HomeMy WebLinkAboutSpecifications - Creation of a Cultural Master PlanCreation of a Cultural Master Plan
Request for Proposal No. 15 -08 -01
Issue Date
August 26 , 2015
Pre - Proposal Conference
September 17, 2015 at 11:00 AM
SIB Government Center
1St Floor Conference Room
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
Proposal Due and Proposal
Opening Date
October 1, 2015 at 2:30 PM
Where to Deliver Proposal
By 2:30 PM on October 1, 2015
SIB Government Center
Office of the City Clerk, 41h Floor
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
City of Sunny Isles Beach I Request for Proposal No. 15 -08 -01
TABLE OF CONTENTS
Section Page No.
Legal Advertisement — Notice to Proposer 3
Arts & Culture Master Plan
Introduction 4
Background 5
Inquiries 5
Scope of Work (Process & Deliverables) 5
Final Report 6 - 8
Proposal Requirements & Submission Details 8
Evaluation & Selection Criteria 9
Miscellaneous Terms and Conditions 10 - 11
11 -17
Affidavits
18
Non - Collusive Affidavit
19
Public Entity Crimes
20
Equal Opportunity / Affirmative Action Statement
22
Conflict of Interest Statement
23
Dispute Disclosure Form
24
Anti - Kickback Affidavit
25
Bid Bond
26
Performance Bond
26 -27
City of Sunny Isles Beach I Request for Proposal No. 15 -08 -01
LEGAL ADVERTISEMENT
NOTICE TO PROPOSER
NOTICE IS HEREBY GIVEN that the City of Sunny Isles Beach is seeking sealed Proposals for the
following work as specified.
CREATION OF A CULTURAL MASTER PLAN
Request for Proposal No. 15 -08 -01
The Proposal Specifications for this Request for Proposal are available from DemandStar by calling
1.800.711.1712 or by accessing their website at www.demandstar.com. The Proposal Specifications may
also be examined at the City of Sunny Isles Beach Government Center, Office of the City Clerk, 18070
Collins Avenue, Sunny Isles Beach, FL 33160. Proposers who obtain the Proposal Specifications from
sources other than DemandStar or the City of Sunny Isles Beach are cautioned that their Proposal response
package may be incomplete. Addenda will be posted and disseminated by DemandStar at least five days
prior to the submittal date to all Proposers who are listed on the official list. The City may not accept
incomplete Proposals.
Proposals shall be on a lump sum basis; segregated Proposals will not be accepted. Sealed Proposals will
be received by the City Clerk no later than 2:30 PM, on October 1, 2015 at the Sunny Isles Beach
Government Center located at 18070 Collins Avenue, 4th floor, Sunny Isles Beach, Florida, 33160.
Proposals received after this time will not be considered. The City is under no obligation to return Proposals.
Timely submitted Proposals will be opened publicly and read aloud at this time.
The envelope containing the sealed Proposal must be clearly marked:
"IMPORTANT, PROPOSAL ENCLOSED"
Proposal No. 15 -08 -01
CREATION OF A CULTURAL MASTER PLAN
OPENING DATE AND TIME: 2:30 PM
A Mandatory Pre - Proposal Conference for all potential Proposers is set for 11:00 a.m. on
September 17, 2015 in the 1 st Floor Conference Room at the City of Sunny Isles Beach Government Center
located at 18070 Collins Avenue, Sunny Isles Beach, Florida 33160.
The City reserves the right to reject any or all Proposals, with or without cause, to waive technical errors
and informalities, and to accept the Proposal, 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.
All questions regarding Request for Proposal No. 15 -08 -01 shall be directed in writing to Jane A. Hines,
MMC, City Clerk, at least five (5) business days prior to the date of the Proposal opening. Questions may
be submitted TO Lynn M. Dannheisser, Executive Director, Sunny Isles Beach Foundation via email
address: Iannheisser( a)sunnyislesbeachfoundation.org with a copy to Jane A. Hines, MMC, City Clerk
via email to jhines @sibfl.net or via regular mail at: Jane A. Hines, MMC, City Clerk, City of Sunny Isles
Beach, 18070 Collins Avenue, Sunny Isles Beach, FL 33160 to the attention of Lynn M. Dannheisser,
Executive Director, Sunny Isles Beach Sunny Isles Beach Foundation.
City of Sunny Isles Beach I Request for Proposal No. 15 -08 -01
ARTS & CULTURE MASTER PLAN
INTRODUCTION
The City of Sunny Isles Beach is seeking the services of a qualified consulting firm /team to provide
leadership for the development and creation of the City's first Cultural Master Plan. The Proposer is asked
to assess a City's existing cultural resources and create a strategy (a 5 -10 year plan) to leverage arts and
culture in order to increase civic engagement to create a better sense of community, create economic
development and cultural tourism opportunities, and to improve the overall quality of life for all sectors of
the city.
The Plan should provide the City with a common vision for the future for the role that arts and culture should
play in our City as well as to ascertain what pieces of that vision can guide policy and programming to
enhance the quality of life for our residents, businesses, and visitors. The City would like to see arts and
culture provide a medium to:
• preserve, celebrate, challenge, and invent community identity;
• engage participation in civic life;
• inform, educate, and learn from diverse audiences;
• communicate across demographic and socioeconomic lines.
Specifically, the purpose of the project is to help strengthen, harmonize, and raise the profile of cultural
endeavors through systematic planning. The development of this Plan will build upon the strong Sunny
Isles Beach foundation and existing programming of cultural events currently provided by the Cultural and
Community Services Department. Sunny Isles Beach has an extremely culturally and age diverse
population, some of whom are transient and others of whom are year -round residents. The City desires to
create targeted programming consistent with the desire of the City of Sunny Isles Beach's Commission and
the Sunny Isles Beach Foundation to create a better sense of community. Additionally, because the Sunny
Isles Beach Foundation and the City are separate entities that operate independently, a cultural master
plan should facilitate a discussion on how each entity can be coordinated, what should each's roles and
responsibilities should be to maximize productivity and expenditure of funds, whether taxpayer dollars or
Sunny Isles Beach Foundation contributions through private donations or grants, and the best way to
leverage these monies for the enhanced benefit of the citizens.
As part of the plan, the Proposer will be asked to create the best method to pursue funding and identify
specific opportunities for collaboration through strategic partnerships, alliances, and cultural organizations;
and to help us organize to identify and assist with application processes for local, state, national and high
level funding sources. Finally, this Plan once completed should help the City define how best to use its
capital improvements including a magnificent beach, eleven (11) active local parks, and other identified
venues or facilities that will best serve the City's cultural plan.
City of Sunny Isles Beach I Request for Proposal No. 15 -08 -01
BACKGROUND
The City of Sunny Isles Beach located on a barrier island in Northeast Miami -Dade County. While small in
size (only 1 '/2 square miles), since its incorporation in 1997, the City's population has grown from 13,000
with many retirees to approximately 22,000 with enough young families and school aged children for the
City to have found it necessary and desirable to initially contribute 12.5 million dollars toward the purchase
of land to the Miami -Dade School Board to build a K -8 school in its boundaries and contributed an adjacent
park as a field facility. The City is the home to thousands of new immigrants from all over the world, including
Russia, South America, Middle East, Canada and Europe. It has both a summer and a winter tourist
seasons. The City is an urban, world class destination that provides access to South Florida beaches,
luxury living, dining and hotels, and eleven (11) "state of the art" park facilities that serve as venues for
presenting programmed cultural events and other recreational programming. The City's Cultural and
Community Services Department currently sponsors numerous musical events including an annual locally
recognized Jazz festival and an annual Beethoven on the Beach concert. It has sculptures in several of its
parks and has an Art in Public Places Program required for any new development. There is newly installed
infrastructure, yet, despite huge initiative and effort, there is only a certain amount of community
engagement. The City is seeking to create more.
In February of this year, the Sunny Isles Beach Foundation, a private non - profit community foundation,
began its operations with the following mission: to be a permanent charitable endowment dedicated to
promote quality of life through multidisciplinary cultural arts and government initiatives designed to incite
and inspire engagement of the City's diverse population, to focus on creative public space and place making
and transform the culture of Sunny Isles Beach.
The Foundation's first three projects are in process. The first project (to be unveiled this Fall) is the
dedication and creation of an art wall which will display a mural of transposed works from the winners of a
juried mural competition among our community's middle and high school students. The Foundation's
second project also in process is the promotion of a March Music Month, a series of concerts to be
performed in a month with the City's highest population numbers. Also, based on the Foundation's
research, and with the City Commission's endorsement, there is a consensus that in order to create the
best opportunity for community success in the arts, we need a long -term strategy for cultural development
in City. In furtherance of the development and implementation of such strategy, and in partnership with the
Sunny Isles Beach Foundation, the City and the Foundation undertake the development of a Cultural Master
Plan.
INQUIRIES
All inquiries shall be directed to Lynn M. Dannheisser, 786- 202 -1133 or via e-mail at
Iannheisser(a)sunnyislesbeachfoundation.org with a copy via e -mail to Jane Hines, MMC, City Clerk at
Ihines(a)sibfl.net. Ms. Dannheisser is the Executive Director of the Sunny Isles Beach Foundation, but for
purposes of development and execution /administration of this Cultural Master Plan she is acting as the
City's consultant and liaison for the City and Foundation. Therefore, all communications with regard to this
Proposal shall become public record. All written inquiries and replies thereto shall also be copied to all
Proposers. It shall be the responsibility of each respondent to check the City's website for any
supplementary information related to this RFP.
City of Sunny Isles Beach I Request for Proposal No. 15 -08 -01
SCOPE OF WORK (Process & Deliverables)
A. Development of Outreach Strategy
• Master Contact List
• Strategy to Encourage Stakeholder Participation
• Interactive Project Website
• Updates at City Commission Meetings as Requested by the City Manager
B. Development of Public Participation Plan (as Determined by Proposer) such as
• Public Forums
• Survey
• Focus Groups
• Key Person Interviews
• Youth Involvement Opportunities
C. Local Assessment & Research
• Listing of Organizations and Individuals to Assist in the City's Efforts
• Asset Inventory
• History of City Cultural Programming
• Data Collection - Demographics, Artist Data
• Resource assessment — Funding Sources, Human Resources, Coordination of the Sunny Isles
Beach Foundation and the City of Sunny Isles Beach
D. Data Analysis
• Complete set of raw Data, Analysis and Conclusions
• Articulate Methodology Including the Possibility of Computerized Methods for Data Mining
• Perform Strength, Weaknesses, Opportunities and Threats (SWOT) Analysis
E. Process Assessment
• Benchmarking and Best Practices to Meet the Goals Described in the Introduction
• Trends (what works, what doesn't for a city of our size)
The foregoing should result in a Master Plan Draft Report to be required for review and approval by the
City Manager and the Sunny Isles Beach Foundation Executive Director based on the above scope of work.
It should include, but should not be limited to, the following components and include answers to the following
general questions:
• Public Participation Process Summary;
• Assessment on:
➢ How culture and the arts create community ide
City of Sunny Isles Beach I Request for Proposal No. 15 -08 -01
➢ What the City is doing well presently?
➢ What assets it has?
➢ What should be continued and initiated and how?
➢ How do we achieve targeted, systematic programming?
• What are the important supports to culture? What do we need in the way of information, programming,
staffing, facilities, administrative structure, support, and resources?
• Who are and /or should be the key stakeholders? How do we get "buy -in" from all sectors? What are the
opportunities for the Foundation? How do we get assistance from local, state and federal governmental
entities and /or private arts organizations?
• What best practices or models should we consider? How should the activities of the City and the Sunny
Isles Beach Foundation be linked and /or coordinated?
• Are we using our capital facilities and natural assets in a way that maximizes our goals?
• What are City / National/ International issues, trends and models that fit our demographic and size?
• Key Statistics, Data Points, Key Maps or Graphs of Relevant Information;
• Master Plan Vision Statement & Program Elements with directed policies and actions for the roles and
responsibilities for arts and culture;
• Strategy to Implement Vision with a set of Key Goals Including Short, Mid, and Long -Term goals;
• List of potential initiatives for prioritization and implementation, including appropriate budget and
recommended revenue sources. How do we position ourselves to secure grants? How do find out what
grants are available? How do we develop a clearly defined funding plan including the development of
strategic partnerships?
• What structures, systems, government or management policies will help to realize the envisaged future?
• Organize Potential Initiatives by Short, Mid, and Long -Term priority;
• Recommended Timelines for Implementation;
• Identify what are the ideal roles for the City and for the Sunny Isles Beach Foundation including a plan to
co- ordinate activities as well as potential identify others for potential partnership;
• Draft conclusions, recommendations, and Action Plan;
• Written and oral reporting to the Sunny Isles Beach Foundation, Advisory Committee, if any, and the City
Commission;
• Digital strategies.
City of Sunny Isles Beach I Request for Proposal No. 15 -08 -01
FINAL REPORT
The Arts and Culture Master Plan Final Report must serve to set forth a collective vision for cultural
enrichment and development in Sunny Isles Beach. It should also clarify and guide the roles of the City of
Sunny Isles Beach and the Foundation, individually and collectively, to attain this vision. At a minimum, the
following components should be included:
• Executive Summary of Final Report;
• Results of the Public Participation Process;
• Provide results on a citywide basis including the visions of other stakeholders such as the hotels, local
vendors as well as the residents and tourist community.
• Conclusions and Recommendations must consist of, but should not be limited to:
- Collective Vision and Key Goals;
- Final Recommendations and Alternatives;
- Implementation Strategies;
- Coordination of Roles and Responsibilities between the City and the Foundation
- Action Plan with prioritized set of Goals and Projects;
- Funding Plan.
The City would ask that the Final Report Presentation to include the following components:
• Reproduction of the Final Report;
• Provision of an electronic copy of the Final Report as well as electronic copies of all maps, graphs, other
accompanying visual materials in a format to be easily obtained and /or disseminated by the City.
• Develop and Present PowerPoint presentation of the Final Report;
• Presentation materials must be developed for future use by the City;
• Presentation of Final Report to City Commission and the Sunny Isles Beach Foundation.
City of Sunny Isles Beach I Request for Proposal No. 15 -08 -01
PROPOSAL REQUIREMENTS AND SUBMISSION DETAILS
A. Timing: The process to develop the Cultural Master Plan is expected to take six (6) to nine (9)
months, exclusive of RFP process.
B. Contents: Firms interested in responding to this RFP should prepare a brief and concise Proposal,
including the following sections:
1. Introduction - Present general introductory comments, including a purpose statement
describing your understanding of the proposed project and required services.
2. Work Plan - Formulate a work plan that clearly systematically identifies and describes all tasks
and subtasks necessary to complete the requirements set forth in Section II. Scope of Work
(Process & Deliverables).
3. Personnel and Experience - Prepare an organizational chart showing the names and titles of
the project manager, professional and supporting staff, sub - consultants, and other key
personnel that will be assigned to the project.
4. Cost Proposal - Prepare a not -to- exceed cost Proposal and provide a cost breakdown for each
task and subtask identified in the work plan.
5. Project Schedule - Prepare a schedule that illustrates the estimated timeline for completing
project tasks and subtasks.
Only written Proposals will be considered. All materials submitted shall become a part of the Proposal, and
may be incorporated in a subsequent contract(s) between the City and the selected proposer. Failure to
comply, other than as specifically permitted in the RFP, may disqualify a proposer from further
consideration.
C. Deadline for Submission: To be considered, Proposals must be received on or before 2:30 p.m.,
October 1, 2015.
D. Where to Submit Your Proposal: The Proposal is to be delivered to: Sunny Isles Beach
Government Center, City Clerk's Office — 4th Floor, 18070 Collins Avenue, Sunny Isles Beach,
Florida, 33160 and the envelope containing the sealed Proposal must be clearly marked:
"IMPORTANT, PROPOSAL ENCLOSED"
Proposal No. 15 -08 -01
CREATION OF A CULTURAL MASTER PLAN
OPENING DATE AND TIME: at 2:30 PM
E. Number of Copies: Please provide one (1) original, one (1) digital copy, and six (6) copies. Plainly
identify the respective documents. The reproducible copy is one which can readily be reproduced
through a photocopier; it should be unbound and unstapled.
City of Sunny Isles Beach I Request for Proposal No. 15 -08 -01 •
Evaluation & Selection Criteria
All Proposals will be evaluated solely on the basis of the following criteria and the decision shall be a joint
decision by the City Commission and the Sunny Isles Beach Foundation.
A. Project Concept and Solutions
1. Understanding of the requirements of the scope of work.
2. Understanding of the broad range of issues and conditions facing the City in developing an arts
and culture plan and community.
3. Understanding of local creative and artistic economic environment.
4. Understanding of the City's demographics and culture including population, diversity, economic
conditions and transient population.
5. Ability to meet identified schedule.
B. Personnel and organizational experience, resources, and technical competence to facilitate
accomplishment of stated scope of work
1. Communication skills and ability to engage a broad and diverse range of stakeholders in a
government planning process.
2. Personnel and organizational involvement in Sunny Isles Beach.
3. Ability to travel and be available to the task during its time frame.
C. Demonstrated Applicable Experience
1. Demonstrated ability to complete planning projects of a comparable size.
2. Demonstrated ability to create a specific strategic plan for implementation while recognizing
the economic and fiscal challenges of a city.
3. Demonstrated ability to examine best practices in other cities and multidisciplinary arts
organizations.
D. Total Evaluated Cost
1. Relation of the fee to the proposed level of effort.
2. Detailed budqet Proposal includinq itemized billinq structure by assiqned consulting staff.
City of Sunny Isles Beach I Request for Proposal No. 15 -08 -01
3. In- person or telephone interviews may be conducted at the discretion of the City Manager and
the Executive Director of the Sunny Isles Beach Foundation as liaison to the City on this project.
The City will be expected to:
i. Assign the Project Manager to act as liaison for the Consultant(s).
ii. Provide copies of, or access to, relevant City documents and information necessary for successful
completion of the deliverables.
iii. Meet with the Consultant(s) to clarify the project, confirm deliverables and verify progress.
iv. Schedule meetings with City Advisory / other Boards.
v. Provide physical space and refreshments for selected workshops, focus groups, and meetings.
Miscellaneous Terms & Conditions
A. FAILURE OF DELIVERY. The City reserves the right to use offsite sources and to charge back additional
costs to meet the timeline, should the successful Proposer fail to deliver the required services within the
mutually agreed set timeline.
B. PROJECT TERMINATION. The City reserves the right to terminate the agreement without cause and
without reason by giving to the successful Proposer ten (10) days advance written notice of intention to
terminate the agreement subject also to the terms contained in Section V.C.1.37.
C. PROJECT BUDGET. The City will set the budget for the completion and delivery of the Cultural Master
Plan when a Proposer is selected. All components /requirements in the RFP are to be provided by within
this budget, including disbursements, travel, expenses, reproduction costs, electronic equipment, etc.
D. OTHER TERMS:
City of Sunny Isles Beach I Request for Proposal No. 15 -08 -01
INSTRUCTIONS TO PROPOSER / GENERAL TERMS AND CONDITIONS
THESE INSTRUCTIONS ARE STANDARD FOR ALL PROPOSAL 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 PROPOSERS OR IN THE PROPOSAL SHEETS. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THE GENERAL
CONDITIONS SHALL HAVE PRECEDENCE. PROPOSER AGREES THAT THE PROVISIONS INCLUDED WITHIN THIS PROPOSAL OR RFP SHALL PREVAIL OVER ANY
CONFLICTING PROVISION WITHIN ANY STANDARD FORM CONTRACT OF THE PROPOSER REGARDLESS OF ANY LANGUAGE IN PROPOSER'S CONTRACT TO THE
CONTRARY.
1.1 CLARIFICATION /EXPLANATION /QUESTIONS:
1.6
PROPOSAL DEADLINE:
Any questions concerning the Proposal Specifications or any
required need for clarification must be made to Lynn M. Dannheisser
Proposals must be submitted no later than the time and date shown
via email: Dannheisser @sunnyislesbeachfoundation.org with a copy
within this document.
to Jane A. Hines, MMC, City Clerk via email to: ihines(a)sibfi.net or
via regular mail at: Jane A. Hines, MMC, City Clerk, City of Sunny
1.7
SEALED PROPOSAL:
Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL 33160.
Such requests for clarification /explanation or questions must be
The entire Proposal Response Package (with all items listed on the
made in writing to Jane A. Hines, MMC, City Clerk, at least five (5)
Proposal Checklist form and all other items required within this
business days prior to the date of the Proposal opening.
Request for Proposal must be executed) shall be submitted in an
Interpretations or clarifications considered necessary by the City will
opaque, sealed envelope.
be issued by addenda and posted /disseminated by DemandStar
(www.demandstar.com) to all parties listed on the official plan
1.8
PROPOSAL EXECUTION. SIGNATURES,
holders' list as having received the Proposal documents. Only
ERASURE /CORRECTION:
questions answered by written addenda shall be binding. Oral
interpretations or clarifications shall be without legal effect. No plea
All Proposals shall be signed in blue ink. All price quotes shall be
of ignorance or delay or required need of additional information shall
typewritten or printed with ink. A l corrections made by the
exempt a Proposer from submitting their Proposal on the required
Proposer(s) prior to the opening must be initialed and dated by the
date and time as publicly noted.
Proposer(s). No changes or corrections will be allowed after
Proposals are opened. Proposals must contain an original, manual
1.2 PLAN HOLDER'S LIST:
signature of an authorized representative of the company.
As a convenience to Proposers, the City of Sunny Isles Beach has
1.9
WITHDRAWAL OF PROPOSALS:
made available lists of all plan holders for each Request for Proposal.
The information is available on -line at www.demandstar.com or by
Proposers may withdraw Proposals only by written request and shall
calling the Office of the City Clerk at 305.792.1703.
forward the withdrawal request via "Certified U.S. Mail — Return
Receipt Requested" prior to the Proposal opening time. Negligence
1.3 ADDENDA TO SPECIFICATIONS:
on the part of the Proposers in preparing the Proposal confers no
right for the withdrawal of the Proposal after it has been opened.
If any addenda are issued after the initial specifications are released,
the City will post and disseminate the addenda through DemandStar.
1.10
PROPOSAL OPENING:
For those projects with separate plans, blue prints, or other materials
that cannot be accessed through the Internet, the Office of the City
Proposals will be opened publicly at the time and place stated in the
Clerk will make good faith effort to ensure that all registered
Notice to Proposer. It is the responsibility of the Proposers to insure
Proposers (those who have been registered as receiving a Proposal
that the Proposal reaches the Office of the City Clerk on or before
package) receive the documents. It is the responsibility of the
the closing hour and date stated on the Request for Proposal. After
Proposer, prior to the submission of any Proposal, to check the
the Proposal opening, the contents of the Proposal Form will be
above website or contact the Office of the City Clerk at 305.792.1703
made public for the information of Proposers and other interested
to verify any addenda issued. The receipt of all addenda must be
parties who may be present either in person or by representative.
acknowledged on the Proposal Response Sheet.
Proposals that are received after the Proposal opening time will not
be considered and will not be returned.
1.4 SPECIAL ACCOMMODATIONS:
1.11
EVALUATION OF PROPOSALS:
Any person requiring a special accommodation at a Pre - Proposal
Conference or Proposal /RFP /RFP opening because of a disability
The City, at its sole discretion, reserves the right to inspect any /all
should call the Office of the City Clerk at 305.792.1703 at lease five
Proposers facilities to determine their capability of meeting the
(5) days prior to the Pre - Proposal Conference or Proposal /RFP /RFP
requirements for the Contract. Also, price, responsibility, and
opening. If you are hearing or speech impaired, please contact the
responsiveness of the Proposers, the financial position, experience,
Office of the City Clerk by calling the City of Sunny Isles Beach using
staffing, equipment, materials, references, and past history of service
the Florida Relay Service which can be reached at 1.800.955.8771
to the City and /or with other units of state, and /or local governments
(TDD).
in Florida, or comparable private entities, will be taken into
consideration in the Award of the Contract.
1.5 PUBLIC ENTITY CRIMES STATEMENT:
1.11.1 Hold Harmless: All Proposers shall hold the City, its
Pursuant to the provisions of paragraph (2) (a) of section 287.133,
officials and employees harmless and covenant not to
Florida Statutes "a person or affiliate who has been placed on the
sue the City, its officials and employees in reference to
convicted vendor list following a conviction for a public entity crime
their decisions to reject, award, or not award a
may not submit a Proposal on a contract to provide any goods or
Proposal, as applicable.
services to a public entity, may not submit a Proposal on a contract
1.11.2 Cancellation: Failure on the part of the Proposer to
with a public entity for the construction or repair of a public building
comply with the conditions, specifications,
or public work, may not submit Proposals on leases of real property
requirements, and terms as determined by the City,
to a public entity, may not be awarded to perform work as a
shall be just cause for cancellation of the Award.
Contractor, supplier, sub - Contractor, or consultant under a contract
1.11.3 Disputes: If any dispute concerning a question of fact
with any public entity, and may not transact business with any public
arises under the Contract, other than termination for
entity in excess of the threshold amount provided in section 287.107,
default or convenience, the Proposer and the City
for category two for a period of 36 months from the date of being
department responsible for the administration of the
placed on the convicted vendor list ".
Contract shall make a good faith effort to resolve the
City of Sunny Isles Beach I Request for Proposal No. 15 -08 -01
City reserves the right to increase or decrease quantities as required,
dispute. If the dispute cannot be resolved by
even significantly. The prices offered herein and the percentage rate
delivery, it shall be the responsibility of the successful Proposer to
of discount applies to other representative items not listed in this
agreement, then the department, with the advice of the
Proposal.
notify the City at once, indicating in their letter the specific regulation
City Attorney, shall resolve the dispute and send a
1.18 GOVERNMENTAL RESTRICTIONS ON MATERIALS:
which required an alteration. The City of Sunny Isles Beach reserves
written copy of its decision to the Proposer, which shall
In the event any governmental restrictions may be imposed which
the right to accept any such alteration, including any price
would necessitate alteration of the material quality, workmanship, or
be binding on both parties.
performance of the items offered on this Proposal prior to their
adjustments occasioned thereby, or to cancel at no further expense
to the City.
1.12
AGREEMENT:
1.19
SAFETY STANDARDS:
After the Proposal award, the City will, at its option, prepare an
Agreement specifying the terms and conditions resulting from the
The Proposer warrants that the product(s) supplied to the City
award of this Proposal. The Proposer will have ten (10) calendar
conform(s) in all respects to the standards set forth in the
days after notification of the award by the City to execute the
occupational safety and health act (OSHA) and its amendments.
Agreement and provide the required Performance Bond. The
Proposals must be accompanied by a materials data safety sheet
Proposer who has the Contract awarded to them and who fails to
(MSDS) when applicable.
execute the Agreement and furnish the Performance Bond and
Insurance Certificates within the specified time shall forfeit the
1.20
WARRANTIES:
Proposal Deposit that accompanied their Proposal, and the Proposal
Deposit shall be retained as liquidated damages by the City, and it is
Successful Proposers shall act as agent for the City in the follow -up
agreed that this sum is a fair estimate ofthe amount of damages the
and compliance of all items under Warranty /Guarantee and complete
City will sustain in case the Proposer fails to enter into the Contract
all forms for Warranty /Guarantee coverage under this Contract.
and furnish the Bonds as herein before provided. Proposal Security
deposited in the form of a cashier's check drawn on a local bank in
1.21
COPYRIGHTSIPATENT RIGHTS:
good standing shall be subject to the same requirements as a
Proposal Bond. The performance of the City of Sunny Isles Beach of
Proposer warrants that there has been no violation of copyrights or
any of its obligations under the agreement shall be subject to and
patent rights in manufacturing, producing or selling of goods shipped
contingent upon the availability of funds lawfully expendable for the
or ordered, as a result of this Proposal. The seller agrees to
purposes of the agreement for the current and any future periods
indemnify City from any and all liability, loss, or expense occasioned
provided for within the Proposal specifications.
by any such violation.
1.13
PAYMENTS:
1.22
LOCAL BUSINESS TAX (OCCUPATIONAL LICENSE
REGISTRATION):
Payment will be made after commodities/services have been
received, accepted, and properly invoiced as indicated in the
The Proposer shall be responsible for obtaining and maintaining
contract and /or purchase order. Invoices must bear the purchase
throughout the contract period his or her city and county local
order number.
business tax receipts. Each Proposer submitting a Proposal on this
Request for Proposal shall include a copy of the company's local
1.14
BRAND NAMES:
business taxtoccupational license(s) with the Proposal response.
For information specific to City of Sunny Isles Beach local business
If a brand name, make, of any "or equal" manufacturer trade name,
taxtoccupational licenses, please call Code Enforcement& Licensing
or vendor catalog is mentioned whether or not followed by the words
at 305.792.1705. If the Proposer is operating under a fictitious name
"approved equal" it is for the purpose of establishing a grade or
as defined in Section 865.059, Florida Statutes, proof of current
quality of material only. Proposer may offer equals with appropriate
registration with the Florida Secretary of State shall be submitted with
identification, samples, and /or specifications on such item(s). The
the Proposal. A business formed by an attorney actively licensed to
City shall be the sole judge concerning the merits of items Proposal
practice law in this state, by a person actively licensed by the
as equals.
Department of Business and Professional Regulations or the
Department of Health for the purpose of practicing his or her licensed
1.15
MATERIAL:
profession, or by any corporation, partnership, or other commercial
entity that is actively organized or registered with the Department of
Material(s) delivered to the City under this Proposal shall remain the
State shall submit a copy ofthe current licensing from the appropriate
property of the seller until accepted to the satisfaction of the City. In
agency and /or proof of current active status with the Division of
the event materials supplied to City are found to be defective or do
Corporations of the State of Florida.
not conform to specifications, the City reserves the right to return the
product(s) to the seller at the seller's expense.
1.23
LIABILITY, INSURANCE, PERMITS AND LICENSES:
1.16
SAMPLES:
Proposers shall assume the full duty, obligation, and expense of
obtaining all necessary licenses, permits, inspections, and insurance
Samples ofitems, when required, must be furnished by the Proposer,
required. The Proposer shall be liable for any damages or loss to
free of charge to the City. Each individual sample must be labeled
the City occasioned by negligence of the Proposer (or their agent) or
with the Proposer's name and manufacturer's brand name and
any person the Proposer has designated in the completion of their
delivered by them within ten (10) calendar days of Proposer's receipt
contract as a result of the Proposal. Proposer shall be required to
ofthe "Notice to Proceed ", unless schedule indicates a different time.
furnish a copy of all licenses, certificates of competency or other
If samples are requested subsequent to the Proposal opening, they
licensor requirements necessary to practice their profession as
should be delivered within ten (10) calendar days of the request. The
required by Florida State Statute, Miami -Dade County, and City of
City will not be responsible for returning samples.
Sunny Isles Beach Code. Proposer shall include current Miami -
Dade County Certificates of Competency. These documents shall
1.17
QUANTITY GUARANTY:
be furnished to the City along with the Proposal response. Failure to
furnish these documents or to have required licensure will be
No guarantee or warranty is given or implied by the City as to the
grounds for rejecting the Proposal.
total amount that may or may not be purchased from any resulting
Contract or Award. These quantities are for Proposal purposes only
1.24
CERTIFICATE(S) OF INSURANCE:
and will be used for tabulation and presentation of the Proposal. The
City reserves the right to increase or decrease quantities as required,
Proposer shall furnish to the Office of the City Clerk, City of Sunny
even significantly. The prices offered herein and the percentage rate
Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida
of discount applies to other representative items not listed in this
33160, certificate(s) of insurance which indicate that insurance
Proposal.
coverage has been obtained from an insurance company authorized
to do business in the State of Florida or otherwise secured in a
1.18 GOVERNMENTAL RESTRICTIONS ON MATERIALS:
manner satisfactory to the City, for those coverage types and
amounts listed in this document, in an amount equal to 100% ofthe
In the event any governmental restrictions may be imposed which
requirements and shall be presented to the City prior to issuance of
would necessitate alteration of the material quality, workmanship, or
any Contract(s) or Award(s) Document(s). The City of Sunny Isles
performance of the items offered on this Proposal prior to their
Beach shall be named as "additional insured" with respect to this
City of Sunny Isles Beach I Request for Proposal No. 15 -08 -01
coverage. The required certificates of insurance shall not only name
the Contract Documents subject to
the types of policies provided, but shall also refer specifically to this
waiver of claims.
Proposal and section. At the time of Proposal submission. Proposer
must submit certificates of insurance as outlined in the General
Agreement:
The written Agreement between the City
Conditions section. All required insurances shall name the City of
and the Proposer covering the Work to
Sunny Isles Beach as additional insured and such insurance shall be
be performed, which includes the
issued by companies authorized to issue insurance in the State of
Contract Documents.
Florida. It shall be the responsibility of the Proposer and insurer to
notify the City Manager of the City of Sunny Isles Beach of
Addenda:
Written or graphic instruments issued
cancellation, lapse, or material modification of any insurance policies
prior to the Proposal Opening which
insuring the Proposer, which relate to the activities of such Proposer
modify or interpret the Contract
and the City of Sunny Isles Beach. Such notification shall be in
Documents, Drawings and
writing, and shall be submitted to the City finance support service
Specifications, by addition, deletions,
director thirty (30) days prior to cancellation of such policies. This
clarifications or corrections.
requirement shall be reflected on the certificate of insurance. Failure
to fully and satisfactorily comply with the City's insurance and
Approved:
Means approved by the City.
bonding requirements set forth herein will authorize the City Manager
to implement a rescission of the Proposal award without further City
Bonds:
Proposal, performance bond and other
Commission action. The Proposer hereby holds the City harmless
instruments of security, furnished by the
and agrees to indemnify the City and covenants not to sue the City
Contractor and their surety in accordance
by virtue of such rescission.
with the Contract Documents and in
accordance with the law of the State of
1.25
ASSIGNMENT:
Florida.
The Proposer shall not transfer or assign the performance required
by this Proposal without prior written consent of the City Manager.
Change Order:
A written order to the Proposer signed by
Any award issued pursuant to the Request for Proposal and monies
the City authorizing an addition, deletion
which may be due hereunder are not assignable except with prior
or revision in the Work, or an adjustment
written approval of the City Manager. Further, in the event that the
in the Contract Price or the Contract Time
majority ownership or control of the Proposer changes hands
issued after execution of the Agreement.
subsequent to the award of this contract, Proposer shall promptly
notify City in writing (via United States Postal Service — Certified Mail,
City:
City of Sunny Isles Beach, 18070 Collins
Return Receipt Requested) of such change in ownership or control
Avenue, Sunny Isles Beach, Florida
at least thirty (30) days prior to such change and City shall have the
33160.
right to terminate the contract upon sixty (60) days written noflce, at
City's sole discretion.
Contract Documents:
Contract Documents shall include,
Instructions to Proposers, Contractor's
1.26
HOLD HARMLESS /INDEMNIFICATION:
Proposal, the Bonds, the Notice of
Award, the Agreement between the City
The Proposer shall indemnify, hold harmless, and defend the City of
and Contractor as well as any addenda
Sunny Isles Beach, its officers, agents and employees from and
thereto, these General Conditions,
against any claims, demands or causes of action of whatsoever kind
Special Conditions, the Technical
or nature arising out of error, omission, negligent act, conduct, or
Specifications, Drawings and
misconduct of the Proposer, their agents, servants or employees in
Modifications, Notice to Proceed,
the provision of goods or the performance of services pursuant to
Request for Proposal, Insurance
this Proposal and / or from any procurement decision of the City
Certificates, Change Orders and
including without limitation, awarding the Contract to the Proposer.
Acknowledgment of Conformance with
the City of Sunny Isles Beach.
1.27
NON-CONFORMANCE TO CONTRACT:
Contract Price:
The total monies payable to the
The City of Sunny Isles Beach may withhold acceptance of, or reject
Contractor under the Contract
items which are found upon examination, not to meet the
Documents.
specification requirements. Upon written notification of rejection,
items shall be removed within (5) calendar days by the Proposer at
Contract Time:
The number of calendar days stated in
their own expense and redelivered at their expense. Rejected goods
the Agreement for the completion of the
left longer than thirty (30) calendar days will be regarded as
Work.
abandoned and the City shall have the right to dispose of them as its
own property. Rejection for non - conformance or failure to meet
Contracting Officer:
The individual who is authorized to sign
delivery schedules may result in the Proposer being found in default.
the contract documents on behalf of the
City's governing body.
1.28
DEFAULT PROVISION:
Contractor:
The person, firm or corporation with
In case of default by the Proposer, the City of Sunny Isles Beach may
whom the City has executed this
procure the articles or services from other sources and hold the
Agreement.
Proposer responsible for any excess costs occasioned or incurred
thereby.
Day:
A calendar day of twenty -four hours
measured from midnight to the next
1.29
SECONDARY /OTHER VENDORS:
midnight.
The City reserves the right in the event the primary Proposer cannot
Field Order:
A written order issued by the City which
provide an item(s) or service(s) in a timely manner as requested, to
clarifies or interprets the Contract
seek other sources without violating the intent of the Contract.
Documents or orders minor changes in
the Work.
1.30
DEFINITIONS:
Modification:
Modification means any one of the
Wherever used in these General Conditions or in the other Contract
following: (a) a written amendment of the
Documents, the following terms shall have the meaning indicated
Contract Documents signed by both
which shall be applicable to both the singular and plural thereof:
parties, (b) a Change Order, (c) a written
clarification or interpretation if issued by
Acceptance: Acceptance by the City of the Work as
the City, or (d) a written order for minor
being fully complete in accordance with
change or alteration in the Work issued
City of Sunny Isles Beach
Request for Proposal
No. 15 -08 -01
all labor, materials, equipment and other
by the City. A modification may only be
incidentals, and the furnishing thereof.
experience, client references, technical knowledge and
issued after execution of the Agreement.
Written Notice: The term "Notice" as used herein shall
qualifications; and sufficient labor and equipment to comply with the
mean and include all written notices,
or sustained by any person or persons during or on account of any
demands, instructions, claims, approvals
City's established standards, as well as the financial capability of the
Notice of Award:
The written notice by City to the apparent
compliance with Contract requirements.
Proposer to perform the Work in accordance with the Contract
Written notice shall be deemed to have
successful Proposer stating that upon
been duly served if delivered in person to
Documents to the satisfaction of the City within the time prescribed.
the individual or to a member of the firm
compliance with the conditions
or to an officer of the corporation for
The City reserves the right to reject the Proposal of any Proposers
whom it is intended, or to an authorized
precedent to be fulfilled by the Proposer
representative or such individual, firm, or
on the basis of these queries and investigations and who does not
corporation, or if delivered at or sent by
within the time specified, City will execute
registered mail to the last business
meet the City's satisfaction, even though the firm may be the lowest
address known to them who gives the
and deliver the Agreement to the
notice. Unless otherwise stated in
dollars and cents Proposal. In analyzing Proposals, the City will also
writing, any notice to or demand upon the
Proposer.
City under this Contract shall be
take into consideration client references, past work experience and
delivered to the City.
regardless of whether or not it is caused by a party indemnified
work product, proven ability to satisfactorily perform. If the Contract
Proposal:
The offer of the Proposer submitted on
is awarded, the City will issue the Notice of Award and give the
The City reserves the right to reject any and all Proposals at its sole
the prescribed form setting forth the
discretion. Proposals shall be awarded by the City after the City
successful Proposer a Contract for execution within ninety (90) days
performs all necessary searches, inquiries, exploration, and analysis
prices for the Work to be performed.
of the Proposals. The Proposal shall be awarded to the lowest
after opening of Proposals. The City specifically reserves the right to
responsible and responsive Proposer whose Proposal best serves
event that any action or proceeding is brought against City by reason
the interests of and represents the best value to the City in conformity
award the contract to a Proposer who is not necessarily the lowest
Proposer:
Any person, firm or corporation
of Award will be given until the City has concluded any
dollar amount Proposer on the basis of the results of these queries
investigation(s) as they deem necessary to establish the Proposer's
submitting a Proposal for Work.
capability to perform the Services as described in this RFP, ITB,
and investigation(s).
Samples:
Physical examples which illustrate
1.32
EXECUTION OF AGREEMENT:
materials, equipment or workmanship
and establish standards by which the
At least four counterparts of the Agreement, the Performance Bond,
Work will be judged.
the Certificates of Insurance and such other Documents as required
by the Contract Documents shall be executed and delivered by
Proposer to the City within ten (10) calendar days of receipt of the
Specifications:
Those portions of the Contract
Notice of Award.
Documents consisting of written
technical descriptions of materials,
1.33
LAWS AND REGULATIONS:
equipment, construction systems,
standards and workmanship as applied
The Proposer will give all notices and comply with all laws,
to the Work.
ordinances, rules and regulations applicable to the Work. If the
Proposer observes that the Specifications are at variance therewith,
Statement of Services:
The form furnished by the City which is to
they will give the City prompt written notice thereof, and any
be used by the Proposer in requesting
necessary changes shall be adjusted by an appropriate modification.
progress payments.
If the Proposer performs any Work knowing it to be contrary to such
laws, ordinances, rules and regulations, and without such notice to
Supplier:
Any person or organization who supplies
the City, they will bear all costs arising wherefrom.
materials or equipment for the Work,
including that fabricated to a special
1.34
TAXES:
design, but who does not perform labor
at the site.
The City of Sunny Isles Beach is exempt from sales tax imposed by
the State and /or Federal Government. Florida Sales Tax Exemption
Work:
Any and all obligations, duties and
No. 85- 8012694687C -4 appears on each purchase order.
responsibilities necessary to the
Exemption certificates are available upon request.
successful completion of the Project
assigned to or undertaken by Proposer
1.35
DUTY TO DEFEND, INDEMNIFY AND SAVE HARMLESS:
under the Contract Documents, including
all labor, materials, equipment and other
In consideration of the separate sum of twenty -five dollars ($25.00)
incidentals, and the furnishing thereof.
and other valuable consideration, the Proposer shall defend,
indemnify and hold harmless the City, its officers, agents and
Written Notice: The term "Notice" as used herein shall
employees, from or on account of any injuries or damages, received
mean and include all written notices,
or sustained by any person or persons during or on account of any
demands, instructions, claims, approvals
operations connected with the Work described in the Contract
and disapproval's required to obtain
Documents, or by or in consequence of any negligence in connection
compliance with Contract requirements.
with the same; or by use of any improper materials or by or on
Written notice shall be deemed to have
account of any act or omission of the said Proposer or his/her Sub -
been duly served if delivered in person to
Contractor, agents, servants or employees. The Proposer will
the individual or to a member of the firm
defend, indemnify and hold harmless the City and their agents or
or to an officer of the corporation for
employees from and against all claims, damages, losses and
whom it is intended, or to an authorized
expenses including attorneys' fees arising out of or resulting from the
representative or such individual, firm, or
performance of the Work, provided that any such claim damage, loss
corporation, or if delivered at or sent by
or expense (a) is attributable to bodily injury, sickness, disease or
registered mail to the last business
death, or to injury to or destruction of tangible property (other than
address known to them who gives the
Work itself) including the loss of use resulting wherefrom and (b) is
notice. Unless otherwise stated in
caused in whole or in part by any negligent act or omission of the
writing, any notice to or demand upon the
Proposer, Sub - Contractor, anyone directly or indirectly employed by
City under this Contract shall be
any of them or anyone for whose acts any of them may be liable,
delivered to the City.
regardless of whether or not it is caused by a party indemnified
hereunder. In the event that a court of competent jurisdiction
1.31 PROPOSAL AWARD:
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
The City reserves the right to reject any and all Proposals at its sole
Proposer shall indemnify, defend and hold harmless the City, their
discretion. Proposals shall be awarded by the City after the City
officers and employees, to the fullest extent authorized by Sec.
performs all necessary searches, inquiries, exploration, and analysis
725.06 (2) F.S., which statutory provisions shall be deemed to be
of the Proposals. The Proposal shall be awarded to the lowest
incorporated herein by reference as if fully set forth herein. In the
responsible and responsive Proposer whose Proposal best serves
event that any action or proceeding is brought against City by reason
the interests of and represents the best value to the City in conformity
of any such claim or demand, the Proposer, upon written notice from
with the criteria set forth in Section 62 -8 of the City Code. No Notice
City shall defend such action or proceeding by counsel satisfactory
of Award will be given until the City has concluded any
to City. The indemnification provided above shall obligate the
investigation(s) as they deem necessary to establish the Proposer's
Proposer to defend at its own expense or to provide for such
capability to perform the Services as described in this RFP, ITB,
defense, at City's option, any and all claims of liability and all suits
RFP or ITQ, as substantiated by the required professional
and actions of every name and description that may be brought
City of Sunny Isles Beach I Request for Proposal No. 15 -08 -01
against City, excluding only those which allege that the injuries arose
hereunder, and, in particular but without limitation, the
out of the sole negligence of City, which may result from the
warranties, guarantees and obligations imposed upon
operations and activities under this Contract whether the Work be
Proposer and those in the Special Conditions and the
performed by the Proposer, its Sub - Contractors, or by anyone
rights and remedies available to the City, shall be in
directly or indirectly employed by either.
addition to, and shall not be construed in any way as a
limitation of, any rights and remedies available by law,
1.36 DECISIONS ON DISAGREEMENTS:
by special guarantee or by other provisions of the
Contract Documents.
The City will be the initial interpreter of the Technical Specifications.
1.38.4 Should the City or the Proposer 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
1.37 CITY MAY TERMINATE:
legally liable, claim shall be made in writing to the other
parry within a reasonable time of the first observance
If the Proposer is adjudged bankrupt or insolvent, or if they make a
of such injury or damage.
general assignment for the benefit of their creditors, or if a trustee or
receiver is appointed for the Proposer or for any of their property, or
1.39
WAIVER OF JURY TRIAL:
if they file a petition to take advantage of any debtor's act, or to
reorganize under bankruptcy or similar laws, or if they repeatedly
City and Proposer knowingly, irrevocably voluntarily and intentionally
fails to supply sufficient skilled workmen or suitable materials or
waive any right either may have to a trial by jury in State or Federal
equipment, or if they repeatedly fail to make prompt payments to
Court proceedings in respect to any action, proceeding, lawsuit or
Sub - Contractors or for labor, materials or equipment or they
counterclaim based upon the Contract Documents or the
disregard laws, ordinances, rules, regulations or orders of any public
performance of the Work there under.
body having jurisdiction, or if they disregard the authority of the City,
of if they otherwise violate any provision of, the Contract Documents,
1.4
GOVERNING LAW:
then the City may, without prejudice to any other right or remedy and
after giving the Contractor and the surety ten (10) days written notice,
The Contract shall be construed in accordance with and governed by
terminate the services of the Proposer and take possession of the
the law of the State of Florida.
Project and of all materials, equipment, tools, construction
equipment and machinery thereon owned by the Proposer, and finish
1.41
VENUE:
the Work by whatever method they may deem expedient. In such
case the Proposer shall not be entitled to receive any further
Venue of any action to enforce the Contract Documents shall be in
payment until the Work is finished. If the unpaid balance of the
Miami -Dade County, Florida.
Contract Price exceeds the direct and indirect costs of completing
the Project, including compensation for additional professional
1.42
ARBITRATION:
services, such excess shall be paid to the Proposer. If such costs
exceed such unpaid balance, the Proposer will pay the difference to
It is the intention of the parties that whenever possible, if a dispute or
the City. Such costs incurred by the City will be determined by the
controversy arises hereunder then such dispute or controversy shall
City and incorporated in a Change Order. If after termination of the
be settled by arbitration in accordance with the procedures, rules and
Proposer under this Section, it is determined by a court of competent
regulations of the American Arbitration Association. The decision
jurisdiction for any reason that the Proposer was not in default, the
rendered by the Arbitrator shall be final and binding upon the parties
rights and obligations of the City and the Proposer shall be the same
and judgment upon the award rendered by the arbitrator may be
as if the termination had been issued pursuant to this document.
entered in any court having jurisdiction. Arbitration shall be held in
Miami -Dade County, Florida. All costs of arbitration and attorneys'
1.37.1 Where the Proposer's services have been so
fees incurred by the parties shall be paid by the non - prevailing party
terminated by the City said termination shall not affect
or, if neither party prevails on the whole, each party shall be
any rights ofthe City against the Proposer then existing
responsible for a portion of the costs of arbitration and their
or which may thereafter accrue. Any retention or
respective attorneys' fees as may be determined by the court on
payment of moneys by the City due the Proposer will
confirmation.
not release the Proposer from liability.
1.43
PROJECT RECORDS:
1.37.2 Upon ten (10) days written notice to the Proposer, the
City may, without cause and without prejudice to any
City shall have right to inspect and copy during regular business
other right or remedy, elect to terminate the
hours at City's expense, the books and records and accounts of
Agreement. In such case, the Proposer shall be paid
Contractor which relate in any way to the Project, and to any claim
for all Work executed and accepted by the City as of
for additional compensation made by Proposer, and to conduct an
the date of the termination. No payment shall be made
audit of the financial and accounting records of Proposer which relate
for profit for Work which has not been performed.
to the Project. Proposer shall retain and make available to City all
such books and records and accounts, financial or otherwise, which
1.38 MISCELLANEOUS:
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
Proposers acknowledge the following miscellaneous conditions:
three year period following final completion of the Project, Proposer
shall provide City access to its books and records upon five days
1.39.1 Whenever any provision of the Contract Documents
written notice.
requires the giving of written notice it shall be deemed
to have been validly given if delivered in person to the
1.44
SEVERABILITY:
individual or to a member of the firm or to an officer of
the corporation for whom it is intended, or if delivered
If any provision of the Contract or the application thereof to any
at or sent by registered or certified mail, postage
person or situation shall to any extent, be held invalid or
prepaid, to the last business address known to them
unenforceable, the remainder of the Contract, and the application of
who gives the notice.
such provisions to persons or situations other than those as to which
it shall have been held invalid or unenforceable shall not be affected
1.38.2 The Contract Documents shall remain the property of
thereby, and shall continue in full force and effect, and be enforced
the City. The Contractor shall have the right to keep
to the fullest extent permitted by law.
one record set of the Contract Documents upon
completion of the Project.
1.45
INDEPENDENT CONTRACTOR:
1.38.3 The duties and obligations imposed by these General
The Proposer is an independent Proposer under the Contract.
Conditions, Special Conditions and Supplemental
Services provided by the Proposer shall be by employees of the
Conditions and the rights and remedies available
Proposer and subject to supervision by the Proposer, and not as
City of Sunny Isles Beach I Request for Proposal No. 15 -08 -01
officers, employees, or agents of the City. Personnel policies, tax procedures, applicable to services rendered under the Contract shall
responsibilities, social security and health insurance, employee be those of the Proposer.
benefits, purchasing policies and other similar administrative
End of Section
City of Sunny Isles Beach I Request for Proposal No. 15 -08 -01
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City of Sunny Isles Beach I Request for Proposal No. 15 -08 -01