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HomeMy WebLinkAboutRFP 17-10-02 Seasonal Ice Rink City of Sunny Isles Beach |Request for Proposal No. 17-10-02 1 Request for Proposal Goods & Services Seasonal Ice Skating Rink Request for Proposal No. 17-10-02 Advertisement Date: Thursday, October 26, 2017 Non-Mandatory Pre-Bid Conference Wednesday, November 1, 2017 at 1:00 PM All Questions Due: Friday, November 3, 2017 by 5:00 PM Submission due date: Thursday, November 9, 2017 at 2:30 PM Submit to: Attn: City Clerk Sunny Isles Beach Government Center 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Anticipated City Commission Meeting for Agenda November 2017 City of Sunny Isles Beach |Request for Proposal No. 17-10-02 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 Services/ Technical Specifications Section 3 Page 14 Evaluation Process Section 4 Page 21 Proposal Format Section 5 Page 23 Bid Submittal Form Section 6 Page 26 Attachments Attachment – A Compensation Plan Attachment – B Outdoor Location Attachment – C Potential Indoor Location 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 City of Sunny Isles Beach |Request for Proposal No. 17-10-02 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. Seasonal Ice Skating Rink Request for Proposal No. 17-10-02 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. Operators 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 operators 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 2:30 PM, on Thursday, November 9, 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: “FORMAL BID ENCLOSED” RFP No. 17-10-02 Seasonal Ice Skating Rink OPENING DATE AND TIME: Thursday, November 9, 2017 at 2:30 PM The City reserves the right to reject any or all Bids, with or without cause, to waive technical errors and informalities, and to accept the Bid, which best serves the interest of, and represents the best value to, the 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. 17-10-02 shall be directed in writing to Mauricio Betancur, CMC, City Clerk, at least five (5) business days prior to the date of the Bid opening. Questions may be submitted via email to: MBetancur@sibfl.net or via facsimile (305) 792-1563 or via regular mail at: Mauricio Betancur, CMC, City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL 33160. Mauricio Betancur, CMC, City Clerk City of Sunny Isles Beach City of Sunny Isles Beach |Request for Proposal No. 17-10-02 4 SECTION 1 INSTRUCTIONS TO RESPONDENTS / GENERAL TERMS AND CONDITIONS THESE INSTRUCTIONS ARE STANDARD FOR ALL REQUEST FOR PROPOSALS 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 RFP 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 Proposals or any required need for clarification must be made to Mauricio Betancur, CMC, City Clerk via email to: MBetancur@sibfl.net or via facsimile (305) 792- 1563 or via regular mail at: Mauricio Betancur, 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 Mauricio Betancur, CMC, Deputy 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 Proposals 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 operators, the City of Sunny Isles Beach has made available via Internet lists of all plan holders for each Request for Proposals. The information is available on-line at www.demandstar.com or by calling the Office of the City Clerk at (305) 792-1703. 1.3 ADDENDA TO SPECIFICATIONS: If any addenda are issued after the initial specifications are released, the City will post and disseminate the addenda through DemandStar. For those projects with separate plans, blue prints, or other materials that cannot be accessed through the internet, the Office of the City Clerk will make good faith effort to ensure that all registered 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 RFP 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 operator 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 operator 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 Proposals. 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 Proposal No. 17-10-02 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: The City of Sunny Isles Beach shall require the successful Bidder to furnish a Performance Bond and Payment Bond in the amount of 100% of the total Bid Price, with the City of Sunny Isles Beach as the Obligee, as security for the faithful performance of the Contract and for the payment of all persons performing labor or furnishing materials in connection herewith within ten (10) calendar days after issuance of the Notice of Award by the City. The Performance and Payment Bond shall continue in effect through the contract term. The bonds shall be with a surety company authorized to do business in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. 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: The equipment shall conform to all applicable OSHA, State of Florida and Federal safety requirements. 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 Proposal 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 operator 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 RFP without the prior written consent of the City Manager. Any award issued pursuant to the Request for Proposals and monies, which may be due hereunder, are not assignable except with prior written approval of the City Manager. Further, in the event that the majority ownership or control of the 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: City of Sunny Isles Beach |Request for Proposal No. 17-10-02 6 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 RFP and / or from any procurement decision of the City including without limitation, awarding the Contract to the Firm. 1.27 NON-CONFORMANCE TO CONTRACT: 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 RFP 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. City of Sunny Isles Beach |Request for Proposal No. 17-10-02 7 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 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 PROPOSAL 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. 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 RFP 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. City of Sunny Isles Beach |Request for Proposal No. 17-10-02 8 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 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. 17-10-02 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 seeking proposals from qualified vendors (the “Contractor”) with successful design, development, construction, management and operation of high quality indoor and outdoor ice skating rink facilities. The seasonal outdoor ice-skating rink facility is to be operated from approximately December 15, 2017 through February 15, 2018 each seasonal period. The ice rink contractor shall submit complete shop drawings for all equipment and materials to the City prior to fabrication and installation. The contractor shall provide all necessary labor, materials, delivery, and storage as needed for the construction and installation of a fully operable temporary ice rink. The proposer shall submit plans on how they propose to build the temporary ice rink. The contractor must also provide a proposal for an indoor skating rink, please refer to attachment C. The City will evaluate if an indoor or an outdoor skating rink is in the City’s best interest. Such information shall be subject to review, acceptance and approval of the City, prior to any contract award. The contractor shall establish event admission fees, with the possibility of revenue sharing with the City. The contractor will be in full accordance with the specifications, terms, and conditions contained in this Request for Proposal (RFP). Any exemptions to this scope of work shall be stipulated within the proposal. 2.2 PRE-PROPOSAL CONFERENCE A pre-bid conference will be held on November 1, 2017 at 1:00 p.m. at Sunny Isles Beach Government Center 18070 Collins Avenue Sunny Isles Beach, FL 33160; 1st Floor Conference Room to discuss the special conditions and specifications included within this solicitation. Vendors are requested to bring this solicitation document to the conference, as additional copies may not be available. 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 the Contractor during the contract period are satisfactory. Substantial completion of installation shall be December 13, 2017. 2.4 OPTIONS TO RENEW The initial contract term shall be for an initial one (1) year. The City, at its sole option, may renew the contract for three (3) one-year renewal terms. Exercising the option to renew is at the sole discretion of the City. City of Sunny Isles Beach |Request for Proposal No. 17-10-02 10 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. No additional costs may be accepted, other than the costs stated on the attachment A, Compensation 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 ing all licenses, fees and taxes, required to comply with all local laws and ordinances; county, stat e 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 revenue fee owed to the City. 2.7 DELIVERY Unless otherwise indicated, all items shall be delivered F.O.B. with destination and delivery charges included in the proposal price. F.O.B. destination is interpreted to mean unloading and placing in the building or area as directed by the City. 2.8 INSURANCE Comprehensive General Liability with minimum limits of five million dollars ($5,000,000.00) per occurrence for Bodily Injury 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 Services 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. 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: City of Sunny Isles Beach |Request for Proposal No. 17-10-02 11 o Owned Vehicles; o Hired and Non-Owned Vehicles; o Employers’ Non-Ownership. 2.8.1 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 Federa l 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. 2.8.2 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 WITH WAIVER OF SUBROGATION. 2.9 LIQUIDATED DAMAGES FOR INCOMPLETE PROJECTS The Contractor is obligated and guarantees to complete the Project in the time set forth in the Contract or any approved extension of time the Contractor may be granted by the City Manager. The Contractor will be notified in writing of any approved exceptions or extensions by the City Manager. Failure to complete the project in accordance with the specifications and to the satisfaction of the City within the time stated for substantial and/or final completion shall cause the City of Sunny Isles Beach |Request for Proposal No. 17-10-02 12 Contractor to be subject to charges for liquidated damages for each and every calendar day the work remains incomplete beyond these deadlines. The liquidated damages amou nts are as follows: Original Contract Amount Daily Charge Per Calendar Day $250,000 but less than $500,000 .................................................................................... $1,074 $500,000 but less than $2,500,000 ................................................................................. $1,742 As compensation due to the City for loss of use and for additional costs incurred by the City due to such non-completion of the work, the City shall have the right to deduct the said liquidated damages from any amount due, or that may become due to the Contractor under this agreement, or to invoice the Contractor for such damages if the costs incurred exceed the amount due to the Contractor. 2.10 INVOICE PAYMENTS The Contractor agrees that under the provisions of this Agreement, as reimbursement for those actual, reasonable and necessary costs incurred by the Contractor, which are directly attributable or properly allocable to the Services, the Contractor may invoice the City periodically, pursuant to Attachment A – Compensation Schedule. A payment schedule must be submitted with your proposal. 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. 2.13 SUBCONTRACTORS If the Contractor proposes to use subcontractors in the course of providing these services to the City, this information shall be a part of the bid response. Such information shall be subject to review, acceptance and approval of the City, prior to any contract award. The City reserves the City of Sunny Isles Beach |Request for Proposal No. 17-10-02 13 right to approve or disapprove of any subcontractor candidate in its best interest and to require Contractor to replace subcontractor with one that meets City approval. Contractor shall ensure that all of Contractor’s subcontractors perform in accordance with the terms and conditions of this Contract. Contractor shall be fully responsible for all of Contractor’s subcontractors’ performance, and liable for any of Contractor’s subcontractors’ non-performance and all of Contractor’s subcontractors’ acts and omissions. Contractor shall defend, at Contractor’s expense, counsel being subject to the City’s approval or disapproval, and indemnify and hold harmless the City and the City’s officers, employees, and agents from and against any claim, lawsuit, third-party action, or judgment, including any award of attorney fees and any award of costs, by or in favor of any Contractor’s subcontractors for payment for work performed for the City. 2.14 PUBLIC RECORDS IF THE SUCCESSFUL PROPOSER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUCCESSFUL PROPOSER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT CITY OF 18070 COLLINS AVENUE, SUNNY ISLES BEACH, FL 33160. THE CITY CLERK’S OFFICE MAY BE CONTACTED BY PHONE AT (305) 792-1703 OR VIA EMAIL AT MBetancur@sibfl.net. END OF SECTION City of Sunny Isles Beach |Request for Proposal No. 17-10-02 14 Section 3 Scope of Work / Technical Specifications 3.1 SCOPE OF WORK The vendor is to provide for the turnkey execution and operation of a seasonal ice rink facility, in the designated location at Gateway Park (the “Event Site”); to be open to the general public for recreational ice skating. The contractor shall provide, install, operate, maintain, disassemble, and remove a temporary ice skating rink for the entire holiday season . The ice rink contractor shall submit complete shop drawings for all equipment and materials to the City prior to fabrication and installation. The contractor will provide all necessary labor, materials, delivery, and storage as needed for the construction and installation of a fully operable outdoor (or potential indoor) ice rink system. The contractor must also provide a proposal for an indoor skating rink, refer to attachment C. The City will evaluate if an indoor or an outdoor skating rink is in the City’s best interest. The proposer shall submit plans on how they propose to build the temporary ice rink, which will be subject to the City’s approval. The contractor shall establish event admissions fee with possibility of revenue sharing with the City. The seasonal ice-skating rink facility is to be operated from approximately December 15, 2017 through February 15, 2018 each seasonal period, upon City’s authorized renewal. 3.2 MINIMINUM QUALIFICATIONS/ REQUIREMENTS: Responses will only be considered from firms which have been directly engaged in the business of manufacturing or distributing the goods and/or performing services as described in this Solicitation for a minimum period of five (5) years prior to the date of this Solicitation. The contractor must be able to produce support that they have an established satisfactory record of performance for a reasonable period of time and have sufficient financial support, equipment and staff to ensure that they can satisfactorily execute the services if awarded a contract. The City reserves the right, before awarding the contract, to require the contractor to submit such evidence of its qualifications as it may deem necessary, and may consider any evidence available to it (including, but not limited to, the financial, technical and other qualifications and abilities of the operator, including past performance and experience with the City). Successful respondent must provide a copy of their occupational/business license and State registration at time of award. 3.3 TECHNICAL SPECIFICATIONS FOR ICE SKATING RINK AND MINIMUM REQUIREMENTS 1. Modular Rink Piping Grid System (sized 50' x 180') 2. 200-Ton Air-Cooled Refrigeration System/Pumps/Hoses/Expansion Tank 3. Glycol Coolant Charge; Storage Containers; Transfer Pump 4. Insulation and Vapor Barriers, As Required 5. Modular Railing System 6. Ice Rink Maintenance Equipment; Mechanical Resurfacing Machine 7. Rental Ice Skates (300-pr.), Sharpened, Ready-To-Skate, Skate Racks, 5 for 50 to 70 pairs on each, to hold the rental skates 8. Rubber Floor Covering for Skate Change Area (1,000-square feet) City of Sunny Isles Beach |Request for Proposal No. 17-10-02 15 9. Material Handling Equipment for Set-Up and Strike 10. All Tools, Equipment, and Supplies for Set-Up and Strike 11. White Ice Paint, Select Logos (as directed and approved by the City), and Installation Thereof 12. Wood-Frame Covering Over Rink Header 13. Kiosk or Service Counter for Ticket and Skate Rental Operation 14. Skate Change Deck Area (“L” on two sides of the rink, with other required pedestrian access walkways; 8-feet on long-side of rink) 15. Benches for Skate Change Area 16. Sound/P.A. System (for music entertainment and safety announcements) 17. Turf Carpet to Trim-Out/Finish Rink Perimeter/Edge 18. All Transportation and Freight from/to Factory/Storage 19. Liability-Limitation Package (including industry-standard text for liability waivers, yellow- jackets for skate monitors, text for various signing, text for P.A.). 20. Policy & Procedures/Training Manual for Rink Operation. 21. Dimensions for indoor skating rink are approximately 15,000 square feet; 206' x 73' 3.4 TURNKEY EXECUTION, PROFESSIONAL MANAGEMENT, AND DAY-TO-DAY OPERATION The contractor shall provide the total management and operation of the project (pre-, during, and post), and shall deliver to the guests a superior level of customer service. Per sonnel shall be screened, trained, and monitored to fulfill this obligation; the facility shall be maintained on a daily basis to fulfill this obligation. Specific inclusions: 1. Professional Project Manager Assigned to the Project (advance coordination wit h CITY, other primary operators, timeline planning, coordination of installation, coordination of removal); or other qualified manager as appointed by the CONTRACTOR. 2. Pre-Event Design Services (including general overview layout of the Event Site, product specification information for each equipment item listed, MSDS-specifications for all chemicals, other materials for Owner use for permits) 3. Pre-Event and On-Going Professional Support Services (including general guidance in the areas of liability-prevention, operational signing, programming, sponsorship benefits, day-to-day operating procedures, staffing, public safety). 4. All professional supervision and general labor for set-up and strike. 5. Professional, experienced on-site manager/asst. manager on-duty during all operating hours. The manager shall have recreation or amusement industry experience in the area of liability prevention; management of the day-to-day functions of the rink operation. 6. Day-to-day operating personnel to affect a high degree of customer service; to include cashier functions, skate rental attendants, safety monitors, ice maintenance, and ice technician functions. Level of staffing shall be based upon attendance levels subject to industry standards, with staffing and operation function in place during all public operating hours. 7. Operating hours shall be defined to be: Monday - Thursday, 4:00-9:00pm, at minimum; Friday 4pm – 9:00pm, at minimum; Saturdays, 10:00am-9:00pm, at minimum; Sundays, 12:00noon- 9:00pm, at minimum; School & Federal Holidays, 10:00am-9:00pm, at minimum. The public operating hours each season shall be determined by mutual agreement between both Parties, not later than August 1 prior to each operating season. Any change to this schedule shall be City of Sunny Isles Beach |Request for Proposal No. 17-10-02 16 discussed and approved in writing by all Parties. Group use activities may be scheduled by the Contractor, upon receipt of written inquiry, with hours of special activitie s to be approved by the City. 8. All periodic maintenance of the ice surface using manual, hand -held resurfacing devices and the mechanical resurfacing machine, at proper times to maintain a functional public ice rink venue. 9. All ice maintenance in relation to weather events such as rain, during the term of each operating season, to cause the ice rink to be operational for the greatest number of regular operating hours possible. 10. All daily ice-making, ice-flooding, or other manicuring of the ice surface following or prior -to each day’s operation. 11. The general monitoring of the refrigeration system and ice surface; the maintenance of a refrigeration and ice-condition logbook, recording the operating temperatures, operating pressures, expansion tank level, and other desired measures of the refrigerati on equipment, the ambient weather conditions, and the overall condition of the ice surface. 12. Daily, periodic inspection of the entire ice rink facility in relation to liability-limitation, public safety, and to maintain the finish of the facility in continuously good condition. 13. The general monitoring of the ice surface by qualified personnel in relation to liability protection, public safety, and visual observation of public skaters. 14. The distribution of an admission wristband, with graphics thereon to include a consecutive- number and statement of acceptance of risk, to each and every participating skater entering the facility; general confirmation and observation that each participating skater has been issued an admission wristband affixed to their person. 15. The maintenance of Incident Reports regarding any public safety situation or public accident on or about the ice rink venue. 16. The proper stocking of the rental skates and proper operation of the rental skate area. 17. The retail sale of socks, mittens, and souvenir merchandise associated with the ice rink venue, and other retail/gift items associated with ice skating, if desired. 18. Food and Concession sales, upon City approval 19. Confirmation of public announcements of safety information every 45-minutes during the public operating times; appropriate non-religious holiday and carefully-programmed music selections; music/announcement recording; professional announcements and general entertainment. 20. All human resource functions for ice rink-specific personnel, local staff recruitment, payroll and taxation functions; worker's compensation insurance. 21. Employee uniforms; all ice rink staff shall be fitted with easily identifiable uniform shirts/jackets. 22. POS/cash register equipment; credit card machines/supplies. 23. Mobile telephone service for the rink manager; email service for the rink manager. 24. Day-to-day operating supplies including towels, disinfectant for skates, etc. 25. Anti-bacterial stand, at the area of the skate rental operation. 26. First-aid supplies and complete kit maintained at all times. 27. General housekeeping of the ice rink venue/skate change area. 28. Written emergency response plan determined in advance of event, with coordination with local authorities. 29. E-mail-based group reservation system; daily monitoring and follow-up to book group reservations, as required to serve the public users. 30. City-approved signage for operating procedures and liability-issues. City of Sunny Isles Beach |Request for Proposal No. 17-10-02 17 31. General marketing in coordination with City, to promote project and special events related to project. 32. Coordination of various special events to be staged within the ice rink venue, including special group activities, exhibitions, etc. 33. Liability-limitation package (including industry-standard text for liability waivers, yellow-jackets for skate monitors, text for various signage, text for P.A. safety announcements). 34. The contractor shall establish skating rules and post them in a highly visible location and employees should be trained to enforce the rules. 3.5 LOCATION Rink facility to be located on the identified area of Gateway Park, 151 Sunny Isles Blvd, Sunny Isles Beach, FL 33160, please refer to Attachment B and C. 3.6 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 for capacity. The successful Contractor shall provide new or a City-approved equal equipment. Contractor should include as part of his proposal pictures of machines graphics and designs. The equipment being used by the operator for the Public shall be the most recent model available, i.e. – ice skates, etc. The omission of any essential details from these Specifications does not relieve the Contractor from furnishing up to date equipment. The equipment shall conform to all applicable OSHA, State of Florida and Federal safety requirements. All components are to be in accordance with current standards and recommended practices. The engineering, ma terials and workmanship shall exhibit a high level of quality and appearance consistent with, or exceeding, industry standards. 3.7 DELIVERY AND INSTALLATION Initially, equipment shall be delivered, installed and operational at awarded location within the period noted on the notice to proceed. All delivery and installation costs shall be the responsibility of the Contractor. The contractor is responsible for any damage to the park incurred during the contractor’s installation or operational activities. This includes but is not limited to plant damage, damage to the irrigation system, damage to flatwork, buildings, public art, electrical systems, sound systems, lighting systems, or park amenities such as trashcans or benches. At the direction of t he City, the contractor will repair or reimburse the City to repair any damage. 3.8 SKATING SURFACE The contractor must maintain the ice in top condition consistent with industry standards. The City recognizes that the quality of ice makes a difference in skaters experience and the safety of skaters: proposers should explain in the RFP how they intend to maintain the ice and offer references and safety records of other ice facilities they manage or have managed within the past five years. City of Sunny Isles Beach |Request for Proposal No. 17-10-02 18 3.9 MAINTENANCE The contractor will be expected to operate and maintain the premises in good and safe conditions and in accordance with industry standards. This maintenance includes, but is not limited to, the maintenance and repair of the ice surface. Other safety or maintenance concerns, including al l interior and exterior structures, building systems, utility systems and connections, sewer systems and connections, equipment, lighting, sidewalks, paved areas, temporary structures, ice ribbon refrigeration system, gutters, curbs, and fixtures, should be immediately communicated to the City’s representative. The property will be kept free of litter at all times and trash cans will be emptied as frequently as necessary to prevent any overflowing debris. The City will provide on-site storage for the Zamboni and a limited amount of space for other ice building and maintenance equipment for use during the operating season. Proposer shall submit a maintenance plan with their proposal. 3.10 LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS Proposer agrees to comply, subject to applicable professional standards, with the provisions of any and all applicable Federal, State, County and City orders, statutes, ordinances, rules and regulations which may pertain to the Services required under the Agreement, including but not limited to: 1. Occupational Safety and Health Act (OSHA) 2. City Building & Mechanical Codes 3. American Standard of Refrigeration Piping ASA B31.5 4. American Standard of Pressure Piping ASA B31.1 5. American Standard Code for Pressure Vessels 6. American National Standard B9.1, Safety Code For Mechanical Engineering 7. National Electric Code 8. ASME Code 9. ARI American Standard 590 10. UL Listed 11. ASHRAE Handbook for Mechanical Engineering 12. Equal Employment Opportunity (EEO) 13. The applicable requirements of Form FHWA-1273 14. Americans with Disabilities Act (ADA) 15. "Conflicts of Interest" Section 2-11 of the County Code. 16. Food and Drug Act (if applicable) 17. The Federal Department of Agriculture -Products Regulations (if applicable) 18. CFR 60-1.4 Equal opportunity clause. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gen der identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. City of Sunny Isles Beach |Request for Proposal No. 17-10-02 19 3.11 THE CITY’S ROLE AND RESPONSIBILITY The City assures the adequacy of utilities currently in place at the premises. The City shall pay for all electricity and water connected with the operation of this concession during the term. 1. 3-phase, 480-volt, 600-amp continuous power supply to the refrigeration; City’s electrician to connect City’s side of service, on a timely basis as per an established timeline to be issued prior to the installation phase. 2. Continuous water supply available immediately adjacent to the rink area; hoses as necessary. 3. Trash receptacles, trash removal; trash disposal. 4. General grounds keeping of the Project Site. 5. Reserved curbside parking in close proximity to the rink installation site for Contractor’s installation and removal phase, and for Contractor’s and Customer’s personnel; identified parking for the participating skaters. 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, stor m, riot, civil disobedience, vandalism, or any other cause(s). 3.13 24-HOUR EMERGENCY SERVICE STAND-BY Professional technicians (including refrigeration) available 24-hours per day, 7 days a week on a 2-hours response basis. 3.14 STAFFING Such staffing shall include, but shall not be limited to: cashiers, skate rental attendants, ice monitors, ice maintenance personnel, janitorial and other maintenance personnel, customer service attendants (for peak operating hours), housekeeping and group reservation call center personnel. Contractor will be solely and wholly responsible for all requested services; skate rental, concessions, ice resurfacing and subletting or subcontracting will not be permitted. The Contractor will agree to be an equal opportunity employer and to not discriminate on the basis of race, color, creed, sex, age, or any other protected classification. 3.15 CLEAN UP AFTER PROJECT IS COMPLETED All unusable materials and debris shall be removed from the City premises. The successful Contractor shall thoroughly clean up all areas throughout the season and after the season ends as mutually agreed with the City’s project manager. 3.16 SPECIAL EVENTS City of Sunny Isles Beach |Request for Proposal No. 17-10-02 20 Subject to prior written approval from the City, the contractor may conduct special events or programs at the premises. The contractor shall submit to the City for approval all plans for any events or programs at the premises, and in no event shall the premises be closed to conduct private activities during public hours of use except when such activities are specifically approved or sponsored by the City and such a closure has been announced to the public at least two weeks in advance of such activities or events. All revenue generated through such special events must be reported to the City as Gross Receipts. The City reserves the right to utilize the ice rink at no charge for up to six special events during each season. The City must coordinate each special event with the contractor. Proposer should also be able to provide floor covering for when City will be using the park for an event that will require additional space. 3.17 ADMISSION FEE FOR PUBLIC ICE SKATING RINK: Proposers should submit a detailed list of all proposed fees and prices, including by not limited to, prices for general admission, skate rentals, lockers, locks, bag checks, skate sharpening, group rates, private lessons, and group lessons. All fees and p rices require the prior written approval of the City. The Contractor should establish a fee structure where residents (with valid SIB Resident ID Card) receive a discounted price for admission. The contractor may be allowed to offer reduced rates for senior citizens, youths, and students. In addition, the vendor shall also include a cost breakdown of the estimated profit returned to the City and a revenue payment schedule. 3.18 REPORTINGS Each vendor must submit with proposal a sample report of commission remittance of current customers. Throughout the contract term, the contractor will be required to maintain a revenue control system to ensure the accurate and complete recording of all revenues, in a form and manner acceptable to the City. This revenue control system must maintain detailed sales information from each sales transaction. Specifically, sales information must be recorded electronically, via a point-of-sales system, and must include, but is not limited to, details on each sales transaction, the item(s) sold, time, date of sale and price of the item sold. The contractor must also establish a unique general ledger account for all deposits related to this contractor’s revenue. All accounting and internal control related records shall be m aintained for a minimum of ten (10) years from the date of creation of the record. The contractor shall keep adequate records of accounts and permit the City to inspect such records at any reasonable time during normal business hours; records shall include a daily cash report at the end of each day’s business, listing the categories of sales that correspond to separate keys on the cash register; a daily record of the number of rentals, lessons and events; a daily record of maintenance activities including sharpening of skates; and a daily record of sponsored or reserved party events. The contractor shall provide monthly statements showing the daily gross receipts from all sales, which statement shall be submitted to the City not later than the 15th of the month following the month for which the statement is made. The contractor shall maintain a daily on -site presence, and shall meet regularly, if not weekly, with the City’s representative. 3.19 COMPENSATION PLAN Refer to Attachment A END OF SECTON City of Sunny Isles Beach |Request for Proposal No. 17-10-02 21 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. Site plan showing location of rink, chiller, recirculation pump, skate rental station, patron seating area for putting on and removing skates, and any ancillary facilities. 3. Proposers approach methodology to providing the services requested in this solicitation. Including Marketing and promotion plan. 4. Description of ancillary facilities, if applicable, including a list of activities, operators, and entertainment Price 5. Detailed breakdown of products, services and revenue percentage to the City. 4.2.1 ADDITIONAL INFORMATION In order to be considered, Proposers shall provide sufficient information including prototype artwork, drawings or illustrations to demonstrate the proposers artistic creativity and style portraying a distinctive image for the City of Sunny Isles Beach (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 imp lications of proposal shall not be considered. 4.3 PRICE EVALUATION The price proposal should include a payment schedule based on the phases of the Project and any custom designed hardware and equipment essential to your proposal. The price proposal will be evaluated subjectively in combination with the technical proposal, City of Sunny Isles Beach |Request for Proposal No. 17-10-02 22 including an evaluation of how well it matches Proposer’s understanding of the City’s needs described in this Solicitation, the Proposer’s assumptions, and the value of the proposed services. The City reserves the right to negotiate the final terms, conditions and pricing of the contract as may be in the best interest of the City. 4.4 NEGOTIATIONS The City may award a contract on the basis of initial offers received without discussions. Therefore, each initial offer should contain the Proposer’s best terms from a monetary and technical standpoint. Notwithstanding the foregoing, if the City and said Proposer(s) cannot reach agreement on a contract, the City reserves the right to terminate negotiations and may, at the City Manager’s or 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. 17-10-02 23 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 #7 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:  W9 with 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.  Operator shall be active with State of Florida Department of Professional Regulation License  Rink Contractor shall have responsible design and construction personnel with a minimum of 5 years experience on comparable projects.  Rink Contractor must provide a listing of comparable projects and must supply certified evidence of at least 3 installations similar to these Specifications. The list shall include the names of the rinks, locations, owner and/or engineer. This City of Sunny Isles Beach |Request for Proposal No. 17-10-02 24 information shall be provided on the Contractor’s Project References page attached to the Bid Form, and shall be submitted at the time of the bid. 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:  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  The ice rink contractor shall submit complete shop drawings for all equipment and materials to the Owner prior to fabrication and installation.  All submittals shall be in conformance with General Requirements and Submittal Procedures.  Complete fabrication shop drawings of the entire system, accessories and equipment.  Literature and Drawings, including dimensions, weights, required electrical wiring and control diagrams.  Recommendations, procedures and requirements for the coordination with the work of other trades on the Projects, completed wiring, piping and control diagrams covering field installation. 5. COST PROPOSAL – Include on Attachment A  Payment Terms – such as, initial deposit and payment schedule per project phases 1. Total fee for completion of the installation including labor and equipment. 2. A list of anticipated reimbursable expenses and the rate charged for each. 3. Monthly maintenance fee 4. Professional Emergency Service Fee (Hourly Rate) 5. Any reduced fees offered to other municipalities, governmental entities 6. Miscellaneous cost/fees must be included. 7. In addition, the vendor should also include a cost breakdown of the estimated profit returned to the City. City of Sunny Isles Beach |Request for Proposal No. 17-10-02 25 Note: The City reserves the right to negotiate a lower or different fee structure with any firm that is selected. 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 be signed with contact person name, email address, office location 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. 6.1 Provide a detailed description of comparable contracts (similar in scope of services to those requested herein) which the Proposer has either ongoing or completed within the past three years. The description should identify for each project: (i) client, (ii) description of work, (iii) total dollar value of the contract, (iv) dates covering the term of the contract, (v) client contact person and phone number, (vi) statement of whether Proposer was the prime contractor or subcontractor, and (vii) the results of the project. Where possible, list and describe those projects performed for government clients or similar size private entities (excluding any work performed for the City) 7. CONTRACT FORMS All completed contract forms. END OF SECTION City of Sunny Isles Beach |Request for Proposal No. 17-10-02 26 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. Thursday, November 9, 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: 10/26/2017 This Bid Submittal Consists of Pages 26 through 26 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 17-10-02 Seasonal Ice Skating Rink 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 27 AND 29 OF SECTION 6 BID SUBMITTAL WILL RENDER YOUR BID NON-RESPONSIVE City of Sunny Isles Beach |Request for Proposal No. 17-10-02 27 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. 17-10-02 28 BID SUBMITTAL FORM Bid Title: Seasonal Ice Skating Rink 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 this Request for Proposal, 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 |Request for Proposal No. 17-10-02 29 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 |Request for Proposal No. 17-10-02 30 ATTACHMENT A – COMPENSATION Submit an all-inclusive cost statement. Provide a detailed cost statement for providing the services indicated in Section 3.0 Scope of Services. Itemize fees, expenses and any optional costs separately. Proposer may provide additional supporting documents as needed but include the total all-inclusive cost statement in Table 1. Also, note the payment Terms, such as initial deposit and payment schedule per project phases. Compensation Schedule: Not to Exceed Total: Revenue to City: Percentage % of all sales: Option 1: In consideration for the completion of the services specified herein by contractor, the City shall pay contractor an amount not to exceed: $ Option 2: In consideration for the completion of the services specified herein by operator, the Operator shall pay for the scope of work in an amount not to exceed: $ Option 3: In consideration for the completion of the services specified herein by contractor for an indoor skating rink, the City shall pay contractor an amount not to exceed: $ Option 4: In consideration for the completion of the services of an indoor ice skating rink specified herein, the Operator shall pay for the scope of work in an amount not to exceed: $ Any reduced fees offered to other Municipalities, Governmental entities: $ City of Sunny Isles Beach |Request for Proposal No. 17-10-02 31 As-needed Basis Food and Beverage Concession $ Weekly Security Services $ Weekly Reimbursements, such as travel and accommodations $ Weekly Off Hours Emergency Support $ Hourly Miscellaneous Synthetic Ice Rink Rental (Winter Fest December) 24x44, Total footprint 36x44, setup and tear down, chairs, 20 helmets, 10 skate bars, socks, 2 employees $ Daily City of Sunny Isles Beach |Request for Proposal No. 17-10-02 32 ATTACHMENT B - LOCATION Address: 151 Sunny Isles Blvd, Sunny Isles Beach, FL 33160 City of Sunny Isles Beach |Request for Proposal No. 17-10-02 33 City of Sunny Isles Beach |Request for Proposal No. 17-10-02 34 ATTACHMENT C – POTENTIAL INDOOR LOCATION Address: 151 Sunny Isles Blvd, Sunny Isles Beach, FL 33160 City of Sunny Isles Beach |Request for Proposal No. 17-10-02 35 AFFIDAVITS NON-COLLUSION AFFIDAVIT City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 STATE OF FLORIDA ) ) COUNTY OF _____________) 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, _____________________________________________________________ (Name of Corporation, Partnership, Individual, etc.) a, ________________________________, formed under the laws of _____________ (Type of Business) (State) of which he is ________________________________________________. (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 _______________________, 201_. Personally Known ________ or Produced Identification ________; Type of identification ___________________________________ (Affix seal here) ___________________________________ NOTARY PUBLIC (name printed or typed) 1 of 7 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 _____________ by____________________________________________________________________________ [print individual’s name and title] for____________________________________________________________________________ [print name of entity submitting 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. I 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. I 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. I 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 2 of 7 10/1998 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. 11.5. I 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 ________________________________ 3 of 7 EQUAL OPPORTUNITY / AFFIRMATIVE ACTION City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Telephone: (305) 947-0606 Fax: (305) 949-3113 EQUAL OPPORTUNITY/AFFIRMATIVE ACTION STATEMENT The contractors and all subcontractors hereby agree to a commitment to the principles and practices of equal opportunity in employment and to comply with the letter and spirit of federal, state, and local laws and regulations prohibiting discrimination based on race, color, religion, national region, sex, age, handicap, marital status, and political affiliation or belief. Signed: ________________________________________ Title: ________________________________________ Firm: ________________________________________ Address: ________________________________________ ________________________________________ 4 of 7 5 of 7 C O N F L I C T O F I N T E R E S T City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles each, FL 33160 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 o r employee of the City of Sunny Isles Beach or its agencies. STATE OF FLORIDA COUNTY OF ________________________ BEFORE ME, the undersigned authority, personally appeared __________________________________________ , who was duly sworn, deposes, and states: 18.1. I am the _________________________ of __________________________________________ with a local office in ______________________________________________________________________ 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 _________________________________________________________. 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 anyone associated with them, is presently sus pended or otherwise ineligible from participation in contract letting by any local, State, or Federal Agency. 18.6. Neither the entity, nor its affiliates, nor anyone associated with them have any potential conflict of interest due to any other clients, contracts, or property interests for this project. 18.7. I 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. 18.8. I 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 a bove named entity, will immediately notify the City of Sunny Isles Beach. Dated this __________ day of __________________________________, 20 ____. ____________________________________________ ____________________________________ AFFIANT Print or Type Name and Title Sworn to and subscribed before me this __________ day of ______________________________, 20____.  Personally Known, OR  Produced Identification - Type of Identification ____________________________________________ NOTARY PUBLIC STATE OF FLORIDA _______________________________________________________ DISPUTE DISCLOSURE City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 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 6 of 7 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 STATE OF FLORIDA ) ) COUNTY OF ___________ ) 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. By: ________________________________ Title: ________________________________ The foregoing instrument was acknowledged before me this _____ day of __________________, 20____, by _________________________________________ [name of person], as __________________________________ [type of authority], for ________________________________ [name of party on behalf of whom instrument was executed]. AFFIX NOTARY STAMP HERE: _______________________________ Notary Public – State of Florida ________________________________ Print or Type Commissioned Name Personally Known __________ OR Produced Identification __________ Type of Identification Produced ________________________________ 7 of 7