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HomeMy WebLinkAboutRFP 17-03-01 Citywide Healthy Vending Services City of Sunny Isles Beach |Request for Proposal No. 17-03-01 1 Request for Proposal Goods & Services Citywide Healthy Vending Machine Services Request for Proposal No. 17-03-01 Advertisement Date: Tuesday, March 21, 2017 All Questions Due: Tuesday, March 28, 2017 by 5:00 PM Submission due date: Friday, April 7, 2017 at 2:30 PM Submit to: Attn: City Clerk Sunny Isles Beach Government Center 18070 Collins Avenue Sunny Isles Beach, Florida 33160 City of Sunny Isles Beach |Request for Proposal No. 17-03-01 2 TABLE OF CONTENTS Table of Contents Page 2 Legal Advertisement/Notice to Bidder Page 3 Instructions to Bidder / General Terms Section 1 Page 4 Special Terms & Conditions Section 2 Page 9 Scope of Work / Technical Specifications Section 3 Page 13 Evaluation Process Section 4 Page 18 Proposal Format Section 5 Page 20 Bid Submittal Form Section 6 Page 22 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 Cost Proposal Attachment – B References Attachment – C Questionnaire City of Sunny Isles Beach |Request for Proposal No. 17-03-01 3 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. Citywide Healthy Vending Machine Services Request for Proposal No. 17-03-01 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 Bi ds will be received by the City Clerk no later than 2:30 PM, on Friday, April 7, 2017 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. 17-03-01 Citywide Healthy Vending Machine Services OPENING DATE AND TIME: Friday, April 7, 2017 at 2:30 PM 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. 17-03-01 shall be directed in writing to Jane A. Hines, MMC, City Clerk, at least five (5) business days prior to the date of the Bid opening. Questions may be submitted via email to: JHines@sibfl.net or via facsimile (305) 792-1563 or via regular mail at: Jane A. Hines, MMC, City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL 33160. Jane Hines, MMC, City Clerk City of Sunny Isles Beach City of Sunny Isles Beach |Request for Proposal No. 17-03-01 4 SECTION 1 INSTRUCTIONS TO RESPONDENTS / GENERAL TERMS AND CONDITIONS THESE INSTRUCTIONS ARE STANDARD FOR ALL REQUEST FOR QUALIFICATIONS 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 QUALIFERS. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THE GENERAL CONDITIONS SHALL HAVE PRECEDENCE. FIRM AGREES THAT THE PROVISIONS INCLUDED WITHIN THIS RFQ SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY STANDARD FORM CONTRACT OF THE QUALIFER REGARDLESS OF ANY LANGUAGE IN QUALIFER’S CONTRACT TO THE CONTRARY. 1.1 CLARIFICATION/EXPLANATION/QUESTIONS: Any questions concerning this Request for Qualifications or any required need for clarification must be made to Jane A. Hines, MMC, City Clerk via email to: JHines@sibfl.net or via facsimile (305) 792- 1563 or via regular mail at: Jane A. Hines, MMC, 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, MMC, 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 Request for Qualification 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 Respondent from submitting their submission 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 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 firms (those who have been registered as receiving qualifications) receive the documents. It is the responsibility of the firm prior to the submission of any Submittal 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’s must be acknowledged on the ACKNOWLEDGEMENT OF ADDENDA sheet. 1.4 SPECIAL ACCOMMODATIONS: Any person requiring a special accommodation at a 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-Qualifications Conference or RFQ opening. If you are hearing or speech impaired, please contact the Office of the City Clerk by calling the City of Sunny Isles Beach using the Florida Relay Service which can be reached at 1(800) 955-8771 (TDD). 1.5 PUBLIC ENTITY CRIMES STATEMENT: Pursuant to the provisions of paragraph (2) (a) of section 287.133, Florida statutes -"a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a submittal on a contract to provide any goods or services to a public entity, may not submit a submittal on a contract with a public entity for the construction or repair of a public Facility or public work, may not submit submittals 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 RESPONDENT DEADLINE: Package must be submitted no later than the time and date shown within this document. 1.7 SEALED BID: Intentionally Omitted 1.8 QUALIFICATION EXECUTION, SIGNATURES, ERASURE/CORRECTION: All submissions shall be signed in blue ink. All corrections made by the firms prior to the opening must be initialed and dated by the firms. No changes or corrections will be allowed after RFQ’s are opened. Submissions must contain an original, manual signature of an authorized representative of the company. 1.9 WITHDRAWAL OF SUBMISSIONS: Qualified Firms may withdraw submissions only by written request and shall forward the withdrawal request via “Certified U.S. Mail – Return Receipt Requested” prior to opening time. Negligence on the part of the Firm in preparing the document confers no right for the withdrawal of the submission after it has been opened. 1.10 SUBMISSION OPENING: Submissions will be opened publicly at the time and place stated in the Notice to Qualifier. It is the responsibility of the Firm, to insure that the submission reaches the Office of the City Clerk on or before the closing hour and date stated on the Request for Qualifications. After the submission opening, the names of the submitting Firms will be made public for the information of firms and other interested parties who may be present either in person or by representative. Submissions that are received after the opening time will not be considered and will not be returned. 1.11 EVALUATION OF SUBMISSIONS: The City, at its sole discretion, reserves the right to inspect any/all Firms facilities to determine their capability of meeting the requirements for the Contract. Also, responsibility, and responsiveness of the Firm, 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 Firm’s shall hold the City, it's officials and employees harmless and covenant not to sue the City, it's officials and employees in reference to their decisions to reject, award, or not award a submission, as applicable. 1.11.2 Cancellation: Failure on the part of the Firm to comply with the conditions, specifications, requirements, and terms as determined by the City, shall be just cause for cancellation of the Award. 1.11.3 Disputes: If any dispute concerning a question of fact arises under the Contract, other than termination for City of Sunny Isles Beach |Request for Qualifications No. 16-12-01 5 default or convenience, the Contractor and the City department responsible for the administration of the Contract shall make a good faith effort to resolve the dispute. If the dispute cannot be resolved by agreement, then the department with the advice of the City Attorney shall resolve the dispute and send a written copy of its decision to the Contractor, which shall be binding on both parties. 1.12 PERFORMANCE BOND: Intentionally Omitted 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. The City holds a firm stance on our standard NET 30 payment terms and the responding firm shall understand and accepts this. All invoices must bear the purchase order number. 1.14 BRAND NAMES: Intentionally Omitted 1.15 MATERIAL: Intentionally Omitted 1.16 SAMPLES: Intentionally Omitted 1.17 QUANTITY GUARANTY: Intentionally Omitted 1.18 GOVERNMENTAL RESTRICTIONS ON MATERIALS: Intentionally Omitted 1.19 SAFETY STANDARDS: Intentionally Omitted 1.20 WARRANTIES: Intentionally Omitted. 1.21 COPYRIGHTS/PATENT RIGHTS: Intentionally Omitted 1.22 LOCAL BUSINESS TAX (OCCUPATIONAL LICENSE REGISTRATION): The firm shall be responsible for obtaining and maintaining throughout the contract period his or her city and county local business tax receipts. Each Firm submitting a submittal on this Request for Qualifications shall include a copy of the company’s local business tax/occupational license(s) with the qualifiers 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. A business formed by an attorney actively licensed to practice law in this state, by a person actively licensed by the Department of Business and Professional Regulations or the Department of Health for the purpose of practicing his or her licensed profession, or by any corporation, partnership, or other commercial entity that is actively organized or registered with the Department of State shall submit a copy of the current licensing from the appropriate agency and/or proof of current active status with the Division of Corporations of the State of Florida. 1.23 LIABILITY, INSURANCE, PERMITS AND LICENSES: Firms shall assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, inspections, and insurance required. The Firm shall be liable for any damages or loss to the City occasioned by negligence of the Firm (or their agent) or any person the Firm has designated in the completion of their contract as a result of the submission. Firm 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. Firm shall include current Miami-Dade County Certificates of Competency. These documents shall be furnished to the City along with the Firms response. Failure to furnish these documents or to have required licensor will be grounds for rejecting the submission. 1.24 CERTIFICATE (S) OF INSURANCE: Firm shall furnish to the Office of the City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160, certificate(s) of insurance which indicate that insurance coverage has been obtained from an insurance company authorized to do business in the State of Florida or otherwise secured in a manner satisfactory to the City, for those coverage types and amounts listed in this document, in an amount equal to 100% of the requirements and shall be presented to the City prior to issuance of any Contract(s) or Award(s) Document(s). The City of Sunny Isles Beach shall be named as "additional insured" with respect to this coverage. The required certificates of insurance shall not only name the types of policies provided, but shall also refer specifically to this and section. At the time of Firms submission the Firm must submit certificates of insurance as outlined in the General Conditions section. All required insurances shall name the City of Sunny Isles Beach as additional insured and such insurance shall be issued by companies authorized to issue insurance in the State of Florida. It shall be the responsibility of the Firm and insurer to notify the City Manager of the City of Sunny Isles Beach of cancellation, lapse, or material modification of any insurance policies insuring the Firms, which relate to the activities of such vendor and the City of Sunny Isles Beach. Such notification shall be in writing, and shall be submitted to the City finance support service director thirty (30) days prior to cancellation of such policies. This requirement shall be reflected on the certificate of insurance. Failure to fully and satisfactorily comply with the city's insurance and bonding requirements set forth herein will authorize the City Manager to implement a rescission of the Bid award without further City Commission action. The Firm hereby holds the City harmless and agrees to indemnify City and covenants not to sue the City by virtue of such rescission. 1.25 ASSIGNMENT: The Firm shall not transfer or assign the performance required by this RFQ without the prior written consent of the City Manager. Any award issued pursuant to the Request for Qualifications and monies, which may be due hereunder, are not assignable except with prior written approval of the City Manager. Further, in the event that the majority ownership or control of the Firm changes hands subsequent to the award of this contract, Firm shall promptly notify City in writing (via United States Postal Service – Certified Mail, Return Receipt Requested) of such change in ownership or control at least thirty (30) days prior to such change and City shall have the right to terminate the contract upon sixty (60) days written notice, at City’s sole discretion. 1.26 HOLD HARMLESS/INDEMNIFICATION: The Firm shall indemnify, hold harmless, and defend the City of Sunny Isles Beach, it's officers, agents and employees from and against any claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct, or misconduct of the Contractor, their agents, servants or employees in the provision of goods or the performance of services pursuant to this RFQ and / or from any procurement decision of the City including without limitation, awarding the Contract to the Firm. 1.27 NON-CONFORMANCE TO CONTRACT: City of Sunny Isles Beach |Request for Qualifications No. 16-12-01 6 Intentionally Omitted 1.28 DEFAULT PROVISION: In case of default by the Firm, the City of Sunny Isles Beach may procure the articles or services from other sources and hold the Firms responsible for any excess costs occasioned or incurred thereby. 1.29 SECONDARY/OTHER FIRMS: Intentionally Omitted. 1.30 DEFINITIONS: Wherever used in these General Conditions or in the other Contract Documents, the following terms shall have the meaning indicated which shall be applicable to both the singular and plural thereof: Acceptance: Acceptance by the City of the Work as being fully complete in accordance with the Contract Documents subject to waiver of claims. Agreement: The written Agreement between the City and the Contractor covering the Work to be performed, which includes the Contract Documents. Addenda: Written or graphic instruments issued prior to the Bid Opening, which modify or interpret the Contract Documents, Drawings and Specifications, by addition, deletions, clarifications or corrections. Approved: Means approved by the City. Firm: Any person or corporation submitting a package for RFQ Work. Bonds: Bid, performance bond and other instruments of security, furnished by the Contractor and their surety in accordance with the Contract Documents and in accordance with the law of the State of Florida. Change Order: A written order to the Contractor signed by the City authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Agreement. City: City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160. Contract Documents: Contract Documents shall include, Instructions to Firms, Contractor's Bid, the Bonds, the Notice of Award, the Agreement between the City and Contractor as well as any addenda thereto, these General Conditions, Special Conditions, the Technical Specifications, Drawings and Modifications, Notice to Proceed, Request for Qualifications, Insurance Certificates, Change Orders and Acknowledgment of Conformance with the City of Sunny Isles Beach. Contract Price: The total monies payable to the Contractor under the Contract Documents. Contract Time: The number of calendar days stated in the Agreement for the completion of the Work. Contracting Officer: The individual who is authorized to sign the contract documents on behalf of the City’s governing body. Contractor: The person, firm or corporation with whom the City has executed this Agreement. Day: A calendar day of twenty-four hours measured from midnight to the next midnight. Field Order: A written order issued by the City which clarifies or interprets the Contract Documents or orders minor changes in the Work. Modification: Modification means any one of the following: (a) a written amendment of the Contract Documents signed by both parties, (b) a Change Order, (c) a written clarification or interpretation if issued by the City, or (d) a written order for minor change or alteration in the Work issued by the City. A modification may only be issued after execution of the Agreement. Notice of Award: The written notice by City to the apparent successful Firms stating that upon compliance with the conditions precedent to be fulfilled by him within the time specified, City will execute and deliver the Agreement to him. Samples: Physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. Specifications: Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work. Statement of Services: The form furnished by the City which is to be used by the Contractor in requesting progress payments. Supplier: Any person or organization that supplies materials or equipment for the Work, including that fabricated to a special design, but who does not perform labor at the site. Work: Any and all obligations, duties and responsibilities necessary to the successful completion of the Project assigned to or undertaken by Contractor under the Contract Documents, including all labor, materials, equipment and other incidentals, and the furnishing thereof. Written Notice: The term “Notice” as used herein shall mean and include all written notices, demands, instructions, claims, approvals and disapprovals required to obtain compliance with Contract requirements. Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for City of Sunny Isles Beach |Request for Qualifications No. 16-12-01 7 whom it is intended, or to an authorized representative or such individual, firm, or corporation, or if delivered at or sent by registered mail to the last business address known to them who gives the notice. Unless otherwise stated in writing, any notice to or demand upon the City under this Contract shall be delivered to the City. 1.31 REQUEST FOR QUALIFICATION AWARD: The City reserves the right to reject any and all submissions at its sole discretion. The City shall award contract after the City performs all necessary searches, inquiries, exploration, and analysis of the submissions. The award of the contract shall be done in accordance with the Consultants’ Competitive Negotiation Act (“CCNA”), Section 287.055, Florida Statutes. No Notice of Award will be given until the City has concluded any investigation(s) as they deem necessary to establish the Firm’s capability to perform the Services as described in this RFQ as substantiated by the required professional experience, client references, technical knowledge and qualifications; and sufficient labor and equipment to comply with the City’s established standards, as well as the financial capability of the Firms to perform the Work in accordance with the Contract Documents to the satisfaction of the City within the time prescribed. The City reserves the right to reject the submissions of any Firms on the basis of these queries and investigations and to reject those who do not meet the City’s satisfaction. When analyzing submissions, the City will take into consideration client references, past work experience and work product, proven ability to satisfactorily perform. If the Contract is awarded, the City will issue the Notice of Award and give the successful Firm a Contract for execution within ninety (90) days after opening of submissions. 1.32 EXECUTION OF AGREEMENT: At least four counterparts of the Agreement, the Certificates of Insurance and such other Documents as required by the Contract Documents shall be executed and delivered by the Firm to the City within ten (10) calendar days of receipt of the Notice of Award. 1.33 LAWS AND REGULATIONS: The Firm will give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work. If the Firm observes that the Specifications are at variance therewith, they will give the City prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate modification. If the Firm performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the City, they will bear all costs arising wherefrom. 1.34 TAXES: The City of Sunny Isles Beach is exempt from sales tax imposed by the State and/or Federal Government. Florida Sales Tax Exemption No. 23-00-477131-54C appears on each purchase order. Exemption certificates are available upon request. 1.35 DUTY TO DEFEND, INDEMNIFY AND SAVE HARMLESS: In consideration of the separate sum of twenty-five dollars ($25.00) and other valuable consideration, the Firm 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 Firm, agents, servants or employees. The Firm 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 Firm or 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 Firm 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, Firm, upon written notice from City shall defend such action or proceeding by counsel satisfactory to City. The indemnification provided above shall obligate Firm 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 Firm 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 Firm 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 Firm 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 fail to supply sufficient skilled workmen or equipment, or if they disregard laws, ordinances, rules, regulations or orders of any public body 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 Firm ten (10) days written notice and terminate the services of the Firm if they fail to cure the noted violations within this day cure period. In such case the Firm shall only be paid for Work satisfactorily performed up to the effective date of termination. 1.37.1 Where the Firm’s services have been so terminated by the City said termination should not affect any rights of the City against the Firm then existing or which may thereafter accrue. Any retention or payment of moneys by the City due the Firm will not release the Firm from liability. 1.37.2 Upon ten (10) days written notice to the Firm, the City may, without cause and without prejudice to any other right or remedy, elect to terminate the Agreement without cause. In such case, the Firm shall be paid for all Work satisfactorily performed and accepted by the City of Sunny Isles Beach |Request for Qualifications No. 16-12-01 8 City as of the effective date of the termination. No payment shall be made for lost profit or any other consequential damages for Work that has not been performed regardless of whether Firm is terminated with or without cause. 1.38 MISCELLANEOUS: Firm 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 Firm 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 Firm 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 Firm 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 injury or damage. 1.39 WAIVER OF JURY TRIAL: City and Firm knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim based upon the Contract Documents or the performance of the Work there under. 1.40 GOVERNING LAW: The Contract shall be construed in accordance with and governed by the law of the State of Florida. 1.41 VENUE: Venue of any action to enforce the Contract Documents shall be in Miami-Dade County, Florida. 1.42 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 Firm which relate in any way to the Work, and to any claim for additional compensation made by Firm, and to conduct an audit of the financial and accounting records of Firm which relate to the Work. Firm shall retain and make available to City all such books and records and accounts, financial or otherwise, which relate to the Work and to any claim for a period of three years following final completion of the Work. During the Work and the three-year period following final completion of the Work, Firm shall provide City access to its books and records upon five days written notice. 1.43 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. 1.44 INDEPENDENT FIRM: The Firm is an independent contractor under the Contract. Services provided by the Firm shall be by employees of the Firm and subject to supervision by the Firm, 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 Firm. End of Section City of Sunny Isles Beach |Request for Proposal No. 17-03-01 9 Section 2 Special Terms and Conditions 2.1 PURPOSE OF PROPOSAL: The City of Sunny Isles Beach, Florida, (the “City”) a municipality located in Miami -Dade County, Florida, is requesting licensed company(s) to install and maintain vending machines, and products such as, healthy snacks and beverages at various locations on City Property. The contractor will be in full accordance with the specifications, terms, and conditions contained in this Request for Proposal (RFP). This contract is a revenue sharing contract. Please reference herein attached Scope of Work for detailed specifications. 2.2 PRE-PROPOSAL CONFERENCE Intentionally Omitted 2.3 TERM This contract will commence upon execution by both parties which shall be the effective date succeeding approval of the contract by the City Commission, or designee, unless otherwise stipulated in the Notice of Award letter. The contract shall be contingent upon the completion and submittal of all required documents. This contract shall remain in effect until the completion of services, provided that the services rendered by Firm during the contract period are satisfactory. 2.4 OPTIONS TO RENEW The initial contract term shall be for one (1) year. The City, at its sole option, may renew the contract for four (4) one-year renewal terms. Exercising the option to renew is at the sole discretion of the City. 2.5 PRICE If the Proposer is awarded a contract under this solicitation, the prices proposed shall remain fixed and firm during the initial term of contract. However, the Proposer may offer incentives and discounts from this fixed price to the City at any time during the contractual term. In addition, the City reserves the right to re-negotiate the percentage fees for the renewals of the contract. Thereafter, any extensions which may be approved by the City shall be subject to the following: Costs for any extension terms shall be subject to an adjustment only if increases or decreases occur in the industry. Such adjustment shall be based on the latest yearly percentage increase in the All Urban Consumers Price Index (CPI-U) as published by the Bureau of Labor Statistics, U.S. Dep't. of Labor, and shall not exceed five percent (5%). Any requested adjustment shall be fully documented and submitted to the City at least ninety (90) days prior to the contract anniversary date. Any approved cost adjustments shall become effective on the beginning date of the approved contract extension. City of Sunny Isles Beach |Request for Proposal No. 17-03-01 10 The City may, after examination, refuse to accept the adjusted costs if they are not properly documented, or considered to be excessive, or if decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City, the Contract will be considered cancelled on the scheduled expiration date. No additional costs may be accepted, other than the costs stated on the attachment A, Cost Proposal. 2.6 TAXES/LICENSES Retail taxes and rental taxes and licensing are the responsibility of the Contractor and shall be handled in accordance with Florida State Statutes. The successful contractor shall be responsible for, at its own expense, obtaining all necessary permits and pay all licenses, fees and taxes, required to comply with all local laws and ordinances; county, state and federal laws, rules and regulations which are applicable to the business to be carried on under this contract. Successful proposer shall be responsible for all sales tax, licenses, fees, etc., and shall not deduct such from the percentage fee owed to the City. 2.7 PERFORMANCE AND PAYMENT BOND Intentionally Omitted. 2.8 DELIVERY Intentionally Omitted. 2.9 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 Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Ser vices Office, and must include: o Premises and Operation o Independent Contractors o Products and/or Completed Operations Hazard o Broad Form Property Damage o Broad Form Contractual Coverage applicable to this specific contract, including any hold harmless and/or indemnification agreement. o Personal Injury Coverage with employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. City of Sunny Isles Beach |Request for Proposal No. 17-03-01 11 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: o Owned Vehicles; o Hired and Non-Owned Vehicles; o Employers’ Non-Ownership. 2.9.1 Worker’s Compensation Insurance Worker's Compensation Insurance for statutory obligations imposed by Worker's Compensation or Occupational Disease Laws, including, where applicable, the United States Longshoremen's and Harbor Worker's Act, the Federal Employers’ Liability Act and the Homes Act. Employer's Liability Insurance shall be provided with a minimum of One Million Dollars ($1,000,000.00) per accident. Contractor agrees to be responsible for the employment, conduct and control of its employees and for any injury sustained by such employees in the course of their employment. 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-contractor(s) to carry insurance as required, and that they will require the sub-contractor(s) to furnish to them insurance certificates similar to those required by the City in this section. 2.9.2 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. NOTE: THE CITY OF SUNNY ISLES BEACH, CONTRACT NUMBER AND TITLE MUST APPEAR ON EACH CERTIFICATE OF INSURANCE. THE CITY OF SUNNY ISLES BEACH MUST BE SHOWN AS AN ADDITIONAL INSURED WITH RESPECT TO THIS COVERAGE. City of Sunny Isles Beach |Request for Proposal No. 17-03-01 12 2.10 MONTHLY INVOICES PAYMENTS Reference Section 3.9. 2.11 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. 2.12 BACKGROUND CHECKS The successful Firm will be responsible for hiring the necessary personnel to conduct the specified services 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. All staff assigned to this contract shall be required, at their sole cost and expense, to pass a criminal background check prior to award of the contract. The criminal background check shall consist of a Florida Department of Law Enforcement (“FDLE”) Florida Crime Information Center/National Crime Information Center (“FCIC/NCIC”) criminal records check. Any employee not meeting this requirement will not be permitted to work at any City facility. END OF SECTION City of Sunny Isles Beach |Request for Proposal No. 17-03-01 13 Section 3 Scope of Services / Technical Specifications 3.1 SCOPE OF SERVICES The City is seeking a Contractor to provide, install, maintain and service a healthy vending machine operation for City employees and the general public, to replace the current fleet of vending machines. Concession locations and current configurations are listed b elow. Contractor will propose replacement configurations for machines currently in place to provide a variety of healthy snacks and beverages, including healthy fresh fruit juices, all natural organic snacks, healthy fruit bars, healthy fruit snacks, baked and naturally popped chips, water, and optional healthy smoothies. In addition to, snacks such as chips, crackers, pastry, Chex mix, granola bars, mints, peanuts, pretzels, designated machines may include dispensed products such as, bottled and canned sod as, water, juices, teas (diet and regular snapple), sports drinks such as Gatorade, energy drinks. Contractor shall not sell or distribute any gum, glass bottles or containers. Healthy foods for this contract are defined as products which contain only “all natural ingredients” which means no trans fats, artificial flavors, preservatives, artificial sweeteners, synthetic ingredients or high fructose corn syrup (HFCS). The contractor shall ensure that a minimum of 40% of all the snacks and beverages per machine must contain “all natural ingredients”. The City reserves the right to request changes in products offered. The Contractor shall endeavor to accommodate the City’s requests or provide justification for rejection. All product change requests will be subject to prior agreement and approval by the City. The Contractor may request changes in vending equipment or products if sales do not warrant continuation. Such requests should be submitted in writing to the City for review and consideration. If the request is approved, a mutual date will be agreed for the change to take effect. The Contractor shall submit as a part of this proposal, the quantity and variety of machines proposed, as well as a complete listing (manufacturer, name of product, and sale price) of proposed products. 3.2 MINIMUM REQUIREMENTS/RESPONSIBILITES 1. Successful respondent must provide a copy of their occupational/business license and State registration at time of award. 2. The firm, or principals of the firm, shall be regularly engaged in the business of providing the services as described herein. The firm shall have a record of performance and operation within Florida for a five‐year period of time immediately preceding this RFP. The firm shall have sufficient financial support, equipment, and organization to insure that they can satisfactorily execute the services if awarded a Contract under the terms and conditions herein stated. 3. Provide all necessary labor and supervision to accomplish the tasks detailed herein. Contractor personnel shall be adequately trained, present a professional appearance and City of Sunny Isles Beach |Request for Proposal No. 17-03-01 14 be readily identified by uniform or identification badge as an employee of the Contractor while on City property. 4. Contractor shall be responsible for the removal of all empty cartons, defective and spoiled products from the vending area to a waste disposal area designated by the City. The contractor shall also be responsible for vermin and pest control in and around its vending equipment. The Contractor shall keep all vending machinery clean, both inside and outside. Machines should be wiped down and sanitized on each visit and a thorough cleaning done not less than once per month. 5. Vendor shall collect all sales revenue from each machine on a regular basis, at least once each ten (10) calendar days, to reduce the risk of theft. Vendor shall be solely responsible for any loss of proceeds through fraud, theft, pilferage or embezzlement. 6. Any products and short-changes which result in consumer complaints (including past dated merchandise) must be resolved by the Vendor within five (5) days. 7. City reserves the right to add or remove locations and vending machines. 3.3 LOCATIONS Existing Machines # Location #Beverage Machines #Snack Machines #Soda / Snack Combo 1 City Hall 1st Floor 18070 Collins Avenue 1 1 2 City Hall 2nd Floor 1 1 3 City Hall 4th Floor 1 4 Pelican Community Park 18115 N Bay Rd 1 1 5 Samson Ocean Front Park 17425 Collins Ave 2 1 6 Heritage Park 19200 Collins Ave 1 1 7 Town Center Park 17200 Collins Avenue 1 6 5 2 3.4 EQUIPMENT REQUIREMENTS It will be the responsibility of the Contractor to make the necessary site visits to determine available space for installation, available utility connections and proposed arrangement, capacity, variety and product mix of vending machines. The successful Contractor shall provide new or like new equipment or a City-approved equal. Contractor should include as part of his proposal pictures of machine graphics and the quantity and variety of machines proposed per location, as well as a listing of proposed products, including brand names and nutritional contents of foods and beverages. Equipment that is not located in an air conditioned environment must be refrigerated so items will maintain freshness. All equipment, machinery, City of Sunny Isles Beach |Request for Proposal No. 17-03-01 15 electrical appliances, cords and apparatus shall comply with all provisions of the Florida State Safety Standards. 3.5 MACHINE DISCRIPTION 1. Vendors must thoroughly describe all machines covered in their proposal, including the following data: a. Physical size, make, model, year b. Number of food products dispensed c. Electrical requirements d. Plumbing requirements e. Ability to change item prices f. Coin change capacity 2. All vending machines must be of current manufacture, no older than five (5) years, and in excellent physical and mechanical condition. Machines that do not meet these requirements will not be acceptable for placement. Machines should be clean. 3. All machines shall have the National Automatic Merchandising Association (NAMA) approval. 3.6 DELIVERY AND INSTALLATION Equipment shall be delivered, installed and operational at all awarded locations within a period of thirty (30) calendar days after notification of award. Equipment shall be installed so as to present an attractive, flush-front, matched and uniform configuration. Equipment shall be secured to provide for safe, secure operation and to prevent tipping or shifting. All delivery and installation costs shall be the responsibility of the Contractor. 3.7 CURRENCY AND COIN USAGE All vending equipment must have the ability to accept one-dollar bills and various coins and to dispense change for any vended product in U.S. Currency only. Bidder shall specify details of payment acceptance as part of the bid response. Debit and Credit card vending machines are recommended. 3.8 FOODS As part of the proposal the proposer shall include a listing of food and drinks that are healthy organic foods that will be stocked within the vending machines, indicating the selling price to public. Including healthy fresh fruit juices, all natural organic snacks, healthy fruit bars, healthy fruit snacks, baked and naturally popped chips, water, and optional healthy smoothies. In addition to, snacks such as chips, crackers, pastry, Chex mix, granola bars, mints, peanuts, pretzels. Designated machines may include dispensed products such as, bottled and canned sodas, water, juices, teas (diet and regular snapple), sports drinks such as Gatorade, energy drinks. Contractor shall not sell or distribute any gum, glass bottles or containers. City of Sunny Isles Beach |Request for Proposal No. 17-03-01 16 The Contractor agrees to provide and maintain an adequate supply of merchandise for dispensing in the equipment provided. The Contractor shall be responsible to provide an adequate routing schedule to insure that merchandise is fresh, continuously available and equipment is properly functioning. Routing schedule should be on a regular scheduled basis set up by the Contractor and the City. Notification should be given to the City if the set up schedule is going to change. The contractor shall ensure that a minimum of 40% of all the snacks and beverages per machine must contain “all natural ingredients”. All dated products must be fresh, with un-expired dates of sale at all times. Vendor shall remove all expired products no later than the printed expiration date if not sold. Sale of expired products shall be a basis for default of the contract. 3.9 REPORTINGS Each vendor must submit with proposal a sample report of commission remittance of current customers. The Vendor agrees to compute, report, and pay monthly percentage to the City due from gross vending receipts of the previous month in accordance with the a greed upon percentage as indicted in Attachment A. The percentage of to the City shall be calculated on gross sales less applicable sales tax. Accompanying the check representing payment of commission due, a statement of sales with the following information will be forwarded to the City: a. Machine Number b. Counter reading (beginning and ending) c. Gross receipts as determined by counter d. Actual cash taken from machines e. Taxable receipts (gross receipts less refunds) f. Florida Sales Tax deduction g. Net receipts applicable to commission h. Commission due The City has the option of spot-checking collections as required to ensure accurate reporting of income and commissions. Vendor shall remit payment for all user fees within fifteen (15) days after the end of previous month. 3.10 LATE PAYMENT FEE Failure of Vendor to pay any of the revenue payments or any other fees, charges, or payments required herein on time is a breach of the Agreement for which City may terminate same or take such other legal action as it deems necessary. The monthly report of gross receipts and the monthly payments due the City must be submitted no later than fifteen (15) calendar days after the last day of preceding month. In the event the Contractor fails to pay the monthly fee by the stated date, there shall be an additional charge of $50.00 payable to the City for such late payment. If the payment and any City of Sunny Isles Beach |Request for Proposal No. 17-03-01 17 accumulated late fees are not received within thirty (30) days after the due date, the City may take the necessary steps to terminate the contract. The acceptance of a late revenue payment by City shall not be deemed as a waiver of any other breach by Vendor of any term or condition of this Agreement other than the failure of Vendor to timely make the particular revenue payment so accepted. 3.11 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 is required 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 i s found to be inoperable it shall be replaced within 24 hours of notification. 3.12 RELEASE OF LIABILITY The Contractor shall release and discharge the City of Sunny Isles Beach from any and all liability for loss of merchandise, goods, equipment or other property of the Contractor or his agents if lost, damaged, or destroyed by fire, theft, rain, water, storm, riot, civil disobedience, vandalism, or any other cause(s). 3.13 ROUTE SCHEDULE The awarded proposer shall provide the City with a route schedul e that will detail how often the machines will be serviced including food and drinks rotation and restocking. Stocking of new, fresh products shall be the sole responsibility of the successful Vendor. All dated products must be fresh, with un-expired dates of sale at all times. Vendor shall remove all expired products no later than the printed expiration date if not sold. Sale of expired products shall be a basis for default of the contract. END OF SECTON City of Sunny Isles Beach |Request for Proposal No. 17-03-01 18 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. Proposer’s percentage 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 |Request for Proposal No. 17-03-01 19 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 |Request for Proposal No. 17-03-01 20 Section 5 Proposal Format 5.0 FORMAT 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 #9 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. 1. Company Information  In response to this Proposal, all Proposers must provide the following:  Name of Agency/Company (including any "Doing Business As" names)  Company Locations.  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 |Request for Proposal No. 17-03-01 21  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. COST PROPOSAL - See Attachment A 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. Please include with Attachment B 7. OFFICE LOCATIONS A listing of all office locations (including address, phone numbers and point of contact). 8. CONTRACT FORMS All completed contract forms. 9. QUESTIONNAIRE See Attachment C END OF SECTION City of Sunny Isles Beach |Request for Proposal No. 17-03-01 22 DELIVER TO: City of Sunny Isles Beach City Clerk 18070 Collins Avenue Sunny Isles Beach, FL 33160 REQUEST FOR PROPOSAL SECTION 6 BID SUBMITTAL FORMS OPENING: 2:30 P.M. April 7, 2017 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: 3/21/2017 This Bid Submittal Consists of Pages 22 through 28 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 17-03-01 Citywide Healthy 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: Firm Name: Genesis Cuevas ________________________________________ Commodity Code(s): RETURN ONE ORIGINAL AND FOUR COPIES OF BID SUBMITTAL PAGES AND AFFIDAVITS FAILURE TO SIGN PAGE 25 OF SECTION 6 BID SUBMITTAL WILL RENDER YOUR BID NON- RESPONSIVE City of Sunny Isles Beach |Request for Proposal No. 17-03-01 23 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 Addendum #1, Dated Addendum #2, Dated Addendum #3, Dated Addendum #4, Dated Addendum #5, Dated Addendum #6, Dated Addendum #7, Dated Addendum #8, Dated PART II: NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID FIRM NAME: AUTHORIZED SIGNATURE: DATE: TITLE OF OFFICER: City of Sunny Isles Beach |Request for Proposal No. 17-03-01 24 BID SUBMITTAL FORM Bid Title: Citywide Healthy 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 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 Requirement s 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 |Request for Proposal No. 17-03-01 25 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, A CCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE PROPOSER TO THE TERMS OF ITS OFFER. City of Sunny Isles Beach |Request for Proposal No. 17-03-01 26 ATTACHMENT A - COST PROPOSAL Contractor is to provide a percentage against gross sales, payable to the City on a monthly basis for the following items. You must bid on all items to be considered for an award. List must include brand names. Monthly single fixed percentage of Sales Per Location __________________% Sales Prices for the following products: Price With Commission Price Without Commission Type of Beverage: $ Type of Beverage: $ Type of Beverage: $ Type of Beverage: $ Type of Beverage: $ Type of Beverage: $ Type of Beverage: $ Type of Beverage: $ Type of Beverage: $ Type of Snack: $ Type of Snack: $ Type of Snack: $ Type of Snack: $ Type of Snack: $ Type of Snack: $ Type of Snack: $ Type of Snack: $ Type of Snack: $ Type of Snack: $ Type of Snack: $ Type of Snack: $ Type of Snack: $ Type of Snack: $ Type of Snack: $ Other: $ Other: $ *Please attach supplement pages as necessary. *Prices must be typed. City of Sunny Isles Beach |Request for Proposal No. 17-03-01 27 ATTACHMENT B - REFERENCES City of Sunny Isles Beach |Request for Proposal No. 17-03-01 28 ATTACHMENT C – QUESTIONNAIRE Do your products meet the specifications in Part III, section 3.1 of the bid? ____________ Can you provide equipment for all locations listed? _________ Did you provide sample photos? _________ Will you provide refund funds for prompt reimbursement? __________ Will you provide sufficient “taste test samples” per the bid specs? _____________ Will sub-contractors be utilized to fulfill contract? _______________ JOINT BIDDING, CO-OPERATIVE PURCHASING AGREEMENT: Will extend same price, terms, and conditions of this bid to other Governmental agencies in the tri-County area? _____________ City of Sunny Isles Beach |Request for Proposal No. 17-03-01 29 AFFIDAVITS