June 2028) 4,000 $ $ Total Contract Amount $ BID FORM # Description Estimated Quantity Unit Cost Price per person Extended Cost 1 (June 2, 2024) 4,000 $ $ Renewal Periods 1 ( June 2025) 4,000 $ $ 2 ( June 2026) 4,000 $ $ 3 ( June 2027) 4,000 $ $ 4 ( June 2028) 4,000 $ $ Total Contract Amount $ CATERING SERVICES # 24-02-02 REFERENCE QUESTIONNAIRE It is the responsibility of the consultant/vendor to provide a minimum of three (3) different references other than City of Sunny Isles Beach using this form and providing this information with your submission. Failure to do so may result in the rejection of your submission. Giving reference for: (Bidder) _______________________________________________________________ Firm giving Reference: ____________________________________ _______________________________ Phone: ____________________________________________ Email: ___________________________________________ 1. Q: What was the event that proposer was assigned to cater at and how many people were served? A: 2. Q: What was the type of menu assigned to the proposer? A: 3. Q: Do they perform on a timely basis as required by the agreement? A: 4. Q: Was the project manager easy to get in contact with? A: 5. Q: Would you use them again? A: 6. Q: Overall, what would you rate their performance? A: 7. Q: Is there anything else we should know, that we have not asked? A: The undersigned does hereby certify that the foregoing and subsequent statements are true and correct and are made independently, free from vendor interference/collusion. Name: _______________________________________ Title _____________________________________________ Sign Name: __________________________________ Date: ___________________________________________