HomeMy WebLinkAboutSpecifications
REQUEST FOR
PROPOSALS NO. 10-08-03
CONCESSIONAIRE SERVICES FOR
THE SKATEBOARD PARK LOCATED
AT TOWN CENTER PARK
CITY OF SUNNY ISLES BEACH
MIAMI-DADE COUNTY, FLORIDA
T ABLE OF CONTENTS
RFP
Public Notice ..... .......... ..... ...................... ..................... ...... .... ...................................................... ......................... 1
Section 1.1 Introduction................................ .......................... ............................................................................3
Section 1.2 Background........ ........................................................ ....................................................................... 3
Section 1.3 Management and Operational Responsibilities............................................................................. 3
Section 1.4 Submittal Requirements............. ................................. ................ .................. .................................. 5
Section 1.5 Submission Date and Mandatory Pre-RFP Submission Conference .......................................... 6
Section 1.6 Additional Information and Clarification.......... ................ ........................................... ................. 6
Section 1.7 Selection, Award, and Protest Procedures..................................................................................... 7
Section 1.8 Contract Execution................. .................... ............................................... ......................................7
Section 1.9 Instructions............. ............................................... ......... .............. ... ....... .... ............... ....... .......... ......7
Section 1.10 Changes/Alterations.... ..... ......................... ............. ........................................................................ 8
Section 1.11 Discrepancies, Errors, and Omissions.......................................................................................... 8
Section 1.12 Disqualification.. ......................... ...................................... ................. ............................................. 8
Section 1.13 Submissions Receipt....................................... .................................................................... ............ 8
Section 1.14 Capital Expenditures ............ ....................... ............................................................ ...................... 8
Section 1.15 Hold Harmless and Indemnification............................................................................................ 8
Section 1.16 Reservation of Rights.................. ............................. ............................. .................. .......................9
Section 1.17 Additional Information. ............................................................................ ...... .................. .............9
Section 1.18 Attachments............. ............. ............... ........ ............................................................. ...................... 10
Public Entity Crime Affidavit (Attachment "A").................................................................... ..11
Non Collusion Affidavit (Attachment "B") ....................................................................................................... 14
Agreement between City and Successful Proposer (Attachment "C")........................................................... 16
Site Plan of skateboard park (Attachment "D,,) ...............................................................................................27
Floor Plan of concession stand (Attachment "E") ........................................................................................... 30
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the City of Sunny Isles Beach (the "City") is soliciting
proposals to operate and manage concessionaire services for the soon to be constructed
skateboard park at Town Center Park, a 3 acre park located on the west side of Collins
Avenue and 172nd Street. Interested firm/individuals ("Proposer (s)") may pick-up a copy of
Request for Proposals ("RFP") No. 10-08-03 to be issued on Wednesday, August 18, 2010 at
Sunny Isles Beach Government Center, 18070 Collins Avenue, City Clerk's Office, Fourth
Floor, Sunny Isles Beach, Florida, 33160. RFP No. 10-08-03 is also available from
DemandStar by calling (800) 711-1712 or by accessing their website at
www.demandstaLcom. The RFP contains detailed and specific information about the scope
of services, submission requirements and selection procedures.
One (1) original, four (4) copies of the completed and executed Submissions must be
delivered to the following address no later than Wednesday, September 15, 2010 at 10:30
a.m.:
Sunny Isles Beach Government Center
18070 Collins A venue, City Clerk
First Floor Meeting Room
Sunny Isles Beach, Florida, 33160
The City reserves the right to accept or not accept late submitted bids in the sole discretion of
the City Manager or his designee.
The envelope containing the sealed Proposal must be clearly marked as follows:
"SEALED PROPOSAL"
RFP NO. 10-08-03 CONCESSIONAIRE SERVICES FOR THE SKATEBOARD
PARK LOCATED AT TOWN CENTER PARK
OPENING DATE AND TIME: Wednesday, September 15,2010 at 10:30 a.m.
A mandatory Pre-RFP Submission Conference is scheduled for Tuesday, August 31,
2010 at 10:00 a.m. at the Sunny Isles Beach Government Center, 18070 Collins Avenue,
First Floor Meeting Room, Sunny Isles Beach, Florida. All Proposers planning to submit
Submissions are required to attend this meeting. Proposers should allow sufficient time to
ensure arrival prior to the indicated time, those arriving after the discussion has begun will
not be considered to be in attendance. Submissions from those who have failed to attend
will not be accepted.
The City of Sunny Isles Beach (the "City") intends to enter into an agreement with the
successful Proposer to operate and manage concessionaire services for the soon to be
constructed skateboard park at Town Center Park, a 3 acre park located on the west side of
Collins Avenue and 172nd Street in the City of Sunny Isles Beach, Florida.
The contract will be awarded by the City to the Proposer whose proposal best serves the
interests of, and represents the best value to, the City in accordance with the criteria set forth
in Section 62-8 of the City Code.
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.
Any questions regarding RFP No. 10-08-03 are to be directed in writing to Susan Simpson,
Cultural and Human Services Director, at the following address: 18070 Collins Ave., Sunny
Isles Beach, Florida 33160. Alternatively, any questions may be sent via email to:
SSimpson@sibfl.net.
Any questions or clarifications concerning the proposal specifications must be received by
Susan Simpson, Cultural and Human Services Director, at least seven (7) business days prior
to the date of the proposal opening.
For further information, please contact Susan Simpson, Cultural and Human Services
Director, at 305-792-1706.
Jane A. Hines, CMC, City Clerk
City of Sunny Isles Beach
CITY OF SUNNY ISLES BEACH, FLORIDA
REQUEST FOR PROPOSAL NO. 10-08-03
CONCESSIONAIRE SERVICES FOR THE SKATEBOARD PARK LOCATED
AT TOWN CENTER PARK
1.1 INTRODUCTION
The City of Sunny Isles Beach, Florida, (the "City") a municipality located in Miami-Dade
County, Florida, requests qualified Proposers ("Proposers") to submit proposals to operate
and manage concessionaire services for the soon to be constructed skateboard park at Town
Center Park, a 3 acre park located on the west side of Collins A venue and 172nd Street.
1.2 BACKGROUND
The City of Sunny Isles Beach is located between the Atlantic Ocean and the Intracoastal
Waterway on the East and West and 193rd Street on the North and Haulover Beach Park on
the South. Our City standards stress a high quality of redevelopment with a focus on creating
visual corridors to the ocean, with access to the ocean as well as redevelopment of Sunny
Isles Boulevard and Collins Avenue with a focus on protecting the environment, providing
landscaping and developing aesthetically attractive structures.
The City has worked diligently to develop and enhance its Green Space Initiative. Through
this initiative, the City has strived to increase park and open space areas throughout the City
for the betterment of the community. The need for park improvements is part of this
initiative. Towards this end, the City held workshops to obtain input about what kinds of
improvements should be provided in park and open space areas. The public reaffirmed the
need for a skateboard park which will soon be constructed. Copies of renderings of the
skateboard park are attached hereto as Attachment "A".
1.3 MANAGEMENT AND OPERATIONAL RESPONSIBILITIES
The successful Proposer shall manage and operate the concessionaire services at the
skateboard park, including admissions and food services. The criteria operating requirements
are as follows. On school days, the hours of operations are from 3:00 p.m. to 8:30 p.m. On
non-school days, including weekends, summer, and holidays, the hours of operations are
from noon to 8:30 p.m. Skateboard park cannot be open when Town Center Park is closed,
and may only be opened with the express written consent of the City Manager or his
designee. Special events may also be considered at the skateboard park; however, all such
requests must be made in writing to the City Manager or his designee. All such requests for
special events must be approved in writing by the City Manager or his designee.
Residents will receive a discounted resident rate over general admissions. Admission prices
may be subject to approval by the City.
The successful Proposer will be required to perform the following tasks:
. maintain the skateboard park area in a clean and inviting manner
. maintain the peace and order of the skateboard park area
. ensure that all skateboard users sign City approved liability waivers and follow safety
guidelines, including but not limited to helmet use
. ensure the availability of skateboards and skateboard equipment for rental at the
skateboard park
. maintain and operate the food concession area in a professional manner to all park
patrons
. distribute and collect liability waivers for all users of the skateboard park
The successful Proposer will be required to obtain a Business Tax License with the City of
Sunny Isles Beach. The successful Proposer will be required to propose either a base fee or
percentage of sales fee or a combination of the two to be paid to the City in response to this
RFP. This portion of the proposal will be taken into consideration when awarding the RFP to
the successful Proposer.
The successful Proposer will be responsible for hiring the necessary personnel to conduct the
daily operation of the concession and will comply with all federal, state, and local laws
related to minimum wage, social security, nondiscrimination, Americans with Disabilities
Act ("ADA"), unemployment compensation, and workers' compensation. State and local
regulations regarding food preparation and food handling will also be followed by all
employees without exception. Any deficiencies or health code violations as noted by health
inspectors will be grounds for immediate termination of the concession contract. If required
by the City, employees shall wear a uniform and/or identification badge. The successful
Proposer 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. 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 the skateboard park or any other City facility. The
successful Proposer shall be required to co-ordinate the criminal background checks by
contacting Susan Simpson, City of Sunny Isles Beach Cultural and Human Services
Director, Tel: (305) 792-1706
The successful Proposer is expected to serve quality food and drinks to meet the needs of the
visiting public. Simple menu items should be offered at competitive prices. Alcoholic
beverages are not permitted on the premises. Each proposer will be required to include a
sample menu of products to be offered with a proposed price list corresponding to each
product.
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.
9. Sworn statement pursuant to Section 287.133(3)(A), Florida Statutes, regarding
Public Entity Crime, a copy of which is attached hereto.
10. Non-collusive and Public Entity Crime Affidavits, copies of which are attached
hereto as Attachments "A" and "B".
1.5 SUBMISSION DATE AND MANDATORY PRE-RFP SUBMISSION
CONFERENCE
Proposals must be received by the City Clerk's Office no later than 10:30 a.m.,
Wednesday, September 15,2010, at the Sunny Isles Beach Government Center, Attn: City
Clerk, First Floor Conference Room, 18070 Collins Avenue, Sunny Isles Beach, FL 33160.
One (1) original, and four (4) copies of the completed and executed proposal must be
delivered by this deadline. Proposals will be opened publicly and read aloud at this time.
The City reserves the right to accept or not accept late submitted proposals based on the sole
discretion of the City Manager or his designee.
The envelope containing the sealed Proposal must be clearly marked as follows:
"SEALED PROPOSAL"
RFP NO. 10-08-03 CONCESSIONAIRE SERVICES FOR THE SKATEBOARD
PARK LOCATED AT TOWN CENTER PARK
OPENING DATE AND TIME: Wednesday, September 15, 2010 at 10:30 a.m.
A mandatory Pre-RFP Submission Conference is scheduled for Tuesday. AU2ust 31.
2010 at 10:00 a.m., at the Sunny Isles Beach Government Center, 18070 Collins
Avenue, First Floor Conference Room, Sunny Isles Beach, Florida. All Proposers
planning to submit a Proposal are required to attend this meeting. Proposers should allow
sufficient time to ensure arrival prior to the indicated time, those arriving after the
discussion has begun will not be considered to be in attendance. Submittals from those
who have failed to attend will not be accepted.
1.6 ADDITIONAL INFORMATION OR CLARIFICATION
Requests for additional information or clarifications must be made in writing and received by
Susan Simpson, Cultural and Human Services Director, specified in the Public Notice
Section of this RFP, in accordance with the deadline for receipt of questions also specified in
the Public Notice Section of this RFP. The request for additional information and
clarification must contain the RFP number and title, Proposer's name, name of Proposer's
contact person, address, phone number, and facsimile number.
Electronic facsimile requesting additional information must be received by Susan Simpson,
Cultural and Human Services Director, at facsimile number (305) 792-1636. Facsimiles
must have a cover sheet which includes, at a minimum, the Proposer's name, name of
Proposer's contact person, address, number of pages transmitted, phone number, facsimile
number, and RFP number and title.
~
The City will issue responses to inquiries and any other corrections or amendments it deems
necessary in written addenda issued prior to the Submission deadline. Proposers should not
rely on any representations, statements or explanations other than those made in this RFP or
in any written addendum to this RFP. Where there appears to be conflict between the RFP
and any addenda issued, the last addendum issued shall prevail.
1.7 SELECTION. AWARD. AND PROTEST PROCEDURES
The City will select the most qualified Proposer whose proposal best serves the interests of
and represents the best value to the City based on the criteria set forth in Section 62.8 of the
City Code. The City will act, at its sole discretion, in what it considers to be in the best
interest of the City. The City will evaluate the comparable experience, capability, project
management, workload, financial strength, and other factors the City deems pertinent and
will select the Proposer that it deems to be most qualified. The City will be the sole judge in
determining the most qualified firm in accordance with the criteria set forth in Section 62-8
of the City Code.
Any protests or objections to the City's Request for Proposals and/or the selection of the
selected Proposer must be submitted in writing in accordance with Section 62-15 of the City
Code. If the City and selected Proposer are unable to negotiate a mutually acceptable
contract, the City may terminate the contract negotiations and begin negotiations with the
other qualified firms. This process may continue until a contract has been executed or all
Proposals have been rejected. No Proposer shall have any rights in the subject project or
against the City arising from such negotiations.
1.8 CONTRACT EXECUTION
A contract will be negotiated and executed between the selected Proposer and the City in
substantially the same form as Attachment "C". The successful operation of this contract
requires that the selected Proposer act in good faith in all matters relating to carrying out the
project ~nd the interpretation of the contract documents.
1.9 INSTRUCTIONS
I
Careful1attention must be given to all requested items contained in this RFP. Proposers are
invited to submit Proposals in accordance with the requirements of this RFP. PLEASE
READ ITHE ENTIRE SOLICITATION BEFORE SUBMITTING A PROPOSAL.
Proposers shall make the necessary entry in all blanks provided for the responses.
The entire set of documents, together with all attachments hereto, constitutes the RFP. Each
Proposer must return these documents with all information necessary for the City to properly
analyze the response in total and in the same order in which it was issued. Proposer's notes,
exceptions, and comments may be rendered on an attachment, provided the same format of
this RFP text is followed. All responses to this RFP shall be returned in a sealed envelope or
package with the RFP number and opening date clearly noted on the outside of the envelope.
Proposers must provide a response to each requirement of the RFP. Responses should be
prepared in a concise manner with an emphasis on completeness and clarity.
..
Proposer or his Sub-Proposer, agents, servants or employees. The selected Proposer shall
indemnify, defend 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 described in the RFP, 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 selected Proposer, Sub-Proposer, 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.
1.16 RESERVATION OF RIGHTS
While pursuing this RFP process, the City reserves the right to:
. Accept any or all responses, and the right, in its sole discretion, to accept the Proposer
who will best serve the interests of, and represent the best value to, the City in
conformity with the criteria set forth in Section 62-8 of the City Code.
. Reject any and all qualifications and to seek new qualifications when such a
procedure is reasonably in the best interest of the City.
. Investigate the financial capability, integrity, experience, and quality of performance
of each Proposer, including officers, principals, senior management, and supervisors,
as well as staff identified in the response to RFP.
· Investigate the Proposer's qualifications or any of its agents, as it deems appropriate
· Conduct personal interviews of any or all Proposers prior to selection (the City shall
not be liable for any costs incurred by the Proposer(s) in connection with such
interviews).
· Waive any of the conditions or criteria set forth in this RFP.
· The City reserves the right on any advertised selection process to decide whether to
select a firm based on submission received in response to this RFP or whether to hold
interviews with the firms the City deems best qualified for the project.
1.17 ADDITIONAL INFORMATION
· The Submission must clearly be marked on the front of the envelope:
"SEALED PROPOSAL"
RFP NO. 10-08-03 CONCESSIONAIRE SERVICES FOR THE SKATEBOARD
PARK LOCATED AT TOWN CENTER PARK
OPENING DATE AND TIME: Wednesday, September 15, 2010 at 10:30 a.m.
· Questions regarding this RFP must be directed, no later than seven (7) calendar days
before the opening of the RFP, to:
Susan Simpson
Cultural and Human Services Director
City of Sunny Isles Beach
18070 Collins Avenue
-
Sunny Isles Beach, FL 33160
Telephone: (305) 792-1706
Email: SSimpson@sibfl.net
. Responses to this RFP must be delivered by the stated deadline to:
Attn: Jane A. Hines, CMC
City Clerk
Sunny Isles Beach Government Center
18070 Collins Avenue
First Floor Conference Room, Sunny Isles Beach, FL 33160
. The opening of the Proposals will be in the First Floor Conference Room, 18070
Collins Avenue, Sunny Isles Beach, Florida 33160 at the stated time.
. Proposals will be opened publicly and read aloud at this time.
. The City is under no obligation to return the Proposals.
· The City will not be liable for any cost incurred in the preparation of the response to
RFP.
. The Proposals shall be prima facie evidence that the Proposer has full knowledge of
the scope, nature, quantity and quality of work to be performed; the detailed
requirements of the specifications; and the conditions under which the work is to be
performed.
. The Proposers shall furnish the City with such additional information as the City may
reasonably require.
. Under no circumstance should any prospective Proposer or anyone acting on their
behalf, seek to influence or to gain the support of any member of the City
Commission or City Staff favorable to the interest of the prospective Proposer.
Likewise, contact with the City Commission or City Staff against the interest of other
prospective Proposers is prohibited. Any such activities may result in the exclusion
of the prospective Proposer from consideration by the City.
1.18 ATTACHMENTS
The Exhibits to this RFP are as follows:
Attachment "A"
Public Entity Crime Affidavit
Attachment "B"
Non-Collusive Affidavit
Attachment "c"
Agreement
Attachment "D"
Site plan of skateboard park
Attachment "E"
Floor Plan of concession stand
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a)
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY
PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted
to
by
for
whose business address is
and (if applicable) its Federal Employer Identification Number (FEIN)
(If the entity had no FEIN, include the Social Security Number of the individual signing
this sworn statement:
2. I understand that a "public entity crime" as defined in Paragraph 287.133(l)(g), Florida
Statutes, means a violation of any state or federal law by a person with respect to and
directly related to the transaction of business with any public entity or with an agency or
political subdivision of any other state or of the United States, including, but not limited
to, any bid or contract for goods or services to be provided to any public entity or an
agency or political subdivision of any other state or of the United States and involving
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
misrepresentation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287 . 133(l)(b ),
Florida Statutes means a finding of guilt or a conviction of a public entity crime, with or
without an adjudication of guilt, in any federal or state trial court of record relating to
charges brought by indictment or information after July 1, 1989, as a result of a jury
verdict, nonjury trial, or entry of a plea of guilty or nolo contenders.
4. I understand that an "affiliate" as defined in Paragraph 287.133(l)(a), Florida Statutes,
means:
a. A predecessor or successor of a person convicted of a public entity crime; or
b. An entity under the control of any natural person who is active in the management of
the entity and who has been convicted of a public entity come. The term "affiliate"
includes those officers, directors, executives, partners, shareholders, employees,
members, and agents who are active in the management of an affiliate. The
ownership by one person of shares constituting a controlling interest in another
person, or a pooling of equipment or income among persons when not for fair market
value under an arm's length agreement, shall be a prima facie case that one person
controls another person. A person who knowingly enters into a joint venture with a
person who has been convicted of a public entity CrIme III Florida during the
preceding 36 months shall be considered an affiliate.
5. I understand that a "person" as defined in Paragraph 287 .133(1)( e), Florida Statutes,
means any natural person or entity organized under the laws of any state or of the United
States with the legal power to enter into a binding contract and which bids or applies to
bid on contracts for the provision of goods or services let by a public entity, or which
otherwise transacts or applies to transact business with a public entity. The term
"person" includes those officers, directors, executives, partners, shareholders, employees,
members, and agents who are active in management of any entity.
6. Based on information and belief, the statement which I have marked below is true in a
relation to the entity submitting this sworn statement. (Please indicate which one (1) of
the following three (3) statements is applicable.)
_ (1) Neither the entity submitting this sworn statement, nor any of its officers,
directors, executives, partners, shareholders, employees, members, or agents who are active
in the management of the entity, or any affiliate of the entity has been charged with and
convicted of a public entity crime within the past 36 months.
_(2) The entity submitting this sworn statement, or one or more of its officers,
directors, executives, partners, shareholders, employees, members, or agents who are active
in the management of the entity, or any affiliate of the entity has been charged with and
convicted of a public entity crime within the past 36 months.
_(3) The entity submitting this sworn statement, or one or more of its officers,
directors, executives, partners, shareholders, employees, members, or agents who are active
in the management of the entity, or agents who are active in management of the entity, or
any affiliate of the entity has been charged with and convicted of a public entity crime
within the past 36 months. However, there has been a subsequent proceeding before a
Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final
Order by the Hearing Officer determined that it was not in the public interest to place the
entity submitting this sworn statement on the convicted vendor list. (Attached is a copy of
the final order.)
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE
CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN
PARAGRAPH 1 (ONE) ABOVE IS FOR THE PUBLIC ENTITY ONLY AND, THAT
THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN
WHICH IT IS FILED AND FOR THE PERIOD OF THE CONTRACT ENTERED INTO,
WHICHEVER PERIOD IS LONGER. I ALSO UNDERSTAND THAT I AM REQUIRED
TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN
EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017,
FLORIDA STATUTES FOR THE CATEGORY TWO OF ANY CHANGE IN THE
INFORMATION CONTAINED IN THIS FORM.
SIGNATURE OF AFFIANT
(Printed or Typed Legal Name of Affiant)
STATE OF FLORIDA )
)ss.
COUNTY OF MIAMI-DADE)
The foregoing Form was acknowledged before me this_ day of , 2010, by
, as of
, a Florida corporation, on behalf of said corporation and
limited partnership. He/She personally appeared before me and is personally known to me.
{NOTARY SEAL}
Notary:
Print Name
Notary Public, State of Florida
My Commission Expires:
-
NON-COLLUSION AFFIDAVIT
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The undersigned being first duly sworn as provided by law, deposes, and says:
1.1. This Affidavit is made with the knowledge and intent that it is to be filed with the
City of Sunny Isles Beach City Commission and that it will be relied upon by said City, in
any consideration which may give to and any action it may take with respect to this proposal.
1.2. The undersigned IS authorized to make this Affidavit on behalf of,
(Name of Corporation, Partnership,
Individual, etc.), a corporation duly organized and existing under the laws of the State of
of which he is (Sole Owner,
Partner, President, etc.)
1.3. Neither the undersigned nor any person, firm, or corporation named in above
Paragraph 1.2, nor anyone else to the knowledge of the undersigned, have themselves
solicited or employed anyone else to solicit favorable action for this proposal by the City,
also that no head of any department or employee therein, or any officer of the City of Sunny
Isles Beach, Florida is directly interested therein.
1.4. This proposal is genuine and not collusive or a sham; the person, firm or corporation
named above in Paragraph 1.2 has not colluded, conspired, connived or agreed directly or
indirectly with any Proposer or person, firm or corporation, to put in a sham proposal, or that
such person, firm or corporation, shall refrain from Proposing, and has not in any manner,
directly or indirectly, sought by agreement or collusion, or communication or conference
with any person, firm or corporation, to fix the prices of said proposal or proposals of any
other Proposer; and all statements contained in the proposal or proposals described above are
true; and further; neither the undersigned, nor the person, firm or corporation named above in
Paragraph 1.2, has directly or indirectly submitted said proposal or the contents thereof, or
divulged information or data relative thereto, to any association or to any member or agent
thereof.
AFFIANT'S NAME
AFFIANT'S TITLE
The foregoing Affidavit was acknowledged before me this_ day of , 2010, by
,~ ~
, a Florida corporation, on behalf of said corporation and
limited partnership. He/She personally appeared before me and is personally known to me.
{ NOTORIAL SEAL}
Notary:
Print Name:
Notary Public, State of Florida
My Commission Expires:
CITY OF SUNNY ISLES BEACH
AGREEMENT WITH
FOR CONCESSIONAIRE SERVICES FOR THE
SKATEBOARD PARK AT TOWN CENTER PARK
CONTRACT NO.
THIS CONTRACTOR AGREEMENT made and entered into this _ day of
2010 by and between the CITY OF SUNNY ISLES BEACH, FLORIDA, a
municipal corporation of the State of Florida, (hereinafter referred as to "City") and
,a Florida corporation, authorized to do business in the State of
Florida, (hereinafter referred to as "Contractor").
WHEREAS, the City wishes to employ Contractor to operate concessionaire services
for the skateboard park located at Town Center Park pursuant to the specifications outlined in
RFP No. 10-08-03 ; and
WHEREAS, the Contractor was selected by the City as the most qualified Proposer
in response to RFP No. 10-08-03; and
WHEREAS, the Contractor is qualified, willing and able to provide the desired
services on the terms and conditions set forth herein.
NOW THEREFORE, in consideration of the premises and the mutual covenants
herein named, the parties hereto agree as set forth below:
1. RECIT ALS. The Recitals set forth above are hereby incorporated into this
Agreement and made a part of hereof for reference.
2. SERVICES TO BE PERFORMED. Contractor shall perform the required services
in compliance with the terms and conditions specified in RFP No. 10-08-03, which are
incorporated herein. Contractor agrees to furnish all labor and materials in a good and
workmanlike and professional manner. The Services shall be performed by Contractor to the
full satisfaction of the City. Contractor agrees to immediately inform the City via telephone
and in writing of any problems that could cause damage to property and persons to the
skateboard park or concession stand area located at Town Center Park.
3. PAYMENTS TO THE CITY. In consideration for the terms of this Agreement, the
Contractor shall pay the City the concessionaire fees as proposed by Contractor in response
to RFP No. 10-08-03 from sales received by the Contractor from the sales and/or rentals at
the skateboard park at Town Center Park. Gross earnings shall not include any sales or
excise taxes imposed by any governmental entity. Payment to the City shall be sent to the
City no later than the tenth (10th) day of each month. Payments received from the tenth (10th)
of each month to the twenty fifth (25th) of each month shall be considered delinquent and
shall be assessed a ten percent (10%) penalty. Payments received after the twenty fifth (25th)
of each month shall be assessed an additional ten percent (10%) penalty. Failure by the
Contractor to tender payment to the City within thirty (30) days of any payment due date
shall be sufficient cause for the City to terminate this Agreement.
10. OBLIGATIONS OF CONTRACTOR
10.01 MINIMUM AMOUNT OF SERVICE BY CONTRACTOR: Contractor
agrees to devote the hours necessary to perform the services set forth in this
Agreement in an efficient and effective manner. Contractor may represent,
perform services for and be employed by additional individuals or entities, at
Contractor's sole discretion, as long as the performance of these extra-
contractual services does not interfere with or presents a conflict with City's
business.
10.02 HOURS OF OPERATION: Contractor agrees to perform the services as set
forth in this Agreement within the hours of operation established by the City
Manager or his designee.
10.03 PERMITS: Contractor is required to provide City, prior to commencement
of operation of the concessions, a copy of all licenses and/or certificates
necessary to operate its business in the City.
10.04 T AXES: Contractor agrees to pay all lawful taxes, assessments or charges
which may be levied by any government entity.
10.05 EOUIPMENT: Contractor, at their own expense, shall completely equip the
concession and keep all rental equipment in good repair and in safe operating
condition to the satisfaction of the City throughout the term of this
Agreement. Daily inspections of the contractor's equipment must be
maintained and available for review upon request of the City Manager or his
designee. Request to use the Skateboard Park's equipment or facility after
hours or for special events must be made in writing to the City Manager or his
designee.
10.06 QUALITY OF SERVICE/CONTROLLED RATES AND CHARGES:
The City has the right to inspect and schedule the prices and rates of goods
sold, entrance fees, and equipment rental prices upon the subject premises.
The City reserves the right to prohibit the sale of any item which it deems
objectionable or beyond the scope of merchandise deemed necessary for
proper service to the public. Contractor shall post rates and prices of all items
in such places as designated by the City. The Contractor is prohibited from
selling alcohol on the premises.
10.07 TOOLS AND INSTRUMENTALITIES: Contractor shall provide all tools
and instrumentalities to perform the services under this Agreement.
10.08 INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor,
including its employees, is an independent Contractor and shall be treated as
such for all purposes. Nothing contained in this agreement or any action of
the parties shall be construed to constitute or to render the Contractor an
employee, partner, agent, shareholder, officer or in any other capacity other
than as an independent Contractor other than those obligations which have
.-
been or shall have been undertaken by the City. Contractor shall be
responsible for any and all of its own expenses in performing its duties as
contemplated under this agreement. The City shall not be responsible for any
expense incurred by the Contractor. The City shall have no duty to withhold
any Federal income taxes or pay Social Security services and that such
obligations shall be that of the Contractor other than those set forth in this
agreement. Contractor shall furnish its own transportation, office and other
supplies as it determines necessary in carrying out its duties under this
agreement.
10.09 INDEMNIFICATION. Contractor agrees to indemnify, defend and hold
harmless, the City, its officers, agents, and employees from, and against any
and all claims, actions, liabilities, losses and expenses including, but not
limited to, attorney's fees for personal, economic or bodily injury, wrongful
death, loss of or damage to property, at law or in equity, which may arise or
may be alleged to have risen from the negligent acts, errors, omissions or
other wrongful conduct of the Contractor, agents or other personnel entity
acting under Contractor's control in connection with the Contractor's
performance of services under this Agreement and to that extent the
Contractor shall pay such claims and losses and shall pay all such costs and
judgments which may issue from any lawsuit arising from such claims and
losses including wrongful termination or allegations of discrimination or
harassment, and shall pay all costs and attorneys' fees expended by the City in
defense of such claims and losses including appeals. That the aforesaid hold-
harmless agreement by Contractor shall apply to all damages and claims for
damages of every kind suffered, or alleged to have been suffered, by reason of
any of the aforesaid operations of Contractor or any agent or employee of
Contractor regardless of whether or not such insurance policies shall have
been determined to be applicable to any of such damages or claims for
damages.
10.10 INSURANCE. Contractor shall, at its sole cost and expense, during the
period of any work being performed under this Agreement, procure and
maintain the following minimum insurance coverage to protect the City and
Contractor against all loss, claims, damage and liabilities caused by
Contractor, its agents, sub- Contractors or employees, as indicated below:
· Comprehensive General Liability ("CGL") insurance, with minimum
limits of One Million Dollars ($1,000,000) per occurrence, combined
single limit for Bodily Injury Liability and Property Damage Liability,
and Two Million Dollars ($2,000,000) aggregate.
. Worker's Compensation, as required by law, but with no less than
$1,000,000 for Employer's Liability.
. Business Automobile Liability which shall include coverage for all
owned, non-owned and hired vehicles for minimum limits of not less
than One Million Dollars ($1,000,000) per occurrence, One Million
..-
Dollars ($1,000,000) per accident for bodily injury and Five Hundred
Thousand Dollars ($500,000) per accident for property damage.
· Professional Liability/Error's and Omission's insurance covering any
damages caused by an error, omission or any negligent acts of
Contractor, its sub-contractors, agents, officers, or employees under
this Agreement with minimum limits of not less than One Million
Dollars ($1,000,000) per occurrence.
Insurance required of the Contractor shall be primary to, and not contribute with, any
insurance or self-insurance maintained by the City.
Such insurance shall not diminish Contractor's indemnification and obligations
hereunder. The insurance policy(ies) shall be issued by companies authorized to do
business under the laws of the State of Florida and acceptable to the City with a
minimum A.M. Best rating of A-Excellent. Before any work under this Agreement
is performed, and at any time upon request, Contractor shall furnish to the City
certificates of insurance evidencing the minimum required coverage and shall be
appropriately endorsed for contractual liability, with the City named as
additional insured. All policies shall contain a waiver of subrogation endorsement.
All policies and certificates shall be in forms and issued by insurance companies
acceptable to the City's Risk Management Department. All insurance policies and
certificates of insurance shall provide that the policies may not be canceled or altered
without thirty (30) days prior written notice to the City. The City reserves the right
from time to time to change the insurance coverage and limits of liability required to
be maintained by Contractor hereunder.
Contractor shall also require and ensure that each of its sub- Contractors providing
services hereunder (if any) procures and maintains, until the completion of the
services, insurance of the types and to the limits specified herein.
ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS
SECTION MUST BE APPROVED IN WRITING BY THE CITY.
10.11 CONTRACTOR'S MAINTENANCE: Except as otherwise provided III this
Agreement, Contractor, at its own cost and expense agrees:
a. To maintain throughout the agreement term in good sanitary order, condition,
and repair, all portions of the leased premises, including, without limitation, any
personal property of the Contractor situated in or upon the subject premises.
b. To notify the City promptly of any damage to the subject premises resulting
from or attributed to the acts or omissions of the Contractor, its invitees or its
authorized representatives, and thereafter promptly to repair all such damage. Any
damage resulting from the negligent acts or omissions of the Contractor or its
employees shall be repaired at Contractor's sole cost and expense.
-~
b. Termination for Convenience of City. The City may, for its convenience and
without cause terminate the services then remaining to be performed provided
that the Contractor is given ten (10) days notice. In such an event, the
provisions of subparagraph (a)i.-iii. above shall be applicable.
c. Termination for Insolvency. The City also reserves the right to terminate the
remaining services to be performed in the event the Contractor is placed either
in voluntary or involuntary bankruptcy or makes any assignment for the
benefit of creditors.
13. OWNERSHIP OF DOCUMENTS AND EOUIPMENT. All documents prepared
by the Contractor pursuant to this agreement and related services to this agreement are
intended and represented for the ownership of the City only. Any other use by Contractor or
other parties shall be approved in writing by the City. Contractor shall deliver to the City for
approval and acceptance, and before being eligible for final payment or any amounts due, all
documents and materials prepared by, and for, the City under this Agreement.
All oral and written information not in the public domain or not previously known, and all
information and data obtained, developed or supplied by the City, or at its expense, will be
kept confidential by the Contractor and will not be disclosed to any other party, directly or
indirectly, without the City's prior written consent, unless required by a lawful order. All
drawings, maps, sketches, programs, data base, reports and other data developed or
purchased under this Agreement for, or at the City's expense, shall be and remain the City's
property and may be reproduced and reused at the discretion of the City.
The City and Contractor shall comply with the provisions of Chapter 119, Florida Statutes
(Public Records Law). All covenants, agreements, representations and warranties made
herein, or otherwise made in writing by any party pursuant hereto, including, but not limited
to, any representations made herein relating to disclosure or ownership of documents, shall
survive the execution and delivery of this Agreement and the consummation of the
transactions contemplated hereby.
14. ASSIGNMENTS. TRANSFERS. SUBCONTRACTING. The Contractor shall not
subcontract, assign or transfer any work under this agreement without the prior written
consent of the City. Should the Contractor subcontract any services under this agreement, it
shall be done with continued liability for the Contractor. The Contractor shall remain
responsible for services, responsibilities and liabilities of any person or entity acting under
Contractor.
15. AUTHORITY TO PRACTICE. Contractor hereby represents and warrants that it
has and will continue to maintain all licenses and approvals required to conduct its business
and that it will at all times conduct its business activities in a reputable manner. Proof of
such licenses and approvals shall be submitted to the City prior to commencement of work
under this Agreement.
16. COORDINATION OF SERVICES. The City's representative/liaison during the
performance of this Agreement shall be Susan Simpson, Cultural and Human Services
Director, whose phone number is (305) 792-1706. Contractor shall not respond to requests
for services under this Agreement unless the request is received directly from Susan
Simpson, or her designated personnel. Any requests received from other City
departments/divisions shall be referred to Susan Simpson first for approval or if Susan
Simpson is unavailable, then to the City Manager, Rick Conner for approval prior to the
commencement of any work. Services performed without authorization by Susan
Simpson, or by the City Manager, Rick Conner, shall be considered unauthorized and
shall not be compensated/paid by the City.
17. TIME FOR PERFORMANCE: Except as otherwise expressly provided for in this
agreement, should the performance of any obligation required by this agreement to be
performed by either party be prevented or delayed by reason by any act of God, strike,
lockout, labor trouble, inability to secure materials, or any other cause except financial
inability not the fault of the party required to perform the act, the time for performance of the
act will be extended for a period of time equivalent to the period of delay will be excused;
provided, however, that nothing contained in this section shall exclude the prompt payment
by either party as required by this agreement or the performance of any act rendered difficult
or impossible solely because of the financial condition of the party required to perform the
act.
18. 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. The
non-prevailing party shall pay all costs of arbitration and attorneys' fees incurred by the
parties 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.
19. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the
term of this Agreement or any time for a period of Ten (10) years subsequent to that date
upon which the Contractor shall leave the employment of the City for any reason whatsoever,
disclose to any person or entity, other than in the discharge of the duties of the Contractor
under this Agreement, any information which the City designates in writing as
"confidentiaL" As a violation by the Contractor of the provisions of this Section could cause
irreparable injury to the City and there is no adequate remedy at law for such violation, the
City shall have the right, in addition to any other remedies available to it at law or in equity,
to enjoin the Contractor in a court of equity for violating such provisions.
20. NOTICES. All notices and communications hereunder shall be in writing and shall
be deemed given when sent postage prepaid by registered or certified mail, return receipt
requested and, if intended for City to City Manager, Rick Conner, with a copy to Hans
Ottinot, City Attorney, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles
Beach, Florida 33160, and, if intended for Contractor, shall be addressed to,
21. GOVERNING LAW. The validity of this Agreement and the interpretation and
performance of all of its terms shall be construed and enforced in accordance with the laws of
the State of Florida, without regard to principles of conflict of laws thereof. The location of
any action or proceeding commenced under or pursuant to this Agreement shall be in Miami-
Dade County, in the State of Florida.
22. AUDIT. The Contractor shall make available to the City or its representative all
required financial records associated with the Agreement for a period of three (3) years.
23. NON-DISCRIMINATION. The Contractor agrees to comply with all local and
state civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended,
Title VIII of the Civil Rights Act of 1968 as amended, Title I of the Housing and Community
Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the
Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive
Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and
12086. The Contractor will not discriminate against any employee or applicant for
employment because of race, color, creed, religion, ancestry, national origin, sex, disability
or other handicap, age, marital/family status, or status with regard to public assistance. The
Contractor will take affirmative action to insure that all employment practices are free from
such discrimination. Such employment practices include but are not limited to the following:
hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff,
termination, rates of payor other forms of compensation, and selection for training, including
apprenticeship. The Contractor agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided by the City setting forth the provisions
of this non-discrimination clause. The Contractor agrees to comply with any Federal
regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973
(29 U.S.C. 708), which prohibits discrimination against the handicapped in any Federally
assisted program.
24. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed
by the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and
by Sunny Isles Beach Ordinance No. 99-82, which are incorporated by reference herein as if
fully set forth herein, in connection with the Agreement conditions hereunder. Contractor
covenants that it presently has no interest and shall not acquire any interest, direct or
indirectly that should conflict in any manner or degree with the performance of the services.
25. ENTIRE AGREEMENT. This Agreement shall constitute the entire agreement
between the parties with respect to the subject matter hereof, and it shall supersede all
previous and contemporaneous oral and written negotiations, commitments, agreements and
understanding relating hereto. This Agreement may be executed in multiple identical
counterparts, each of which shall be deemed an original for all purposes. The terms and
conditions of this Agreement shall prevail over any contrary or inconsistent terms in any
other documents, including any attachments hereto.
26. AMENDMENT. Any modification of this Agreement shall be effective only if in
writing and signed by the parties to this Agreement. No waiver of any provision of this
Agreement shall be valid or enforceable unless such waiver is in writing and signed by the
party granting such waiver.
27. MISCELLANEOUS.
a. Contractor and its employees shall promptly observe and comply with applicable
provisions of all published federal, state and local laws, rules and regulations which govern
or apply to the services rendered by Contractor hereunder, or to the wages paid by Contractor
to its employees.
b. Contractor shall obtain and keep in force during the term of this Agreement all
necessary licenses, registrations, certificates, permits and other authorizations, as well as
insurance coverage, as required by law in order for Contractor to render the Service required
hereunder.
c. Except as expressly provided for in this Agreement, Contractor is not authorized to
act as the City's Agent hereunder and shall have no authority, expressed or implied, to act for
or bind the City hereunder, either in Contractor's relations with sub-Contractors, or in any
other manner whatsoever.
[Remainder of page intentionally left blank.]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
triplicate on the day and year first written above.
WITNESSES:
COMPANY
Signature
Print Name
BY:
Name & Title
WITNESSES:
Signature
Print Name
ATTEST:
CITY OF SUNNY ISLES BEACH
BY:
Jane A. Hines, CMC, City Clerk
BY:
Norman S. Edelcup, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Hans Ottinot, City Attorney
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