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HomeMy WebLinkAboutDOC011112U Request for Proposal Goods & Services o /f� \s� 91>* F L p 5 OF SUN PLO �c�FY OF SUN Pao City Wide Healthy Organic Vending Machine Services Request for Proposal No. 11 -11 -04 Publish Date: 11/14/2011 Pre -Bid Conference: Intentionally Omitted Bid Due and Bid Opening Date: 11/30/2011 at 10:00 AM Where to Deliver Proposal Sunny Isles Beach Government Center 18070 Collins Avenue Sunny Isles Beach, Florida 33160 City of Sunny Isles Beach I Request for Proposal No. 11- 11 -04�® ` "YOF SUN FC TABLE OF CONTENTS Table of Contents Page 1 of 7 Page 2 Legal Advertisement /Notice to Bidder Equal Opportunity / Affirmative Action Statement Page 3 Instructions to Bidder / General Terms Section 1 Page 4 Special Terms & Conditions Section 2 Page 10 Scope of Work / Technical Specifications Section 3 Page 13 Evaluation Process Section 4 Page 16 Proposal Format Section 5 Page 18 Bid Submittal Form Section 6 Page 20 Affidavits Non - Collusive Affidavit Page 1 of 7 Public Entity Crimes Page 2 of 7 Equal Opportunity / Affirmative Action Statement Page 4 of 7 Conflict of Interest Statement Page 5 of 7 Dispute Disclosure Form Page 6 of 7 Anti - Kickback Affidavit Page 7 of 7 Attachments Attachment — A Sample List of Healthy Organic Foods Attachment — B Map of Park Locations Attachment — C Map of Beach Access Locations City of Sunny Isles Beach I Request for Proposal No. 11 -11 -04 '11y of 5Uµ t' "v LEGAL ADVERTISEMENT NOTICE TO BIDDER NOTICE IS HEREBY GIVEN that the City of Sunny Isles Beach is seeking sealed Bids for the following work as specified. City Wide Healthy Organic Vending Machine Services Request for Proposal No. 11 -11 -04 The Bid Specifications for this Request for Proposal are available from DemandStar by calling (800) 711- 1712 or by accessing their website at www.demandstar.com. The Bid Specifications may also be examined at the City of Sunny Isles Beach — Office of the City Clerk. Vendors who obtain the Bid Specifications from sources other than DemandStar or the City of Sunny Isles Beach are cautioned that their Bid response package may be incomplete. Addenda will be posted and disseminated by DemandStar at least five days prior to the submittal date to all vendors who are listed on the official list. The City may not accept incomplete Bids. Bids shall be on a unit price basis; segregated Bids will not be accepted. Sealed Bids will be received by the City Clerk no later than 10:00 AM, on Wednesday, 11/30/2011 at the Sunny Isles Beach Government Center located at 18070 Collins Avenue, 4th floor, Sunny Isles Beach, Florida, 33160. Bids received after this time will not be considered. The City is under no obligation to return Bids. Timely submitted Bids will be opened publicly and read aloud at this time. The envelope containing the sealed Bid must be clearly marked: - IMPORTANT, BID ENCLOSED" Bid No. 11 -11 -04 City Wide Healthy Organic Vending Machine Services OPENING DATE AND TIME: Wednesday, 11/30/2011 at 10:00 AM The Owner reserves the right to reject any or all Bids, with or without cause, to waive technical errors and informalities, and to accept the Bid, which best serves the interest of, and represents the best value to, the Owner in conformity with the criteria set forth in Section 62 -8 of the Code of Ordinances of the City of Sunny Isles Beach. All questions regarding Request for Proposal No. 11 -11 -04 shall be directed in writing to Jane A. Hines, CIVIC, City Clerk, at least five (5) business days prior to the date of the Bid opening. Questions may be submitted via email to: JHines(a)sibfl.net or via facsimile (305) 792 -1563 or via regular mail at: Jane A. Hines, CIVIC, City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL 33160. Jane Hines, CIVIC, City Clerk City of Sunny Isles Beach City of Sunny Isles Beach I Request for Proposal No. 11 -11 -04 "7h' of SUN Pr SECTION 1 INSTRUCTIONS TO BIDDER / GENERAL TERMS AND CONDITIONS THESE INSTRUCTIONS ARE STANDARD FOR ALL BID COMMODITIES /SERVICES ISSUED BY THE CITY OF SUNNY ISLES BEACH. THE CITY OF SUNNY ISLES BEACH MAY DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR CONTRACT BY INDICATING SUCH CHANGE IN SPECIAL INSTRUCTIONS TO BIDDERS OR IN THE BID SHEETS. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THE GENERAL CONDITIONS SHALL HAVE PRECEDENCE. BIDDER AGREES THAT THE PROVISIONS INCLUDED WITHIN THIS BID OR RFP SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY STANDARD FORM CONTRACT OF THE BIDDER REGARDLESS OF ANY LANGUAGE IN BIDDER'S CONTRACT TO THE CONTRARY. 1.1 Any questions concerning the Bid Specifications or any required need for clarification must be made to Jane A. Hines, CMC, City Clerk via email to: JHines @sibfi.net or via facsimile (305) 792 -1563 or via regular mail at: Jane A. Hines, CMC, City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL 33160. Such requests for clarification /explanation or questions must be made in writing to Jane A. Hines, CMC, City Clerk, at least five (5) business days prior to the date of the Bid opening. Interpretations or clarifications considered necessary by the City will be issued by addenda and posted /disseminated by DemandStar (www.demandstar.com) to all parties listed on the official plan holders' list as having received the Bid documents. Only questions answered by written addenda shall be binding. Oral interpretations or clarifications shall be without legal effect. No plea of ignorance or delay or required need of additional information shall exempt a Proposers from submitting their Bid on the required date and time as publicly noted. 1.2 PLAN HOLDER'S LIST: As a convenience to vendors, the City of Sunny Isles Beach has made available via internet lists of all plan holders for each Request for Proposal, Request for Proposal, and request for qualifications. The information is available on -line at www.demandstar.com or by calling the Office of the City Clerk at (305) 792 -1703. 1.3 ADDENDA TO SPECIFICATIONS: If any addenda are issued after the initial specifications are released, the City will post and disseminate the addenda through DemandStar. For those projects with separate plans, blue prints, or other materials that cannot be accessed through the internet, the Office of the City Clerk will make good faith effort to ensure that all registered proposers (those who have been registered as receiving a Bid package) receive the documents. It is the responsibility of the vendor prior to the submission of any Bid to check the above website or contact the Office of the City Clerk at (305) 792 -1703 to verify any addenda issued. The receipt of all addenda must be acknowledged on the Bid Response Sheet. 1.4 SPECIAL ACCOMMODATIONS: 1.5 Any person requiring a special accommodation at a Pre -Bid Conference or Bid /RFP /RFQ opening because of a disability should call the Office of the City Clerk at (305) 792 -1703 at lease five (5) days prior to the Pre -Bid Conference or Bid /RFP /RFQ opening. If you are hearing or speech impaired, please contact the Office of the City Clerk by calling the City of Sunny Isles Beach using the Florida Relay Service which can be reached at 1(800) 955 -8771 (TOO). Pursuant to the provisions of paragraph (2) (a) of section 287.133, Florida statutes - "a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may n submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded to perform work as a Contractor, supplier, sub - Contractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.107, for category two for a period of 36 months from the date of being placed on the convicted vendor list ". 1.6 BID DEADLINE: Bids must be submitted no later than the time and date shown within this document. 1.7 SEALED BID: The entire Bid Response Package shall be placed in an opaque envelope (with all items listed on the Bid checklist form and all other items required within this Request for Proposal must be executed) and submitted in a sealed envelope. 1.8 BID EXECUTION. SIGNATURES. ERASURE/ CORRECTION: All Bids shall be signed in blue ink. All price quotes shall be typewritten or printed with ink. All corrections made by the proposers prior to the opening must be initialed and dated by the proposers. No changes or corrections will be allowed after Bids are opened. Bids must contain an original, manual signature of an authorized representative of the company. 1.9 WITHDRAWAL OF BIDS: Proposers may withdraw Bids only by written request and shall forward the withdrawal request via "Certified U.S. Mail — Return Receipt Requested" prior to the Bid opening time. Negligence on the part of the Proposers in preparing the Bid confers no right for the withdrawal of the Bid after it has been opened. 1.10 BID OPENING: Bids will be opened publicly at the time and place stated in the Notice to Bidder. It is the responsibility of the proposers to insure that the Bid reaches the Office of the City Clerk on or before the closing hour and date stated on the Request for Proposal. After the Bid opening, the contents of the Bid Form will be made public for the information of vendors and other interested parties who may be present either in person or by representative. Bids that are received after the Bid opening time will not be considered and will not be returned. 1.11 EVALUATION OF BIDS: The City, at its sole discretion, reserves the right to inspect any /all Proposers facilities to determine their capability of meeting the requirements for the Contract. Also, price, responsibility, and responsiveness of the Proposers, the financial position, experience, staffing, equipment, materials, references, and past history of service to the City and /or with other units of state, and /or local governments in Florida, or comparable private entities, will be taken into consideration in the Award of the Contract. 1.11.1 Hold Harmless: All Proposers shall hold the City, its officials and employees harmless and covenant not to sue the City, it's officials and employees in reference to their decisions to reject, award, or not award a Bid, as applicable. 1.11.2 Cancellation: Failure on the part of the Proposers to comply with the conditions, specifications, City of Sunny Isles Beach I Request for Proposal No. 11 -11 -04 requirements, and terms as determined by the City, shall be just cause for cancellation of the Award. 1.11.3 Disputes: If any dispute concerning a question of fad arises under the Contract, other than termination for default or convenience, the Contractor and the City department responsible for the administration of the Contract shall make a good faith effort to resolve the dispute. If the dispute cannot be resolved by 1.18 agreement, then the department with the advice of the City Attorney shall resolve the dispute and send a written copy of its decision to the Contractor, which shall be binding on troth parties. 1.12 AGREEMENT: After the Bid award, the City will, at its option, prepare an Agreement specifying the terms and conditions resulting from the award of this Bid. The vendor will have ten (10) calendar days after notification of the award by the City to execute the Agreement and provide the required Performance Bond. 1.19 The Proposers who has the Contract awarded to them and who fails to execute the Agreement and furnish the Performance Bond and Insurance Certificates within the specified time shall forfeit the Bid Security that accompanied their Bid, and the Bid Security shall be retained as liquidated damages by the City, and it is agreed that this sum is a fair estimate of the amount of damages the City will sustain in case the Proposers fails to enter into the Contract and furnish the Bonds as herein before provided. Bid Security deposited 1.20 in the form of a cashier's check drawn on a local bank in good standing shall be subject to the same requirements as a Bid Bond. The performance of the City of Sunny Isles Beach of any of its obligations under the agreement shall be subject to and contingent upon the availability of funds lawfully expendable for the purposes of the agreement for the current and any future periods provided 1.21 for within the Bid specifications. 1.13 PAYMENTS: Payment will be made after commodities /services have been received, accepted, and properly invoiced as indicated in the contract and /or purchase order. Invoices must bear the purchase order number. 1.22 1.14 BRAND NAMES: If a brand name, make, of any "or equal" manufacturer trade name, or vendor catalog is mentioned whether or not followed by the words "approved equal' it is for the purpose of establishing a grade or quality of material only. Vendor may offer equals with appropriate identification, samples, and /or specifications on such item(s). The City shall be the sole judge concerning the merits of items Bid as equals. 1.15 MATERIAL: Material(s) delivered to the City under this Bid shall remain the property of the seller until accepted to the satisfaction of the City. In the event materials supplied to City are found to be defective or do not conform to specifications, the City reserves the right to return the product(s) to the seller at the seller's expense. 1.16 SAMPLES: Samples of items, when required, must be furnished by the Proposers free of charge to the City. Each individual sample must 1.23 be labeled with the Proposers name and manufacturer's brand name and delivered by them within ten (10) calendar days of Proposers receipt of the "Notice to Proceed ", unless schedule indicates a different time. If samples are requested subsequent to the Bid opening, they should be delivered within ten (10) calendar days of the request. The City will not be responsible for returning samples. 1.17 QUANTITY GUARANTY: No guaranty or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting `7'�- OF SUtr at,_ Contract or Award. These quantities are for Bid purposes only and will be used for tabulation and presentation of the Bid. The City reserves the right to increase or decrease quantities as required, even significantly. The prices offered herein and the percentage rate of discount applies to other representative items not listed in this Bid. GOVERNMENTAL RESTRICTIONS ON MATERIALS: In the event any governmental restrictions may be imposed which would necessitate alteration of the material quality, workmanship, or performance of the items offered on this Bid prior to their delivery, it shall be the responsibility of the successful Proposers to notify the City at once, indicating in their letter the specific regulation which required an alteration. The City of Sunny Isles Beach reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel at no further expense to the City. SAFETY STANDARDS: The Proposers warrants that the product(s) supplied to the City conforms in all respects to the standards set forth in the occupational safety and health act (OSHA) and its amendments. Bids must be accompanied by a materials data safety sheet (MSDS) when applicable. WARRANTIES: Successful Proposers shall act as agent for the City in the follow -up and compliance of all items under Warranty/Guaranty and complete all forms for Warranty/Guarantee coverage under this Contract. Proposers warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or selling of goods shipped or ordered, as a result of this Bid. The seller agrees to indemnify City from any and all liability, lass, or expense occasioned by any such violation. LOCAL BUSINESS TAX (OCCUPATIONAL LICENSE REGISTRATION): The contractor shall be responsible for obtaining and maintaining throughout the contract period his or her city and county local business tax receipts. Each vendor submitting a Bid on this Request for Proposal shall include a copy of the company's local business tax /occupational license(s) with the Bid response. For information specific to City of Sunny Isles Beach local business tax/occupational licenses, please call Code Enforcement & Licensing at (305) 792 -1705. If the contractor is operating under a fictitious name as defined in Section 865.059, Florida Statutes, proof of current registration with the Florida Secretary of State shall be submitted with the Bid. A business formed by an attorney actively licensed to practice law in this state, by a person actively licensed by the Department of Business and Professional Regulations or the Department of Health for the purpose of practicing his or her licensed profession, or by any corporation, partnership, or other commercial entity that is actively organized or registered with the Department of State shall submit a copy of the current licensing from the appropriate agency and /or proof of current active status with the Division of Corporations of the State of Florida. LIABILITY, INSURANCE, PERMITS AND LICENSES: Proposers shall assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, inspections, and insurance required. The Proposers shall be liable for any damages or loss to the City occasioned by negligence of the Proposers (or their agent) or any person the Proposers has designated in the completion of their contract as a result of the Bid. Contractor shall be required to furnish a copy of all licenses, certificates of competency or other licensor requirements necessary to practice their profession as required by Florida State Statute, Miami -Dade County, and City of Sunny Isles Beach Code. Contractors shall include current Miami - Dade County Certificates of Competency. These documents shall City of Sunny Isles Beach I Request for Proposal No. 11 -11 -04 `/�Y Of SUVA P` - City of Sunny Isles Beach I Request for Proposal No. 11 -11 -04 be furnished to the City along with the Bid response. Failure to delivery schedules may result in the Contractor being found in furnish these documents or to have required licensor will be default. grounds for rejecting the Bid. 1.28 DEFAULT PROVISION: 1.24 CERTIFICATES) OF INSURANCE: In case of default by the Proposers, the City of Sunny Isles Beach Proposers shall furnish to the Office of the City Clerk, City of Sunny may procure the articles or services from other sources and hold Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida the Proposers responsible for any excess costs occasioned or 33160, certificate(s) of insurance which indicate that insurance incurred thereby. coverage has been obtained from an insurance company authorized to do business in the State of Florida or otherwise secured in a 1.29 SECONDARY /OTHER VENDORS: manner satisfactory to the City, for those coverage types and amounts listed in this document, in an amount equal to 100% of The City reserves the right in the event the primary vendor cannot the requirements and shall be presented to the City prior to provide an item(s) or service(s) In a timely manner as requested, to issuance of any Contract(s) or Award(s) Document(s). The City of seek other sources without violating the intent of the Contract. Sunny Isles Beach shall be named as "additional insured" with respect to this coverage. The required certificates of insurance 1.30 DEFINITIONS: shall not only name the types of policies provided, but shall also refer specifically to this Bid and section. At the time of Bid Wherever used in these General Conditions or in the other Contract submission the Proposers must submit certificates of insurance as Documents, the following terms shall have the meaning indicated outlined in the General Conditions section. All required insurances which shall be applicable to both the singular and plural thereof: shall name the City of Sunny Isles Beach as additional insured and such insurance shall be issued by companies authorized to issue Acceptance: Acceptance by the City of the Work as insurance in the State of Florida. It shall be the responsibility of being fully complete in accordance with the Proposers and insurer to notify the City Manager of the City of the Contract Documents subject to Sunny Isles Beach of cancellation, lapse, or material modification of waiver of claims. any insurance policies insuring the Proposers, which relate to the activities of such vendor and the City of Sunny Isles Beach. Such Agreement: The written Agreement between the City notification shall be in writing, and shall be submitted to the City and the Contractor covering the Work to finance support service director thirty (30) days prior to be performed, which includes the cancellation of such policies. This requirement shall be reflected on Contract Documents. the certificate of insurance. Failure to fully and satisfactorily comply with the city's insurance and bonding requirements set Addenda: Written or graphic instruments issued forth herein will authorize the City Manager to implement a prior to the Bid Opening which modify rescission of the Bid award without further City Commission action. or interpret the Contract Documents, The Proposers hereby holds the City harmless and agrees to Drawings and Specifications, by indemnify City and covenants not to sue the City by virtue of such addition, deletions, clarifications or rescission. corrections. 1.25 ASSIGNMENT: Approved: Means approved by the City. The Contractor shall not transfer or assign the performance Bid: The offer of the Proposers submitted on required by this Bid without prior written consent of the City the prescribed form setting forth the Manager. Any award issued pursuant to the Request for Proposal prices for the Work to be performed. and monies which may be due hereunder are not assignable except with prior written approval of the City Manager. Further, in the Proposers: Any person, firm or corporation event that the majority ownership or control of the Contractor submitting a Bid for Work. changes hands subsequent to the award of this contract, Contractor shall promptly notify City in writing (via United States Bonds: Bid, performance bond and other Postal Service — Certified Mail, Return Receipt Requested) of such instruments of security, furnished by the change in ownership or control at least thirty (30) days prior to Contractor and their surety in such change and City shall have the right to terminate the contract accordance with the Contract upon sixty (60) days written notice, at City's sole discretion. Documents and in accordance with the law of the State of Florida. 1.26 HOLD HARMLESS /INDEMNIFICATION: Change Order: A written order to the Contractor signed The Contractor shall indemnify, hold harmless, and defend the City by the City authorizing an addition, of Sunny Isles Beach, it's officers, agents and employees from and deletion or revision in the Work, or an against any claims, demands or causes of action of whatsoever adjustment in the Contract Price or the kind or nature arising out of error, omission, negligent act, conduct, Contract Time issued after execution of or misconduct of the Contractor, their agents, servants or the Agreement. employees in the provision of goods or the performance of services pursuant to this Bid and / or from any procurement decision of the City: City of Sunny Isles Beach, 18070 Collins City including without limitation, awarding the Contract to the Avenue, Sunny Isles Beach, Florida Contractor. 33160. 1.27 NON - CONFORMANCE TO CONTRACT: Contract Documents: Contract Documents shall include, Instructions to Proposers, Contractor's The City of Sunny Isles Beach may withhold acceptance of, or Bid, the Bonds, the Notice of Award, the reject items which are found upon examination, not to meet the Agreement between the City and specification requirements. Upon written notification of rejection, Contractor as well as any addenda items shall be removed within (5) calendar days by the vendor at thereto, these General Conditions, their own expense and redelivered at their expense. Rejected Special Conditions, the Technical goods left longer than thirty (30) calendar days will be regarded as Specifications, Drawings and abandoned and the City shall have the right to dispose of them as Modifications, Notice to Proceed, its own property. Rejection for non - conformance or failure to meet Request for Proposal, Insurance Certificates, Change Orders and City of Sunny Isles Beach I Request for Proposal No. 11 -11 -04 ""P OF sutli Pr, Acknowledgment of Conformance with the City of Sunny Isles Beach. Written Notice: The term "Notice" as used herein shall mean and include all written notices, Contract Price: The total monies payable to the demands, instructions, claims, approvals Contractor under the Contract and disapproval's required to obtain Documents. compliance with Contract requirements. Written notice shall be deemed to have Contract Time: The number of calendar days stated in been duly served if delivered in person the Agreement for the completion of the to the individual or to a member of the Work. firm or to an officer of the corporation for whom it is intended, or to an Contracting Officer: The individual who is authorized to sign authorized representative or such the contract documents on behalf of the individual, firm, or corporation, or if City's governing body. delivered at or sent by registered mail to the last business address known to Contractor: The person, firm or corporation with them who gives the notice. Unless whom the City has executed this otherwise stated in writing, any notice Agreement. to or demand upon the City under this Contract shall be delivered to the City. Day: A calendar day of twenty-four hours measured from midnight to the next 1.31 BID AWARD: midnight. The City reserves the right to reject any and all Bids at its sole Field Order: A written order issued by the City which discretion. Bids shall be awarded by the City after the City clarifies or interprets the Contract performs all necessary searches, inquiries, exploration, and analysis Documents or orders minor changes in of the Bids. The Bid shall be awarded to the lowest responsible the Work. and responsive proposer whose Bid best serves the interests of and represents the best value to the City in conformity with the criteria Modification: Modification means any one of the set forth in Section 62 -8 of the City Code. No Notice of Award will following: (a) a written amendment of be given until the City has concluded any investigation(s) as they the Contract Documents signed by both deem necessary to establish the Proposer's capability to perform parties, (b) a Change Order, (c) a the Services as described in this RFP, ITB, RFQ or ITQ, as written clarification or interpretation if substantiated by the required professional experience, client issued by the City, or (d) a written order references, technical knowledge and qualifications; and sufficient for minor change or alteration in the labor and equipment to comply with the City's established Work issued by the City. A modification standards, as well as the financial capability of the Proposer to may only be issued after execution of perform the Work in accordance with the Contract Documents to the Agreement. the satisfaction of the City within the time prescribed. The City reserves the right to reject the Bid of any Proposers on the basis of Notice of Award: The written notice by City to the these queries and investigations and who does not meet the City's apparent successful Proposers stating satisfaction, even though the firm may be the lowest dollars and that upon compliance with the cents Bid. In analyzing Bids, the City will also take into conditions precedent to be fulfilled by consideration client references, past work experience and work him within the time specified, City will product, proven ability to satisfactorily perform. If the Contract is execute and deliver the Agreement to awarded, the City will issue the Notice of Award and give the him. successful Proposers a Contract for execution within ninety (90) days after opening of Bids. The City specifically reserves the right Samples: Physical examples which illustrate to award the contract to a proposer who is not necessarily the materials, equipment or workmanship lowest dollars and cents proposers on the basis of the results of and establish standards by which the these queries and investigation(s). Work will be judged. 1.32 EXECUTION OF AGREEMENT: Specifications: Those portions of the Contract Documents consisting of written At least four counterparts of the Agreement, the Performance technical descriptions of materials, Bond, the Certificates of Insurance and such other Documents as equipment, construction systems, required by the Contract Documents shall be executed and standards and workmanship as applied delivered by Contractor to the City within ten (10) calendar days of to the Work. receipt of the Notice of Award. Statement of Services: The form furnished by the City which is 1.33 LAWS AND REGULATIONS: to be used by the Contractor in requesting progress payments. The Contractor will give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work. If the Supplier: Any person or organization who supplies Contractor observes that the Specifications are at variance materials or equipment for the Work, therewith, they will give the City prompt written notice thereof, and including that fabricated to a special any necessary changes shall be adjusted by an appropriate design, but who does not perform labor modification. If the Contractor performs any Work knowing it to be at the site. contrary to such laws, ordinances, rules and regulations, and without such notice to the City, they will bear all costs arising Work: Any and all obligations, duties and wherefrom. responsibilities necessary to the successful completion of the Project 1.34 TAXES: assigned to or undertaken by Contractor under the Contract Documents, The City of Sunny Isles Beach is exempt from sales tax imposed by including all labor, materials, equipment the State and /or Federal Government. Florida Sales Tax Exemption and other incidentals, and the furnishing No. 23 -00- 477131 -54C appears on each purchase order. thereof. Exemption certificates are available upon request. City of Sunny Isles Beach I Request for Proposal No. 11 -11 -04 1.35 DUTY TO DEFEND, INDEMNIFY AND SAVE HARMLESS: In consideration of the separate sum of twenty-five dollars ($25.00) and other valuable consideration, the Contractor shall defend, indemnify and hold harmless the City, its officers, agents and employees, from or on account of any injuries or damages, received or sustained by any person or persons during or on account of any operations connected with the Work described in the Contract Documents, or by or in consequence of any negligence in connection with the same; or by use of any improper materials or by or on account of any act or omission of the said Contractor or his Sub - Contractor, agents, servants or employees. The Contractor will defend, indemnify and hold harmless the City and their agents or employees from and against all claims, damages, losses and expenses including attorneys' fees arising out of or resulting from the performance of the Work, provided that any such claim damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than Work itself) including the loss of use resulting wherefrom and (b) is caused in whole or in part by any negligent act or omission of the Contractor, Sub - Contractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused by a party indemnified hereunder. In the event that a court of competent jurisdiction determines that Sec. 725.06 (2), F.S. is applicable to this Work, then in lieu of the above provisions of this section the parties agree that Contractor shall indemnify, defend and hold harmless the City, their officers and employees, to the fullest extent authorized by Sec. 725.06 (2) F.S., which statutory provisions shall be deemed to be incorporated herein by reference as If fully set forth herein. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor, upon written notice from City shall defend such action or proceeding by counsel satisfactory to City. The indemnification provided above shall obligate Contractor to defend at its own expense or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description that may be brought against City, excluding only those which allege that the injuries arose out of the sole negligence of City, which may result from the operations and activities under this Contract whether the Work be performed by Contractor, its Sub - Contractors, or by anyone directly or indirectly employed by either. 1.36 DECISIONS ON DISAGREEMENTS: The City will be the initial interpreter of the Technical Specifications. 1.37 CITY MAY TERMINATE: If the Contractor is adjudged bankrupt or insolvent, or if they make a general assignment for the benefit of their creditors, or if a trustee or receiver is appointed for the Contractor or for any of their property, or 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 fails to supply sufficient skilled workmen or suitable materials or equipment, or if they repeatedly fail to make prompt payments to Sub - Contractors or for labor, materials or equipment or they disregard laws, ordinances, rules, regulations or orders of any public Lady having jurisdiction, or if they disregard the authority of the City, of if they otherwise violate any provision of, the Contract Documents, 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, terminate the services of the Contractor and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor, and finish the Work by whatever method they may deem expedient. In such case the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess shall be paid to the Contractor. If such costs exceed such unpaid balance, the Contractor will pay the difference to the City. Such costs incurred by the City will be determined by the City and 1.38 1.39 1.40 1.41 VIP OF SUN l'", incorporated in a Change Order. If after termination of the Contractor under this Section, it is determined by a court of competent jurisdiction for any reason that the Contractor was not in default, the rights and obligations of the City and the Contractor shall be the same as if the termination had been issued pursuant to this document. 1.37.1 Where the Contractor's services have been so terminated by the City said termination shall not affect any rights of the City against the Contractor then existing or which may thereafter accrue. Any retention or payment of moneys by the City due the Contractor will not release the Contractor from liability. 1.37.2 Upon ten (10) days written notice to the Contractor, the City may, without cause and without prejudice to any other right or remedy, elect to terminate the Agreement. In such case, the Contractor shall be paid for all Work executed and accepted by the City as of the date of the termination. No payment shall be made for profit for Work which has not been performed. MISCELLANEOUS: Proposers acknowledge the following miscellaneous conditions: 1.38.1 Whenever any provision of the Contract Documents requires the giving of written notice it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to them who gives the notice. 1.38.2 The Contract Documents shall remain the property of the City. The Contractor shall have the right to keep one record set of the Contract Documents upon completion of the Project. 1.38.3 The duties and obligations imposed by these General Conditions, Special Conditions and Supplemental Conditions and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon Contractor and those in the Special Conditions and the rights and remedies available to the City, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available by law, by special guarantee or by other provisions of the Contract Documents. 1.38.4 Should the City or the Contractor suffer injury or damage to its person or property because of any error, omission, or act of the other or of any of their employees or agents or others for whose acts they are legally liable, claim shall be made in writing to the other party within a reasonable time of the first observance of such in jury or damage. WAIVER OF JURY TRIAL: City and Contractor knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim based upon the Contract Documents or the performance of the Work there under. GOVERNING LAW: The Contract shall be construed in accordance with and governed by the law of the State of Florida. VENUE: City of Sunny Isles Beach I Request for Proposal No. 11 -11 -04 , Venue of any action to enforce the Contract Documents shall be in Miami -Dade County, Florida. 1.42 ARBITRATION: It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami -Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non - prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. 1.43 PROJECT RECORDS: City shall have right to inspect and copy during regular business hours at City's expense, the books and records and accounts of Contractor which relate in any way to the Project, and to any claim for additional compensation made by Contractor, and to conduct an audit of the financial and accounting records of Contractor which relate to the Project. Contractor shall retain and make available to /4, or slog Pr City all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three years following final completion of the Project. During the Project and the three year period following final completion of the Project, Contractor shall provide City access to its books and records upon five days written notice. 1.44 SEVERABILITY: If any provision of the Contract or the application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of the Contract, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 1.45 INDEPENDENT CONTRACTOR: End of Section The Contractor is an independent Contractor under the Contract. Services provided by the Contractor shall be by employees of the Contractor and subject to supervision by the Contractor, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures, applicable to services rendered under the Contract shall be those of the Contractor. City of Sunny Isles Beach I Request for Proposal No. 11 -11 -04 1 ` " of SoA P" Section 2 Special Terms and Conditions 2.1 PURPOSE OF PROPOSAL: The City of Sunny Isles Beach, Florida, (the "City's a municipality located in Miami -Dade County, Florida, requests qualified Proposers to submit proposals for City Wide Healthy Organic Vending Machine Services as more particularly described in Section 3 of this RFP. 2.2 PRE - PROPOSAL CONFERENCE Intentionally Omitted 2.3 TERM This contract will commence on the first calendar day of the month succeeding approval of the contract by the City Commission, or designee, unless otherwise stipulated in the Notice of Award letter, which is distributed by the City's Purchasing Agent; and contingent upon the completion and submittal of all required proposal documents. This contract shall remain in effect for one (1) year; provided that the services rendered by the Proposer during the contract period are satisfactory. 2.4 OPTIONS TO RENEW Prior to, or upon completion, of that initial term, the City shall have the option at its sole discretion to renew this contract for an additional four (4) one year renewals. 2.5 PRICE If the Proposer is awarded a contract under this solicitation, the prices proposed by the proposer shall remain fixed and firm during the Initial term of contract and each subsequent renewal. 2.6 PERFORMANCE AND PAYMENT BOND Intentionally Omitted. 2.7 DELIVERY Intentionally Omitted. 2.8 INSURANCE Comprehensive General Liability with minimum limits of one million dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the City of Sunny Isles Beach I Request for Proposal No. 11 -11 -04 11 �Itr OF SUN P, Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: • Premises and Operation • Independent Contractors • Products and /or Completed Operations Hazard • Broad Form Property Damage • Broad Form Contractual Coverage applicable to this specific contract, including any hold harmless and /or indemnification agreement. • Personal Injury Coverage with employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. Business Automobile Liability with minimum limits of one million dollars (1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: • Owned Vehicles; • Hired and Non -Owned Vehicles; • Employers' Non - Ownership. Before starting the work, the contractor will file and make sure that all certificates of insurance required by this document and by the contract are in the City's possession. These certificates shall contain a provision that the coverage afforded under the policies will not be canceled or materially changed until at least thirty (30) days prior written notice has been given to the City Manager or his designee by certified mail. The City shall be named as an additional insured on the above - referenced policies. The Contractor agrees that if any part of the work under the contract is sublet, they will require the sub - contractors) to carry insurance as required, and that they will require the sub - contractors) to furnish to them insurance certificates similar to those required by the City in this section. 2.8.1 Cancellation and Re- Insurance: If any insurance should be canceled or changed by the insurance company or should any insurance expire during the period of this contract, the contractor shall be responsible for securing other acceptable insurance to provide the coverage specified in this section to maintain coverage during the life of this contract. All deductibles must be declared by the contractor and must be approved by the City. At the option of the City, either the contractor shall eliminate or reduce such deductible or the contractor shall procure a bond, in a form satisfactory to the City, covering the same. 2.9 MONTHLY INVOICES PAYMENTS City of Sunny Isles Beach I Request for Proposal No. 11 -11 -04 " " OF SUN P'- Intentionally Omitted 2.10 FEDERAL, STATE AND LOCAL REGULATIONS The successful Proposer shall comply with all federal, state and local ordinances, regulations, and rules as well as any other laws that would apply to the proposed project. Such proposer costs associated with regulatory requirements shall be included in the project cost whether depicted specifically or not within the body of the proposal. 2.11 NOTIFICATION TO BEGIN WORK SHALL BE GIVEN THROUGH A NOTICE TO PROCEED: The proposer shall neither commence any work, nor enter a City work premise, until a written Notice to Proceed (NTP) directing the proposer to proceed with the work has been received by the proposer from the City Manager or his designee; provided however, that such notification shall be superseded by any emergency work that may be required in accordance with provisions included elsewhere in this solicitation and resultant contract. END OF SECTION City of Sunny Isles Beach I Request for Proposal No. 11 -11 -04 Section 3 Scope of Services / Technical Specifications 3.1 BACKGROUND `'fY OF S11N 0 The City of Sunny Isles Beach is seeking proposals for vending machines services from experienced vending machine operators. This RFP is intended to encourage vendors to clearly present how they would provide the required services, propose option for services or service enhancements and operate these services in a consistent and revenue positive manner. 3.2 SCOPE OF SERVICES 3.3 The City is embarking on a healthy foods initiative provide healthy organic product alternatives. The throughout the City. The successful proposer will additional machines throughout the City at the attachment A. LOCATIONS See attachment B for Map The selected vending concessionaire shall City currently has 10 vending machines replace the existing 10 machines and add proposed locations per section 3.3 and Existing Machines # Location #Beverage Machines #Snack Machines #Soda / Snack Combo 1 City Hall 1st Floor 1 1 3 2 City Hall 2nd Floor 1 1 17901 Collins Ave 3 City Hall 4th Floor 17875 Collins Ave 6 1 4 Pelican Community Park 1 1 5 Samson Ocean Front Park 3 6 3 1 Proposed New locations # Location Address 1 South End of Ocean 1 19333 Collins Ave South 2 North End of Ocean 1 19333 Collins Ave North 3 North End of Ocean 2 19111 Collins Ave 4 North End of Golden Strand 17901 Collins Ave 5 North End of Ac ualina 17875 Collins Ave 6 Beach Access 17425 Collins Ave 7 North End of Ocean 3 18911 Collins Ave North City of Sunny Isles Beach I Request for Proposal No. 11 -11 -04 `',� op suN P' 8 1 North End of Jade on the Beach 17121 Collins Ave North 9 South End of Jade on the Beach 17121 Collins Ave South 9 Beach Access 16501 Collins Ave 10 North end of Trump Tower 1 16001 Collins Ave North 11 South End of Trump Tower 3 16001 Collins Ave South 12 *Heritage Park 19200 Collins Ave 13 *Golden Shores Park 201 -191 Terrace 14 *Margolis Park 17815 North Bay Road 15 *Pier Park 16501 Collins Ave *These locations must be proposed to have a minimum of beverage and snacks. 3.4 MACHINES The installed machines shall be in new condition. All vending machines must accept coins and equipped with a bill acceptor. Machines that will accept credit and debit cards would be preferred. As part of the proposal, pictures and technical information on the machines shall be provided to the City. 3.5 FOODS Please see Attachment A for a sample list of the types of healthy organic foods the City prefers to be stocked within the vending machines. As part of the proposal the proposer shall include a listing of food and drinks that are as suggested per Attachment A or equal to be sold including selling price to public. (note that the machines must be stocked with ONLY healthy foods and drinks. As described in Attachment A ) 3.6 PROPOSALS The City is looking for a vendor to propose one or a combination of the following; • Monthly percentage of sales • Sponsorship of items such as • Sports Uniforms • Soccer • Basketball • Volleyball • Sporting Equipment • Sports Supplies • Annual lump sum payment • Free product • Product tastings for special events • Discount in volume purchases of products City of Sunny Isles Beach I Request for Proposal No. 11 -11 -04 X11? OF SUN Fr 3.7 CITY LEAGUES The City operates a number of different athletic leagues throughout the year. The following lists the type of leagues and estimated number of participants: • Soccer (160 participants) • Basketball (100 participants) • Volleyball (30 participants) • Soccer Clinic (300 participants) • Flag Football (30 participants) • Travel League Soccer (32 participants) 3.8 REPORTINGS Currently the City does not maintain any sales volume reports for the equipment now in use. The awarded vendor shall provide to the City a monthly report on the sales activity for each machine placed within the City. 3.9 REPAIRS AND MALFUNCTIONS The awarded vendor shall maintain a Toll free number that shall be displayed on every machine so that customers can call to report malfunctions, request repairs and required refunds. As part of the proposer's proposal, an explanation on how refunds will be handled for items that have been paid for, but not dispensed. Request for repairs shall be completed within 24 hours of the original request. If a machine is found to be inoperable it shall be replaced within 24 hours of notification. 3.10 SECURITY It shall be the proposer's sole responsibility to properly secure the vending machines from theft or vandalism. 3.11 ROUTE SCHEDULE The awarded proposer shall provide the City with a route schedule that will detail how often the machines will be serviced including food and drinks rotation and restocking. END OF SECTON City of Sunny Isles Beach I Request for Proposal No. 11 -11 -04 ®.1" '16, or wt4 PV, Section 4 Evaluation Process 4.1 REVIEW OF PROPOSALS FOR RESPONSIVENESS Each proposal will be reviewed to determine if the proposal is responsive to the submission requirements outlined in the solicitation. A responsive proposal is one which follows the requirements of this solicitation that includes all documentation, is submitted in the format outlined in this solicitation, is of timely submission, and has the appropriate signatures as required on each document. Failure to comply with these requirements may result in the proposal being deemed non - responsive. The contract will be awarded to the lowest responsible and responsive proposer whose proposal best serves the interest of and represents the best value to the City in conformity with section 62 -8 of the City code. 4.2 QUALIFICATIONS Proposals shall include the following: Technical Qualifications 1. Proposer's relevant experience, qualifications and past performance. 2. Relevant experience and qualifications of key personnel. 3. Proposers approach methodology to providing the services requested in this solicitation. 4. Proposed solution functionality, implementation, other objectives and requirements as stated Price 5. 1 Proposer's price to the City. 4.2.1 ADDITIONAL INFORMATION In order to be considered, Proposers shall provide sufficient information as part of their proposal submission (submission shall not be limited to the information below). All requested documentation and /or information shall be provided in the Proposal. Proposers failing to provide sufficient documentation detailing their qualifications, experience and extent and implications of proposal shall not be considered. 4.3 NEGOTIATIONS The City may award a contract on the basis of initial offers received without discussions. Therefore, each initial offer should contain the Proposer's best terms from a monetary and technical standpoint. City of Sunny Isles Beach I Request for Proposal No. 11 -11 -04 L?r!' OF SUN Pt,. Notwithstanding the foregoing, if the City and said Proposer(s) cannot reach agreement on a contract, the City reserves the right to terminate negotiations and may, at the City Manager's or his designee's discretion, begin negotiations with the next lowest responsible and responsive proposer. This process may continue until a contract acceptable to the City has been executed or all proposals are rejected. No Proposer shall have any rights against the City arising from such negotiations or termination thereof. Any Proposer recommended for negotiations may be required to provide to the City: a) Its most recent certified business financial statements as of a date not earlier than the end of the Proposer's preceding official tax accounting period, together with a statement in writing, signed by a duly authorized representative, stating that the present financial condition is materially the same as that shown on the balance sheet and income statement submitted, or with an explanation for material change in the financial condition. A copy of the most recent business income tax return will be accepted if certified financial statements are unavailable. b) Information concerning any prior or pending litigation, either civil or criminal, involving a governmental agency or which may affect the performance of services to be rendered herein, in which the Proposer, any of its employees or subcontractors is or has been involved within the last three years. END OF SECTON City of Sunny Isles Beach I Request for Proposal No. 11 -11 -04 Section 5 Proposal Format 5.0 FORMAT 16- OF SUM Pt', Proposers must submit (1) original and four (4) copies of the Proposal. The original Proposal must contain an original signature. Be sure that the individual signing the Proposal is authorized to commit the Proposer's organization to the Proposal as submitted. Each page of the Proposal should state the name of the Proposer, the RFP number, and the page number. The City reserves the right to request additional data or material to support Proposals. All material submitted in response to the RFP will become the property of the City. LABEL EACH SECTION AS NUMBERED The proposal must be in the following format. Failure to submit all documentation in response to items #1 through #8 of this section 5 may result in the proposal being deemed non - responsive and may result in the proposer's bid not being considered, in the City's Sole Discretion. Company Information ■ In response to this Proposal, all Proposers must provide the following: ■ Name of Agency /Company (including any "Doing Business As" names) ■ Company Locations. ■ Internet Web Site Address (if any). ■ Details of Entity Business Structure (Corporation, Partnership, LLC). ■ Date Founded. ■ Home office address, telephone number, and local address and phone number. ■ List of any outstanding litigation that would threaten the viability of the firm or the performance of this contract. ■ Proof of insurance. ■ Indication of how long it would take to implement service after authorized to begin. 2. Qualifications Proposer's relevant experience, qualifications and past performance • An explanation of why the Proposer is the best qualified to perform the contract and demonstrate its qualifications including an item -by -item disclosure outlining how the proposer meets or exceeds the requirements of this RFP. • A schedule of proposed services. The schedule should include the Proposer's understanding of the issues and tasks of the project at hand. 3. STAFFING Relevant experience and qualifications of key personnel, including key personnel of subcontractors, that will be assigned to this project as well as experience and qualifications. The size and experience of the company staff pool from which staff assigned to the contract can be drawn. The composition of the staff team should include: City of Sunny Isles Beach I Request for Proposal No. 11 -11 -04 ■ The names of the employees in the area responsible for this contract ■ Their function in the company. ■ The name of the person who will be responsible for the coordination of work. 4. APPROACH / METHODOLOGY Proposer's approach methodology to providing the services requested in this solicitation ■ Suitability of the methodologies and approaches used in achieving tasks ■ Overall organization to completing the project ■ Ability to meet desired timelines and deadlines 5. PROPOSAL 6. REFERENCES Each Proposer must submit a list of three (3) public or private sector clients' references of current and past customers of which they have provided services within the past five (5) years of similar scope and size of those described herein. ■ Each Reference must be supplied on client's letterhead. ■ Each Reference letter must me signed with contact person and phone number. The City retains the right to request any additional information pertaining to the Proposer's ability, qualifications and procedures used to accomplish all work under the contract as it deems necessary to ensure safe and satisfactory work. OFFICE LOCATIONS A listing of all office locations (including address, phone numbers and point of contact). 8. CONTRACT FORMS All completed contract forms. END OF SECTION City of Sunny Isles Beach I Request for Proposal No. 11 -11 -04 LAY}' OF SUN P"' DELIVER TO., REQUEST FOR PROPOSAL City of Sunny Isles Beach SECTION 6 City Clerk BID SUBMITTAL FORMS OPENING: 10:00 A.M. 18070 Collins Avenue 11/30/2011 Sunny Isles Beach, FL 33160 PLEASE QUOTE PRICES F.O.B. DESTINATION, LESS TAXES, DELIVERED IN CITY OF SUNNY ISLES BEACH, FLORIDA NOTE: City of Sunny Isles Beach is exempt from all taxes (Federal, State, and Local). Bid price should be less all taxes. Tax Exemption Certificate furnished upon request. Issued by: Purchasing Agent Date Issued: This Bid Submittal Consists of 11/14/2011 Pages 20 through 25 Sealed bids are subject to the Terms and Conditions of this Request for Proposal and the accompanying Bid Submittal. Such other contract provisions, specifications, drawings or other data as are attached or incorporated by reference in the Bid Submittal, will be received at the office of the City Clerk at the address shown above until the above stated time and date, and at that time, publicly opened for furnishing the supplies or services described in the accompanying Bid Submittal Requirement. RFP 11 -11 -04 City Wide Healthy Organic Vending Machine Services A Bid Deposit in the amount of 0% of the total amount of the bid shall accompany all bids A Performance Bond in the amount of 0% of the total amount of the bid will be required upon execution of the contract by the successful bidder and City of Sunny Isles Beach Procurement Agent; Marcanthony Tulloch Commodity Code(s): Firm Name. RETURN ONE ORIGINAL AND FOUR COPIES OF BID SUBMITTAL PAGES AND AFFIDA VITS FAILURE TO SIGN PAGE 25 OF SECTION 6 BID SUBMITTAL WILL RENDER YOUR BID NON- RESPONSIVE City of Sunny Isles Beach I Request for Proposal No. 11 -11 -04 "'4' Of SUN Pr Proposal Requirements Checklist Proposer has attached all documents listed in the checklist as provided and any other pertinent information. The documents in this section are to be executed, notarized (if applicable), and submitted as a condition to this Request for Proposals. CHECK LIST FORMS ATTACHED Tab 1 Company Information Yes No Tab 2 Qualifications Yes No Tab 3 Staffing Yes No Tab 4 Approach / Methodology Yes No Tab 5 Proposal (Bid Form) Yes No o Detailed Listing of Proposed Food / Drinks to be vended include Yes No Pricing Tab 6 References Yes No Tab 7 Office Locations Yes No Tab 8 Contract Forms • Non - Collusive Affidavit Yes No • Public Entity Crimes Yes No • Equal Opportunity / Affirmative Action Statement Yes No • Conflict of Interest Statement Yes No • Dispute Disclosure Form Yes No - • Anti - Kickback Affidavit Yes No City of Sunny Isles Beach I Request for Proposal No. 11 -11 -04 . y� rit► OF %Q P lOP " suss 09 City of Sunny Isles Beach I Request for Proposal No. 11 -11 -04 Proposal Bid Sheet Monthly Percentage of Sales And / Or Annual Lump Sum Payment $ And Or Sponsorship of items such as Providesponsorship value for only items being offered. Type of Uniforms Est. Participants Sponsorship Per Uniform Max Value Extended Total Sponsorship Max Value 1 Soccer Uniforms 160 $ $ 2 Basketball Uniforms 100 $ $ 3 Volley Ball Uniforms 30 $ $ 4 Soccer Uniforms 300 $ $ 5 Flag Football Uniforms 30 $ $ 6 Soccer Uniforms Travel League 32 $ $ Other Sponsorships (List any other items you are proposing to sponsor) Extended Total S onsorshi Max Value Sports Equipment $ Sports Supplies $ Free Product (Provide a listing of the proposed free product) $ Product Tastings for Special Events $ $ Discount in volume Purchases of Products Provide a listing of items that can be purchased) % City of Sunny Isles Beach I Request for Proposal No. 11 -11 -04 i ?,� OF SUN t"', SECTION 6 BID SUBMITTAL FOR: ACKNOWLEDGEMENT OF ADDENDA INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES PART I: LIST BELOW ARE THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED IN CONNECTION WITH THIS BID PART II: Addendum #1, Dated Addendum #2, Dated Addendum #3, Dated Addendum #4, Dated Addendum #5, Dated Addendum #6, Dated Addendum #7, Dated Addendum #8, Dated ❑ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID FIRM NAME: AUTHORIZED SIGNATURE: TITLE OF OFFICER: DATE: City of Sunny Isles Beach I Request for Proposal No. 11 -11 -04 �"'4' OF 5uN Pr- BID SUBMITTAL FORM Bid Title: City Wide Healthy Organic Vending Machine Services The undersigned Proposer proposes and agrees, if this Bid is accepted, to enter into an agreement with The City of Sunny Isles Beach in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. The Proposer accepts all of the terms and conditions of the Advertisement or Request for Proposal and Instructions to Proposer, including without limitation those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for 90 days after the day of Bid opening. The Proposer agrees to sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within ten days after the date of the City's Notice of Award. In submitting this Bid, the Proposer represents, as more fully set forth in the Agreement, that: ■ The Proposer has familiarized himself /herself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Law and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. The Proposer has given the City written notice of all conflicts, errors, discrepancies that it has discovered in the Contract Documents and the written resolution thereof by City is acceptable to the Proposer. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is submitted in conformity with any agreement or rules of any group, association, organization, or corporation; the Proposer has not directly or indirectly induced or solicited any other Proposer to submit a false or sham Bid; the Proposer has not solicited or induced any person, firm or corporation to refrain from Bidding; and Proposer has not sought by collusion to obtain for itself any advantage over any other Proposer or over the City. City of Sunny Isles Beach I Request for Proposal No. 11 -11 -04 " "T OF wo �,r. Firm Name: Street Address: Mailing Address (if different): Telephone No. Fax No. Email Address: FEIN No. * "By signing this document the bidder agrees to all Terms Signature: (Signature of authorized agent) Print Name: Title: THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL NON - RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE PROPOSER TO THE TERMS OF ITS OFFER. City of Sunny Isles Beach I Request for Proposal No. 11 -11 -04 O� U /0NY S\)� _ Is4 \Fs v n z y 9) F c * F LOS O ,r), OF SUN P� �J� City of Sunny Isles Beach I Request for Proposal No. 11 -11 -04 C��� Of SUN �%A0 O�SJ t4NY ISC��9 OS a F ti Y n ry OF SUN TN STATE OF FLORIDA COUNTY OF ) NON - COLLUSION AFFIDAVIT City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 The undersigned being first duly sworn as provided by law, deposes, and says: This Affidavit is made with the knowledge and intent that it is to be filed with the City of Sunny Isles Beach City Commission and that it will be relied upon by said County, in any consideration which may give to and any action it may take with respect to this Bid. The undersigned is authorized to make this Affidavit on behalf of, of which he is (Name of Corporation, Partnership, Individual, etc.) a, , formed under the laws of (Type of Business) (State) (Sole Owner, Partner, President, etc.) Neither the undersigned nor any person, firm, or corporation named in above Paragraph 10.2, nor anyone else to the knowledge of the undersigned, have themselves solicited or employed anyone else to solicit favorable action for this Bid by the City, also that no head of any department or employee therein, or any officer of the City of Sunny Isles Beach, Florida is directly interested therein. This Bid is genuine and not collusive or a sham; the person, firm or corporation named above in Paragraph 10.2 has not colluded, conspired, connived or agreed directly or indirectly with any proposers or person, firm or corporation, to put in a sham Bid, or that such person, firm or corporation, shall refrain from Bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference with any person, firm or corporation, to fix the prices of said Bid or Bids of any other proposers; and all statements contained in the Bid or Bids described above true; and further; neither the undersigned, nor the person, firm or corporation named above in Paragraph 10.2, has directly or indirectly submitted said Bid or the contents thereof, or divulged information or data relative thereto, to any association or to any member or agent thereof. AFFIANT'S NAME AFFIANT'S TITLE TAKEN, SWORN AND SUBSCRIBED TO BEFORE ME this day of 200_. Personally Known or Produced Identification , Type of identification (Affix seal here) NOTARY PUBLIC (name printed or typed) DECEMBER 28, 2010 1 of 7 Cw�SJNNY ISC �d a F Y n P+ yF CD9�r FlC,�`O�y� ty OF SUN Pa PUBLIC ENTITY CRIMES City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a) FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES PUBLIC ENTITY CRIMES Pursuant to the provisions of paragraph (2) (a) of Section 287.133, Florida State Statutes - "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a public entity for the construction or repair of a public building or public Work, may not submit Bids on leases of real property to a public entity, may not be awarded to perform Work as a Contractor, supplier, Sub - Contractor, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Sec. 287.017, FS for thirty six months from the date of being placed on the convicted vendor list ". THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 11.1. This sworn statement is submitted to City of Sunny Isles Beach Ml ipnnt inaiwauars name ana uuel for [print name ot entity su0mitting sworn statement] whose business address is: and (if applicable) its Federal Employer Identification number (FEIN) is (If the entity had no FEIN, include the Social Security Number of the individual signing this sworn statement: ) 11.2. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any Bid or Contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 11.3. 1 understand that "convicted" or "conviction" as defined in Para. 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trail court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non -jury trial, or entry of a plea of guilty or nolo contendere. 11.4. 1 understand that an "affiliate" as defined in Para. 287.133(1)(a), Florida Statutes, means: a.) predecessor or successor of a person convicted of a public entity crime; or b.) Any entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executors, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair DECEMBER 28, 2010 2 of 7 market value under an arm's length agreement, shall be a prime facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 11.6. 1 understand that a "person" as defined in Para. 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Contract and which Bids or applies to Bid on Contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "persons" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of any entity. 11.6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies.) Neither the entity submitting this sworn statement, nor any of it's officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 11.1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY, CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. By: (Signature) (Printed Name) (Title) Sworn to and subscribed before me this day of , 20 , by (AFFIX NOTARY STAMP HERE) Signature: Notary Public — State of Florida Print or Type Commissioned Name Personally Known OR Produced Identification Type of Identification Produced 10/1998 3 of 7 O� SJ1.1NY IS�FS� n CONFLICT OF INTEREST City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 c r of suN "'o Telephone: (305) 947 -0606 Fax: (305) 949 -3113 CONFLICT OF INTEREST STATEMENT The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. Proposers must disclose with their Bids, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of Sunny Isles Beach or its agencies. STATE OF FLORIDA COUNTY OF BEFORE ME, the undersigned authority, personally appeared deposes, and states: 18.1. 1 am the with a local office in who was duly sworn, of and principal office in 18.2. The above named entity is submitting a Bid for the City of Sunny Isles Beach, Bid No. described as: Landscape Maintenance Services. The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his own knowledge. 18.3 The Affiant states that only one submittal for the above Bid is being submitted and that the above named entity has no financial interest in other entities submitting Bids for the same project. 18.4 Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraints of free competitive pricing in connection with the entity's submittal for the above Bid. This statement restricts the discussion of pricing data until the completion of negotiations if necessary and execution of the Contract for this project. 18.5 Neither the entity nor its affiliates, nor any one associated with them, is presently suspended or otherwise ineligible from participation in contract letting by any local, State, or Federal Agency. 18.6 Neither the entity, nor its affiliates, nor any one associated with them have any potential conflict of interest due to any other clients, contracts, or property interests for this project. 18.71 certify that no member of the entity's ownership or management is presently applying for any employee position or actively seeking an elected position with the City of Sunny Isles Beach. 18.81 certify that no member of the entity's ownership or management, or staff has a vested interest in any aspect of the City of Sunny Isles Beach. 18.9 In the event that a conflict of interest is identified in the provision of services, I, on behalf of the above named entity, will immediately notify the City of Sunny Isles Beach. Dated this day of , 2010. AFFIANT Print or Type Name and Title Sworn to and subscribed before me this day of , 2010. O Personally Known OR O Produced Identification Type of Identification NOTARY PUBLIC STATE OF FLORIDA DECEMBER 28, 2010 5 of 7 SupNY jS�FJ' DISPUTE DISCLOSURE . City of Sunny Isles Beach 18070 Collins Avenue sF 99� • F�oR o e r Sunny Isles Beach, FL 33160 c T of suN " Telephone: (305) 947 -0606 Fax: (305) 949 -3113 DISPUTE DISCLOSURE FORM Answer the following questions by placing a "X" after "Yes" or "No ". If you answer "Yes ", please explain in the space provided, or on a separate sheet attached to this form. 19.1. Has your firm or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulations or any other regulatory agency or professional associations within the last five (5) years? YES NO 19.2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a contract or job related to the services your firm provides in the regular course of business within the last five (5) years? YES NO 19.3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, Bid protests, or litigation in the past five (5) years that is related to the services your firm provides in the regular course of business? YES NO If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the monetary amounts of extended contract time involved. I hereby certify that all statements made are true and agree and understand that any misstatement or misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of this Bid for the City of Sunny Isles Beach. Firm Date Authorized Signature Print or Type Name and Title DECEMBER 28, 2010 6 of 7 `+Vt.1NY IS (F " P C�rY aF SUN tN0 STATE OF FLORIDA ) COUNTY OF ) ANTI - KICKBACK City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947 -0606 Fax: (305) 949 -3113 ANTI - KICKBACK AFFIDAVIT I. the undersigned, hereby duly sworn and deposed say that no portion of this sum herein Bid will be paid to any employees of the City of Sunny Isles Beach or its elected officials as a commission, kickback, reward or gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. 0 Title: The foregoing instrument was acknowledged before me this day of , 20 , by [name of person], as executed]. AFFIX NOTARY STAMP HERE: [type of authority], for [name of party on behalf of whom instrument was Notary Public — State of Florida Print or Type Commissioned Name Personally Known OR Produced Identification Type of Identification Produced DECEMBER 28, 2010 7 Of 7 Map:CH020 Fresh Fruit Juices Tqrr vats. Uncle Mmfs ORANC;E JUICE O.N.E. Coconut Water MANGO O.N.E. Coconut Water PINEAPPLE O.N.P. Coconut Water PASSIONFRUIT O.N.E. Coconut Water PINK GUAVA Santa Q. Organic Juice GRAPE Sant. Ch. Organic Juice LEMON Santa Cruz Organic Juice ORANGE i r 1 -V Santa Cruz Organic Juice TROPICAL Angle & Etc Organic APPLE JUICE Annle & Etx Organic FRUIT PUNCH Aoole & E- Organic GRAPE NICE back to Noture Juices APPLE Back to Not= Juices FRUIT PUNCH Back to Nature Juices BERRY Hanaen's Natural Juice Slam STRAWBERRY Ha—na Natural Juice Slmn TOTALLY Hansen's Natural Juice BURSTIN BERRY BANANA TROPICAL R.W. Knudsen Family Juice Boxes GRAPE Vft 1�Fr1 Vs-�IL.�y.M.f A, 100 %juice ta—, R- W. 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Knudsen Family Organic V —toble Dlend VERY VEGGIE Amy & Brian Coconut Juice WITH LW- Amv & Brian Coconut Juice WITH PULP Amv & Brian Coconut Juice W rrH NO PULP VITA COCO 100% PURE COCONUT WATER VffA COCO Cownul Water ALAI& VITA COCO Coconut Wuter PASSIONFRUIT POMEGRANATE i,. tyy� �1 F aP 1" �nllf rTld " I, VITA COCO Coconut Water PEACH & MANGO VITA COCO C—ut Water PINEAPPLE Zola Acai LIGHT Zola Acai BERRY POWER Zola Acai BLUEBERRY Zola Acai MEAPPLE The Switch Sm,kI na Juice BLACK CHERRY The Switch S —klinc Juice FRUIT PUNCH The Switch SwIding Juice GRAPE The Switch Smrl lino Ju "w ORANGE ANGERME The Switch SmrWina Juiw WATERMELON STRAWBERRY Healthy All Natural Organic Snacks orr r not (OU/.l ti OJ Thai Kitchen Noodle Carl PAD THAI a 4 Back to Nature Mini CHOCOLATE CRUNK ;�RtklmRlj Thai Kichen Noodle Cart ROASTED GARLIC Back To Nature Mini HONEY GRAHAM STICKS Late July Sandwich Cookies DARK CHOCOLATE o� Q L.I. 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