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HomeMy WebLinkAboutSpecifications . • CITY OF SUNNY ISLES BEACH 18670 Collins Avenue • Sunny Isles Beach, Florida 33160 305.9470606 • - 4, veww.sibfl.na t: swat r1/4 Or sut4 Request for Proposal Goods&Services 0 N Y /s , .c•- ‹ vS 0 ‘/•■ ''f-t (0 ••••• Vat Atit.; r 0 (..) , • •-• ••;-. •-.7-••••1 -k * / . t- 9 9 * F L CL\ 0/ P•val° OF SU t4 Citywide Concessionaire Services Request for Proposal No. 12-10-02 Publish Date: Bid Due and Bid Opening Date: 11/01/2012 12/05/2012 at 10:00 AM Pre-Bid Conference: Where to Deliver Proposal Intentionally Omitted Sunny Isles Beach Government Center 18070 Collins Avenue Sunny Isles Beach, Florida 33160 City of Sunny Isles Beach I Request for Proposal No. 12-10-02 1 . ' CITY OF SUNNY ISLES BEACH 1 8070 Collins Avenue Sunny Isles Beach, Florida 33160 of s,— t, - 305.947.0606 \ wwsjbfl.net t� h in 0 hs' C9\ W P f C„'s of sUN Po 0 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 10 Scope of Work/Technical Specifications Section 3 Page 14 Evaluation Process Section 4 Page 20 Proposal Format Section 5 Page 22 Bid Submittal Form Section 6 Page 24 Affidavits Non-Collusive Affidavit Page 1 of 7 Public Entity Crimes Page 2 of 7 Equal Opportunity/ Affirmative Action Statement Page 4 of 7 Conflict of Interest Statement Page 5 of 7 Dispute Disclosure Form Page 6 of 7 Anti-Kickback Affidavit Page 7 of 7 Attachments City of Sunny Isles Beach 'Request for Proposal No. 12-10-02 12 - CITY OF SUNNY ISLES BEACH • 18070 Collins Avenue • Sunny Isles Beach, Florida 33160 oouur B 305.947.0606 _ f www.sibil.net t.. o ,r 1F .-C7-$‘ s C„`of sut P‘‘0 LEGAL ADVERTISEMENT NOTICE TO BIDDER NOTICE IS HEREBY GIVEN that the City of Sunny Isles Beach is seeking sealed Bids for the following work as specified. Citywide Concessionaire Services Request for Proposal No. 12-10-02 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. Vendors who obtain the Bid Specifications from sources other than DemandStar or the City of Sunny Isles Beach are cautioned that their Bid response package may be incomplete. Addenda will be posted and disseminated by DemandStar at least five days prior to the submittal date to all vendors who are listed on the official list. The City may not accept incomplete Bids. Bids shall be on a unit price basis; segregated Bids will not be accepted. Sealed Bids will be received by the City Clerk no later than 10:00 AM, on Wednesday, 12/05/2012 at the Sunny Isles Beach Government Center located at 18070 Collins Avenue, 4f° 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 dearly marked: "IMPORTANT, BID ENCLOSED” Bid No. 12-10-02 Citywide Concessionaire Services OPENING DATE AND TIME: Wednesday, 12/05/2012 at 10:00 AM The Owner reserves the right to reject any or all Bids, with or without cause, to waive technical errors and informalities, and to accept the Bid, which best serves the interest of, and represents the best value to, the Owner in conformity with the criteria set forth in Section 62-8 of the Code of Ordinances of the City of Sunny Isles Beach. All questions regarding Request for Proposal No. 12-10-02 shall be directed in writing to Jane A. Hines, CMC, City Clerk, at least five (5) business days prior to the date of the Bid opening. Questions may be submitted via email to: JHines(a sibfl.net or via facsimile (305) 792-1563 or via regular mail at: Jane A. Hines, CMC, City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL 33160. Jane Hines, CMC, City Clerk City of Sunny Isles Beach City of Sunny Isles Beach I Request for Proposal No. 12-10-02 3 . • =. . • • CITY OF SUNNY ISLES BEACH • 18070 Collins Avenue - Sunny Isles Beach Florida'33160 05.947 0606 - •f _ . - • 305 947 •• CI"Di SJM H�0 SECTION 1 INSTRUCTIONS TO BIDDER / GENERAL TERMS AND CONDITIONS THESE INSTRUCTIONS ARE STANDARD FOR ALL BID COMMODmES/SERVICES ISSUED BY THE CITY OF SUNNY ISLES BEACH.THE CITY OF SUNNY ISLES BEACH MAY DELETE,SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR CONTRACT BY INDICATING SUCH CHANGE IN SPECIAL INSTRUCTIONS TO BIDDERS OR IN THE BID SHEETS ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THE GENERAL CONDITIONS SHALL HAVE PRECEDENCE.BIDDER AGREES THAT THE PROVISIONS INCLUDED WITHIN THIS BID OR RFP SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY STANDARD FORM CONTRACT OF THE BIDDER REGARD!FtS OF ANY LANGUAGE IN BIDDER'S CONTRACT TO THE CONTRARY. 1.1 CURI FICATTON/EXPLANATION/OUESTIQNS: alit entity,are may not transact business with arty pubic entity in excess of the threshold amount po'+idel in section 287.107,for Any guestbns concerning the Bid Specifications or any required category two for a period of 36,re.ws from the data of being reed for clanfration must to made to Jane A. Nines,CMC, City placed on the co evicted vendor 1st'. Clerk via email to: JHnesesibtnt or via famine(305)792-1563 or ve reg lar mad at: Jane A. Hoes, CMC, City Clerk, City of 1.6 BID DEADLINE; Suety It Beads, 18070 Collins Avenue,Suety It Beads,FL 33160. Such requests for darifcation/ewlanatipn or questions Bids must be submitted no later than the time and data shown must be made in writing to Jane A Hines,CMC,Cry oak,at least within tks document. five (5) business days pear to the date of the Bid opening. Into tothibits or darihcadms c nsidered rwwswary by the City 1.7 SEALED BID: yid be issued by addenda and posed/disseminatel by°anandStar (veto denarastar coon) to al parties fisted on the official plan The entire BC Response Package stal be placed in an opaque tootles'1st as having received the Be document Only questions envelope (with al dens listed on the Bid cheddist form and all answered by mitten addenda shall be twang. Oral ntapetatia s other items required within this Request for Proposal must be or dardratons sisal be wit Clot legal effect. No plea of kpnorance executed)and submitted in a sealed envelope. or delay or regtired need of additional information shall exerrgt a Proposers horn stindthg their Be on the required date and tine 1.8 BID EXECUTION.SIGNATURES RAS RE CO'RFCIION: as put cly noted. Al Blds shall be signed in tie nk- M pica gates shall be 1.2 PLAN HOLD R'S LIST; typewritten or pitted with nt, All mnemars made by the pop,sers pct to the opening must be initialed and dated by the As a canveniace to vendors,the City of Sunny It Beach has proposes. No changes or corrections will be allowed after Bids are made available via ntemet lists of all plan holders for each Raines opened. Bids must contain an anginal, manual signature of an for Proposal,Request for Proposal,and request for qualfcadns. authorized representative of the=cant. The idmnation is available orNine at www.deinanistarzorn or by piling the Office of the City Oak at(305)792-1703. 1.9 WITHDRAWAL OF BIDS: 1.3 ADDENDA TO SPECIFICATIONS; Proposers may withdraw Bids only by written request and shall forward the withdrawal request via'Certified U.S. Mal-Return If any addenda are issued after the initial sµvficatpns are Recep Requested"prior to the Btl opening tine. Neglgeoe on released,the City will post and disseminate the addenda tntgh the part of the Proposers in preparing the Bid modes no right for Detaws tar. For those p ejects with separate plans,hue pass, the withdrawal of the Bid after it has been opened. or other materials that cannot be accessed through the Hone. the Office of the City Clan will make goad faith effort to ensure 1.10 DID OPENING; that all registered proposes(those who have teen registered as receiving a Be package) receive the documents. It is the Bids will be opened publicly at the tone and place stated in to re a-es tiSty of the vendor prior to the submission of any NCI to Notice to Bidder. It is the responsaity of the papaws to insure check the above websete or contact the Offce of the City Get at that the Bid reaches the Office of the City Clerk on or before the (305)792-1703 to vet any addenda issued. The r¢apr of all dosing hour and date stated on the Request for ProposaL After the addenda must be acknowledged on the Be Response Sheet. Bad opening,the carers of the BC Fain veil be Mute pubic for the nfornation of wanders arid other interested parte,who may 1.4 SPECIAL ACCOMMODATIONS: be present ether in person or by :thee. Bids that are received after the Bid opening time we rat be considered and veil Any person regtirirg a special accormodation at a Pre-Bid not be returned. Conference or Bit/RFP/RFQ opening because of a disatity staid cal the Office of the City Clerk at(305)792-1703 at lease five(5) 1.11 gVAI UATION OF BIDS: days prior to the Pre-Bid Conference or Bid/REP/RFD opening. If you are hearing or speech mowed,please contact the Office of The City.at its sole discreton,reserves the rgtt to iepet arty/al the City Oat by calm the City of Sunny Isles Beads using the Proposes faculties to detente their capabdty of meetng the Ronda Relay Service which can be recited at 1( (0)955-8771 requrements for the G.m act. Also, price. resixewhtity, and (TDD). responsiveess of the Proposes,the financial position,a ydece, staffing, equipment, materials, references, and past history of 1.5 PUBISC ENTITY CRIMES STATEMENT; sevice to the City and/or sits other pus of state,arrVor local governments n Florida, or comparable private entie, wit be Pursuant to the provisions of paragraph(2)(a)of seraph 287.133, taken into moderation in the Award of the Contract Florida starts'a person or affaiate who has teen placed on the convicted vendor let fotowing a conviction for a pubic entry cite 1.11.1 Had Hanits: Al Broposer's Poi totl the City,rs nlY_t141 suhest a B on a contract to provide any gods or officials and a sployees taintless arid covenant not to serene to a public airy,may not subalit a Bid as a contact with sue the City,Os officials aid employees in reference a public a tty for the construction or repair of a pubic building or to their decisions m reject.award,or not award a Bid, putt wait,may not sutat Bids as leases of real property to a as applable. pubic entity,may rat he awarded to perform work as a Contracts:, 1.11.2 Cancellation: Failure on the part of the Propaws to supp8e,sub-Carractor,or consultant under a....tat with any cam* with the mndimm, specdiatdns, City of Sunny Isles Beach I Request for Proposal No. 12-10-02 4 CITY OF SUNNY ISLES BEACH 18070.Collins Avenue Sunny Isles.Beach, Florida 33160 a 305.947.0606- o _ f • www.sibfl.net Mfr +tn • • sr Psy-,o,• e 1e ' ' ter° `Sic' et. y Of 51111 P� requirements,and terms as determined by the Cty. Contract or Award. These quantities are for Bid purposes arty and shal be jug cause for cancellation of the Award. vat be used fm tabulation and presentaaar of to Bid. The City 1.1 L3 Dsputes: If any dispute sace'nig a question of tact removes the right to increase or decrease quantities as retired, arises weer the Contract.ether than terminator for even sgnitanty. The prices offered herein and the pate Cage default or cnnvenieste, the Contractor and the City rate of discount apple to other representative tens not kited in department responsible for the admnatration of the this Bid. Contact shal make a poi laid,effort to agave the dispute. If the dispute cannot be resolved by 1.18 GOVERNMENTAL RESTRICTIONS ON MATFRIALSt agreement,then the department wth the advice of the City Attorney shat resolve the*ate and said a In the event any governmental no:balions may be unposed with written copy Of its derision to the Contractor,which would necessitate ateratim of the material quality,workmanship, shall be landing on both parties. or performance of the hens offered as this Bid prix to their delivery,it steal be the responsibility of the wooesshl Proposers to 1.12 AGREEMENT; natty the City at once, ndcatig in thew letter the speak regulation which required an alteration. The Coy of Sunny Isles After the Be award, the OW wit at as option, pepre an Beach reserves the right to accept any such alteration.inckuig Agreement specifying the terms and conditions resulting from the any price adjustments occasse ed thereby, or to cancel at no award of this Bid.The ve dor wig have ten(10)calendar days ate further expense to the City. ratification of the award by the City to execute the Agreennht and Provide the required Performance Bond. 1.19 SAFETY STANDARDS: The Proposes who has the Contract awarded to than and win fads to execute the Agreement and furnish the Performance Band The Proposes warrants that to product(s)staled to the City and Insurance Certihates within the specified tone shall fart et the contains in as respects to to standards set forth in the Bed Security that aceoenpanied their Bid,and the Bid Searty sisal occn,atenal safety and Math act(OSHA) and its air eemems. be retained as&lactated damages by be City.and it is agreed that Bids must be accompanied by a materials data safety sheet(MSOS) this sum is a fair estmate of the anent of damages tat dry wit when apptab e. sustain in arse the Proposes fah to enter into the Copra;are furnish the Bends as herein before provided.Bid Security deposterd 1.20 WARRANTIES; in the form of a cashiers desk drawn on a local bank in good standing shal be subject to the same requirements as a Bid Bad. Successful Proposes shat act as agent for the City in the follow-up The performance of the City of Shiny isles Beads of any of is and cornptame of all tens wade Warranty/Guaranty are complete cSgatons under the agreement shall be abject to and c ntingent at fang for Warranty/Guarantee coverage weer this Contract upon the avaiabity of funds lawfully expendable for the puposes of the agreement fa the curvet and any future periods provided 1.21 COPYRIGHTS/PATENT RIGHTS: for whin the Bid sperificatens. Proposers warrants that there has been no violation of copyrights 1.13 PAYMENTS: or patent rights in manaactwig, producing or seang of goods slipped or ordered,as a result of tis Bid. The stile agrees to Payment wit be node after tonnothessevices have barn ireemiify City from any and al fatuity. lass. or incense received, accepted, and property uwaceil as ieicatel in the occasioned by any such vtllatim. contact and/or purchase order. In sites mug bear the purchase order number. 1.22 LOCAL BUSINESS TAX(OCCUPATIONAL LICENSE REGISTRATION); 1.14 BRAND NAMES; The contractor shal be respornsi:le for obtaining and manamig If a bard name, make, of any 'p equal' manufacturer trade throughout the contact period his or her aty and county local name,or vendor catalog is mentined where or not fgtowed by business tax receipts Each vendor submitting a Bid an this the wards'approved equal'rt is for the purpose of esadishing a Request for Proposal steal include a copy of the company's load grade or quality of material only. Vendor may offer equals with business ax/oropaoaal tenses) with the Bid resrmse For appgprete idert etign, samples, and/or speaf at ns on such niormat on specific to ay of Sunny It Beach local business Re m(s). The City shat be the sole judge concerning the mails of tax/ompat i l licenses,please cal Code Enforcene t&Licensing Item Bid as equaK at(305)792-1705. If the centraap is operating under a ftbt us name as defined in :action 865.059, Rhonda Statutes. prof of 1.15 MATERIAL: current registration with the Florida Secretary of Sate steal be submitted with the Bit. A business famed by an attorney actively Materel(s)delivered to the City under this Bid slat remain the licensed to prat ere lw in the state,by a pawn Mtven licensed property of the stler untl accepts to the satisfaction of the City. by the Departmat of Business and Professional Regulations or the In the aet materials suppled to City are found to be defective or Department or Heath for the purpose of practicing his or her do rot conform to speokatons, the City reeves the rill to tensed profession, Of by any paean partnership, or aria return the product(s)to the seller at the sale's expense commercial a uty tat is actively organized or registered with the Department of State steal saint a copy of the current licensing 1.16 SAMPLES; from the appreviate agency and/or proof of mment active status with the Division of Corporations of the Sate of Florida. Samples of tens, when required, nsa be Punished by the Pmphaes tree of large to to City. Each individual sample must 1.23 _us h .. • 1 I ..• • be labeled with the Proposers name and manufacturers Irani name and deivered by then within ten (10) calendar days of Proposes shal assume the fun duty,ohtgaic,and expense of Proposes receipt of the 'Notre to Proceed', unless sdeluule obtaining all necessary tenses,permits,nspemms,and insurance ishdates a afferent tone If samples are requested subsequent to retired. The Proposes steal be Earle for any damage,or loss to the Bid opening,they shall be delivered withal ten(10)attar tat Oty ocease ned by negligence of the Proposes(or tai sent) days of the request. The ay nil not be responsible for returning or and person the Proposes has dvignated in the(=Oven of samples. thew contract as a result of the Bid. Comrecta shal be required to furnish a copy of at licenses,certificates of mnpeerty or other 1.17 QUANTITY GUARANTY; tensor re uimnents necessary to practice then profession as requred by Florida Sate Sttte,Miami-Dade Catty,and City of No guaranty or warranty is given w implied by the City as to tat Sunny Isles Beath Code. Contractors shat inflate amen Men,- total anent that may or may art be purchased(ran any resulting Dade County Certificates of Canpetety. These doormats shall City of Sunny Isles Beach I Request for Proposal No. 12-10-02 5 CITY OF SUNNY ISLES BEACH = 18070.Collins.Avenue • Sunny Isles Beach, Florida 33160 sd"" 'Ste • • 305.947.0606 °` e \y\ www.sibfl.net C 1„0-5 In • I t a= T se :..lee c C'7}Of Tat Ftt be furnished to the City along with the Bid response Failure to delivery schedules may re ch in the Contractor bag feud in banish these Oxumeas or to have required Emma ,i be default. grounds for rooting the Bid. 1.28 OFFAULT PROVISION: 1.24 CERTIFICATE(SI OF INSURANCE: In case of default by the Proposes,the City of Sunny It Beach Proposes shall tench to the Office of the City aerk,City of Sunny may mouse the articles or service from are source and told Wes Beach, 18070 Coins Avenue, Sunny Isles Beach, Florida the Proposers responsible for any mess costs arcasioed or 33160, certdirate(s) of insurance which ndrate that insurance l curred thereby. coverage has been aloehoed from an insurance company authored to do business in the State of Florida or atterwsse secured in a 1.29 SECOND RY/OTHER VENDORS' manner satisfactory to the City, for apse coverage types and anqums Lust in His document,in an amount equal to 100%of The City reserves the right n the event the primary vendor cannot the regtuanents and shall be presented to the City prior to provide an Aem(s)or senoras)in a timely manna as regquetaL to issuance of any Canbat(s)or Award(s)Document(s). The City of seek other sources vwthait adatfrg the intent of the Conract. Sony It Beach shall be named as "addmnal insured- win respect to this coverage. The required certificates of insurance 1.30 DEFINITIONS; Stan not only name the types of policies provided,but shall also refer speofaRy to this Bid and sabot. At the time of Big Wherever used in these General Cgd4ms or in the other Conn at yt h vn the Proposes must submit cMdicates of i surance as Documents,the blowing tons shall hive the meaning snicked earned in the Goaal Conditions section. Al required insurances which dial be applable to both the singular and plural thereof: shall name the City of Sunny Isles Beach as additional insured and soh insurarce shat be issued by companies auHSted to issue Acceptance: Acceptance by the City of the Work as insurance in the Slate of Florida. It sal be the reporsrtifiy of being fully compete in accordance with the Proposes and insurer to notify the Cry Manage of the City of the Contract [hairnets subject to Sunny It Bench of cancellation,lapse,or material moddration of waive of darns. any insurance pines insuring the Proposes,which relate to the aclivoe of such vendor and the City of Sunny It Beach. Soh Agreement: The written Agreement between the City mbrwbon shall be in wiling,and shat be submitted to the City and the Contractor coverTg the Work to fiance support service diettor thirty (30) days ors to be perfomnel, which akcles the cancan=of such ponces. Tins requirement sal be reflected on Contract Doamencc the certificate of insuame. Failure to fully and satisfactorily carply with the atys insurance and bong requirements sec Addenda: WnHen or Cream ilsbuments issued forth Man will aWprire the City Manager to mamma a prior to the Bid Opwing which nosey resossun of the Bid award without further City Camissun anon. or nterpa the Contract Documents, The Proposes hereby holds the City harmless and agrees to Drawings and Sproshadms, by solemnify City and command not to sue the City by vrtiue of such addtim, deSea ms, dardCatios or resdssrr. (Dame. 1.25 ASSIGNMENT: Approved: Means mooed by the City. The Contractor shall not transfer or assign the performance Bid: The offer of the Proposes submitted on required by No Bid wthout prior whiten consent of the City the prescribed form setting forth the Manager. My award issued pursuant to the Request for Pro osal amp for the Work to be perfornnei. and monies which may be due hereunder are riot assignable except with prior matter approval of the City Manage. Further,in the Proposers: Any peso, firm or ca prone. even that the majority ownership or control of the Contractor submitng a Bid for Work changes hands subsequent to the award of this mhtract. Contractor shall portly notify City in writing (via United States Bonds: Bb, performance ance band and other Postal Service-Certified Mail,Return Receipt Requested)of such instruments of scvsy.furnished by the change inn owneshhp or eontre at least thirty(30)days poor to Contractor and Nor surety in such Change and Choy sal have the right to terminate the contract accordance with the Contract upon spay(60)days mitten notice,at Otys sole disuetat Dccunse is and in accordans with the law of the State of Florida. 1.26 HOLD HARMLESS/INDEMNIFICATION: Change Order: A written order to the Crntract r signed The Contractor shall Memory,hob harmless,and defend the City by the City aW Vnrg an addear of Sunny Isle Beach,res officers,agents and employees from and deletion or revision in the Work,or an aganst any dams, demands or causes of action of whatsoever adpntment in the Cont.at Poe or the OM or nature arising out of emu,oission,neglgei act,conduct. Contract Tune mooed after esecuton of a msmndtct of the Contractor, thee agents, savants or the Agreement. employes in the poviuo of goads or the performance of saviors pursuant to the Bid and/or fan any amusement demon of the City: City of Soy It Batch,13070 Collins ay incluchng without Imitation, awarding the Contract to the Avenue, Sonny It Beach, Fade Cataur. 33160. 1.27 HON-CONFORMANCE TO CONTR ACT; Contact Documents: Carrot Documents sal stale, hnmumpu to Proposes, Contractors The CO of Sunny Isle Beach may withhold acceptance of, or Bb,the Bonds,Hp Note of Award,the rajah Rees whkh are found upon examination,not to meet the Agreement between the City and speob:Mon regiianess. Upon wines narration of relebon, Comm atp as well as any addenda Mars sal be removed within(5)calendar days by the vend,at thereto. these Canal Condoms, their own ayense and reelivered at bier erpense. Rejected Spinal Corkluns, the Tetanal gods left loge Han thirty(30)cedar days we be regarded as Spetinratbn, Drawings and abandoned and the CAy shag have the night to dapme of then as Modifiafee, Nam to Proceed, Ms own property. Rejectors for turd-conformance err fagure to meet Request for Proposal, Insurance Ce tificates. orange Orders and City of Sunny Isles Beach I Request for Proposal No. 12-10-02 6 • CITY OF SUNNY ISLES BEACH 18070 Collins Avenue` Sunny Isles Beach Florida 33160 " sun""sst. i; 305.947.0606 f • y\ wvv.sibfl.net • �. t sP yE v - C ar Carr Di SUN 6a Mbnwledgment of Conformance with the City of Sunny Isles Bach. Written Notice: The term'Notice as used herein shall mean and Include an written aces, Contract Price: The total ninnies payable to the demands,nsbumms,dams,approvals Catactor under the Contract and disapprovars required to Wain Dponnnfs. compliance with Contract reluremets. Written rine shat be deemed to have Contract Time: The number of calendar days state)in been duty sewn if delivered in person the Agreement for the mnnlebon of the to the nimdual or to a member of the Work. firm a to an officer of the castration for whom a is intended, or to an Contacting Max: The individual who is authorized to sign authorized repemtatve or such the contract documents in behar of the mcinduat fen, a caporatin, or If otys goverruig body. dsveel at a net by registered mai to the et laziness adtress known to Contractor: The person, firm or mrporabon with them who grin the notice. grins wham the CAy has exerted this anewise slated m wrong,any race agreement to or dent upon the City rode this Contract shall be deiveel to the Cay. Day: A calendar day of twiny-four hours measured from mantel to the next 1.31 BID AWARD; mpnght The City reserves the right to reject any and al Bps at its sale Fled Order: A written order issued by the City wtskh discretion. Bps shall be awarded by the City after the City denies a interpret the Garbed performs all necessary searches,awes,expbatm,and analysis Docanerts or orders npnr changes n of to Bids. The laid Lai be aware to tie beet responsible the Work. and responsive propose whose Bp best serves the interests of and represent the best value to the Cty es Rnfonm(y with die acee Modification: Modifiatpn means any one of the set forth n Setbn 62-8 of the CAy Code No Notice of Award win fo0owig: (a)a written amendment of be given until the City has concluded any nve igatan(s)as they the Contract Dcuments signed by bah deem necessary to establish the(Maser's apathy to perform parties, (b) a Change Order, (c) a the Services as Oersted n this RFP, ITS, RFQ or FIR, as written danfication or intermertian if substantiated by the required professional experieerta dent issued by the Coy,a(d)a written order references, technical bnowledge and quaificatats;aril sufficient for nvnsr change a aaeatn in the labor and equipment to conety with the City's established Waft issued by the City. A no]Sxatn standards, as well as the martial apedi/y of the Proposer to may only be issued after exec ten of perform the Work in accordance with the Contract Documents to be Agreement tie satisfaction of the City wain the time presaitm. The City reserves the right to reject the Bid of any Proposes on the basis of Notice of Award: The written ate by City to the these queries and env staet s and who does not meet the Ciys apparent successful Proposes Latng • satsfacton,even tough the firm may be the bwest]chars and that upon ongiance with the cents Bid. In analyzing Be, the Gty wi also take into conditions precedent to be futiad by consderaten tier references, past wait expenence and warp hum within the time speifed, City wil product,proven abity to satisfactorily perform.If the Cartrad is execute and deliver the Agreement to awarded, the City wi issue the riche of Award and give the Nm. successful Proposers a Contract for executer, warn ninety(90) days after openhg of Bids-The OR spectra/1y reeves the right Sample: Physical examples which iusirate to award the contract to a proposer who is rot neassariy the materials, equipment or vorionanshp lowest dollars and cents proposes on the basis of the results of and estatesh standards by whir the these queries and nvestgatpn(s). Work wet be judged. 1.32 Gin fRSON OF AGREEMENT; Specifications: Those portions of the Contract Douurents consisting g of written At least four counterparts of the Agreement, the Performance technical desaiptens of materials, Bap,the Certificates of Insurance and sudi tiler Doormats as equipment, manna systems, required by the Contract Doamems smart be executed and standards and wed:mans hip as applied delve ed by Ca,b eta to the City when to(10)calendar days of to the Work receipt of the Nolte of Award. Statement of Service: The form furnished by the City which is 1.33 LAWS AND REGULATIONS; to be used by the Contractor in repuestrg progress payments. The Contractor wi give al roe and candy with al laws, ordinances,rues and re ntatoss appfcabe to the Wok If the Supplier: My person or organization who supplies Contractor observes that the 5 boc are at variance materials a eremite t fa the Walt, therewith,they wi give the City prompt written notice thereof,and inducing that fabricated to a spenal any necessary changes slag be adjusted by an appropriate design,but who does not perform labor modlpabon. If the Cattraea performs any Wak knowing rt to be at the site. contrary to soh laws, ordnance, rules and regaabais, and without such notice to the City, they wi tear all musts arising Work: My and at aft:ems, dues and wherefrom. responsibilities necessary to the successful canileti n of the Project 1.34 TAXES: assigned to a undertaken by Contactor ape the Contract Document, The City of Sunny Isles Bach is exempt from sales tax imposed by including all labor,materials,equipment the State and/or Federal Government Florida Sales Tax Exengton and other mar enab,and the fumistung ND 23-00477131-5C appears an each purchase order. thereof. Exemptn cerl0ates are avalatle upon request tf City of Sunny Isles Beach (Request for Proposal No. 12-10-02 —7 ' CITY OF SUNNY ISLES BEACH • 1 8070 Collins Avenue Sunny Isles Beach Florida 33160 - 5°--- fad, • 305.947.0606- �-`\ www.sibfl.net '! - R�'c n • Slt'r hF � • .ill° 0 rr'k Of WO Fa incorporated in a Change OnIa. If alter temvraten of the 1.35 DUTY TO DEFEND.INDEMNIFY AND SAVE HARMLESS' Corwacta under this Sermn, ¢ is deeritea by a an of In<amsideratian of the hnenY- ( competent ju sdimon for any reason that the Contra/or was not separate sum of five dinars $25.00) in defaut,the rights and obigatias of the Oty and the Cunaacmr and ante valuable cons:keratin,eratio i, the Contractor than defend, shall be the same as if the taneiaton had been issued pursuant to mdendy and hod harmless the Cty, its officers, agents and this document. e'Cbyees, from at on account of any injuries at damages, received or saatred by any person or persons dung or on 1.37.1 Where the Cantacta's services have hem so noun of any operator coached who the Walt dented in nominated by the City said termination shall in the Cana Dapnpnts, or by or in consequence of any affect any rights of the Cry agent the Cmbactor negligence in come:m with the same;or by use of any mpope then easing or which may thereafer accrue. My menials or by or on account at any act or mason of the sad retention or payment of moneys by the Cty due the Cdvacter or his Subfnntrxmr,agents, savants at employees. Contactor wi not release the Contactor from The Cantacta wi defend,uCmnify and had harness the City liabir¢y. and thei agents at employees Fran and against all eaims, damages,bosses and expenses inducing atones'fees arising out 1.37.2 Upn tin(10)days mitten nice to the Contracts, of at resting from the performance of the Wale provided that the Cry may,without cause and wain arejndke to any such dam damage,loss at expense(a)is attbutaae to bodily any other right at remedy, 9ai to terminate the bon,Sickness.disease or death,or to injury to or denctiJn of Agreement. In such case, the Ca:rat a sal be tangible popety later than Work itself)including the toss of use pad fa al Wait executed and accepted by the City restating wherein ash(b)s caused in Mob or in part by any as of the date of the[mmation. No payment shall negligent at at nasal of the Car¢racat,Sub-Contactor,anyone be made for petit for Work whkh has not been dandy or Ymdretly employed by any of then or anyone fa whose performed. acts any of then may be Sable,regardless of whether or not it s caused by a party irdmmnsfed hereunder. In the event that a curt 1.38 MISCELLANEOUS' of competent)asdiction adenines that Sec.725.06(2), F.S.S appioble to this Walt,then in feu of the above prmimn of this Proposes acknowledge the todowing miscdaneotn codtions: echo the parbes agree that Contractor than ideally,deed and hold hatless the City,their officers and enplanes.to the 1.39.1 Whenever any provisi n of the Canna Do°meeus fled extent authorized by Sec 725.06(2) F.S,which statutory require the gram of wren make t shat be parsons stal be deemed to be incorporated herein by reference deemed to have been varsity gisen if delivered in as if fully sat fat teen. In the even that any actin at person to the idiviisal or to a minder of the firm or proceeding is brought against City by reason of any such coin or to an officer of the cantata fa whom it is demand, Camactar, upon written tare from City shall detest intended,at if delivered at ar sent by registered or sub action or proceeding by counsel sabsfeGUy to City. The certified mad, postage pepad,to the last buness idmntiubon prodded above shall agate Catracta N defend address s known to them hop gives the notice at its own expense or to provide fa sch defense.at Cty's open, any and an Gain at hearty and all suss and nos of envy name 1.38.2 The Contract Documents is shat retain the property of and dentin that may be brought against City,excising only the City. The Camacta shat have the ma to keep those which allege that the names arose out of the sae negligence one read set of the Goatee Documents upon at City.which may result On the operation and dames under cannon on o the Project. this Contract whether the Week be performed by Cannata,its SubCootactors,or by anyone directly or inducMy enpvyed by 1.38.3 The dunes and ategabms inposel by these Genoa] ether. Conditions, Special l Oxxibas and Supplemental Cadet cans and the noes and remedies available 1.36 DECISION ON DISAGReeMENTS• hereunder,and, in partnfar but without imtation, the Warranter,guarantees and obbgatons imposed The City wi be the net imerprear of the Tehncal upon Catracor and Nose in the Special Cae6tias Speofistans. and the rights and remedies evabbe to the City, shad be in addition to,and shall in be construed in 1.37 CRY MAY TERMINATE; any way as a imitation of,any rights and flakes avetable by law, by special guarantee at by other If the Contracts is adjudged bankrupt or insofe,t,or if they make provisions of the Contract Doosmeus. a general assignment for the benefit of that credo:es, at if a trustee at sever is appointed fa the Contractor a for any of 1.38.4 Said the City at the Contractor suffer injury or Men property,or d they file a pe ition to take advaaage of any damage to its person a property tense of any debtors act,or to reorganize under bankmptcy or molar aws,at if mar,anissan,at act of the other or of any of deer they repeatedly fads to soppy suffices shed workmen at suitable nays or ageras at ahe s fa whose acts they materials ar a jprnent,or if they repeatedy fel to make mama are egaM dale,rigid staff be made in nag to the payments to Sub{mtractats or for Labor,materials or ejuipnert other party within a reasonable tine of the fist or they disregard laws,ordi ances,rules,regulates or atlas of observance of such in Pry at damage. any pint body having jursdaion. at if they disregard the authority of the Cty,of if they otherwise violate any provision of, 1.39 WAIVER OF JURY TRIAL: the Caoact Documents,then the City may,without prejudice to any ode right at remedy and after givbg the Contractor and der City and Contacts beow'ugly, inanely voWOtaNy and surety ten(10)days warm noire,terminate the saxes of the inteitaady ware any rght ether may have to a dial by jury in Cothran and take possession of the Project and of all materials, Sate or Federal Court proceed g n respect to any non• eminent.coos,construe/ion muimeet and maNiey thereon proceeding, lawsuit or comtadain based upon to Contract owned by the Contractor,and hush the Work by whatever method Documents at the performance of the Work there usher. they may deem anent In such case the Contractor Lad not be entitled to recent any further payment ones the Wok is 1.40 GOVERNING LAW; finished. If the s pad balance of the Contract Price exceeds the duet and banes mss of canpktirg the Pm)at, inking The Contract Lad be construed in a mtdance with and governed compensation fat enamel profess:oaf services,such excess shall by the law of the State of Florida. be pad to the Contaca. If such costs exceed such unpaid tarn,the Contractor wad pay the annexe to the City. Such 1.41 VENUE: ants incurred by the City van be determined by the City and City of Sunny Isles Beach I Request for Proposal No. 12-10-02 R8 ' CITY OF SUNNY ISLES BEACH 18070.Collins Avenue Sunny Isles Beach Florida 33160 - ohs ': 305.947.0606 • www.sibfl.net ri,•\n\ Oe P hC 0 y `„y ' of SUN t- Venue of any aim:to enforce the Contract Documents shall ten City al such books and reacts and aunts, fnaroal or Monk-Dade County,Florida. otherwise,which relate to the Project and to any dam for a pared of three years folovthg final colon of the Project. Dung the 1.42 ARBRRAUON: Prayed and the three year peed folowvg final=Oman of the Project Ox tractor shall povae Oby access to as Eooks and It's the itehton of the parts that whomever possible,if a dispute records upon five days wntten notce. =mntrovesy arises hereunder the,such dispute or • Downy shall be settled by arbtration n accordance with the procedures, 1.44 SEVEMBILny; odes and regulations of the Mahican Ahtitatm Asso ratan The dwimn rendered by the ArGbaDn shall be final and binding upon If any monsoon of the Contrail or the applmlon thereof to any the parties and judgmet upon the award rendered by the prsan or situation shat to any Went, be heti maid or arbitrator may be entered in any court havig Jarsdktm umtMeabe,the remainder of the Contract.and the apatatim Artrcramn shat be held in Miami-Dade County,Florida. MI oasts of of such provisions to persons or situations other than those as to atmratps and attorneys'fees incurred by the parties shat be paid which it shad have been held maid or ucdoceable shall not be by the nonprevaiing party =, if nether party peak on the affected thereby,and shall continue in Mil tree and effect,and be whole,each party shall be rem:mible for a portion of the costs of enforced to the fullest eaten lermtted by law. arbitrator' and tee respearve attorneys' fees as may be deenruhel by the court on confirmation. 1.45 JNDEPENDENI CONTRACT.RI 1.43 PROJECT RECORDS: The Contract=is an idependent Contractor tart the Contract. Services provided by the Contract=sal be by oar—,of the City than have right to inspect and copy during regular business Contractor and subject to supervisun by the Craw our,and not as hours at Ctls expense,the books and records and accounts of officers,enpbyrxs,o agens of the City. Pesmnd prides,cox Contractor whim relate in any way to the Proje t,and to any dam responsibilities, social security and heath muace, employee for aMmrW cmpensaton made by Gaibaxtor,and to conduct an benefits, purdhatrg mfoes and other sander admristretive atoll of the fnaroal and accounmg records of Contact=which procedures, amicable to services redeed under the Contract relate to the Role¢. Contractor shat retain and make available to shall be tour of the Contractor. End of Section City of Sunny Isles Beach I Request for Proposal No. 12-10-02 9 ' CITY OF SUNNY ISLES BEACH * 18070 Collins Avenue Sunny Isles Beach Florida 33160 - of/""= *,,o 305.947.0606 - _ www.sibfl,net tfitg-. • •t` 4� ' •r4)-JI suo Section 2 Special Terms and Conditions 2.1 PURPOSE OF BID: The City of Sunny Isles Beach (the "City") intends to secure the services of a qualified concessionaire to run multiple concessionaire stands throughout the City. It is the intent of this proposal document that all work shall result in compliance with the specifications documents and all regulatory requirements applicable to such service. 2.2 PRE-BID CONFERENCE Intentionally Omitted 2.3 TERM This contract will commence on the first calendar day of the month succeeding approval of the contract by the City Commission, or designee, unless otherwise stipulated in the Notice of Award letter, which is distributed by the City's Purchasing Agent; and contingent upon the completion and submittal of all required proposal documents. This contract shall remain in effect for one (1) year; provided that the services rendered by the Proposer during the contract period are satisfactory. In the event services are scheduled to end because of the expiration of this contract, the contractor shall continue the service upon the request of the City. The extension period shall not extend for more than ninety (90) days beyond the expiration date of the existing contract. The contractor shall be compensated for the service at the rate(s) in effect when the City invokes this extension clause. . 2.4 OPTIONS TO RENEW Prior to, or upon completion, of that initial term, the City shall have the option at its sole discretion to renew this contract for an additional four (4) one year renewals. 2.5 METHOD OF AWARD See section 4 2.6 PRICE If the vendor is awarded a contract under this solicitation, the prices proposed by the proposer shall remain fixed and firm during the term of contract. 2.7 PERFORMANCE BOND Intentionally Omitted City of Sunny Isles Beach I Request for Proposal No. 12-10-02 10 1 - ' CITY OF SUNNY ISLES BEACH 18070-Collins Avenue` Sunny Isles Beach, Florida 33160 - �s :`F `r. ' _ . _ 305.947.0606 _ ,°, ` f wwwsibfl.net r s \7n iOP if .,• o,i_ y4' C, of 5 1IN P''' 2.8 DELIVERY Intentionally Omitted 2.9 INSURANCE Comprehensive General Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: o Premises and Operation o Independent Contractors o Products and/or Completed Operations Hazard o Broad Form Property Damaged 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: o Owned Vehicles; o Hired and Non-Owned Vehicles; o Employers' Non-Ownership. Before starting the Work, the vendor 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 by certified mail. The City shall be named as an additional insured on the above-referenced policies. The vendor agrees that if any part of the Work under the Contract is sublet, they will require the Sub-vendor(s) to carry insurance as required, and that they will require the Sub- vendor(s) to furnish to them insurance certificates similar to those required by the City in this section. 2.9.1 Cancellation and Re-Insurance: City of Sunny Isles Beach I Request for Proposal No. 12-10-02 11 4' ' CITY OF SUNNY ISLES BEACH 18070 Collins Avenue Sunny Isle s Beac , Florida 33150 5 p1.841- Fr 7 305.947.06 06 0/ e www.sib net ^f1 o e • t0 SW "yOF 5)N E� If any insurance should be canceled or changed by the insurance company or should any insurance expire during the period of this contract, the Contractor shall be responsible for securing other acceptable insurance to provide the coverage specified in this section to maintain coverage during the life of this Contract. All deductibles must be declared by the Contractor and must be approved by the City. At the option of the City, either the Contractor shall eliminate or reduce such deductible or the Contractor shall procure a Bond, in a form satisfactory to the City, covering the same. 2.10 MONTHLY PAYMENTS TO THE CITY Cut-off date is the close of the last business day of the month. Proposer shall submit by the 10th day of the following month (due date) vendor's completed Statement of Sales along with the monthly payment as per agreement. Should the 10th fall on a weekend or holiday, Proposer shall submit his payment and Statement of Sales on the next workday. Any payments received after the due date will be considered late and will be subject to late fees as per agreement. 2.11 FEDERAL AND STATE REGULATIONS The successful Proposer shall comply with all federal, state and local rules and regulations regarding food handling, operation of a concession business, and any other laws that would apply to operating a similar type of business. Special attention must be paid to the regulations outlined by the State of Florida, Department of Professional and Business Regulation, Division of Hotels and Restaurants. 2.12 LABOR. MATERIALS, AND EOUIPMENT SHALL BE SUPPLIED BY THE VENDOR Unless otherwise provided in Section 3 of this solicitation the proposer shall furnish all labor, material and equipment necessary for satisfactory contract performance. When not specifically identified in the technical specifications, such materials and equipment shall be of a suitable type and grade for the purpose. All material, workmanship, product, equipment, supplies and personnel shall be subject to the inspection and approval of the City's Project Manager. 2.13 CLEAN-UP All unusable materials and debris shall be removed from the premises at the end of each workday, and disposed of in an appropriate manner. At the end of each day the vendor shall thoroughly clean up all areas where work has been involved as mutually agreed with the associated user department's project manager. 2.14 FEDERAL AND STATE REGULATIONS The successful Proposer shall comply with all federal, state and local rules and regulations regarding food handling, operation of a concession business, and any other laws that would apply to operating a similar type of business. Special attention must be paid to the regulations City of Sunny Isles Beach I Request for Proposal No. 12-10-02 12 • • CITY OF SUNNY ISLES BEACH - 18070 Collins Avenue Sunny Isles Beach, Florida 33160 s° ' - - 305.947.0606 � www.sibfl.net3 \h ' p. �. Of SUN outlined by the State of Florida, Department of Professional and Business Regulation, Division of Hotels and Restaurants. 2.15 SECURITY DEPOSIT The awarded vendor shall deposit and maintain with the City a $450.00 security deposit to the city at least seven calendar days prior to commencing services. END OF SECTION City of Sunny Isles Beach I Request for Proposal No 12-10-02 3 €-4 CITY OF SUNNY ISLES BEACH _ • % r ;_ 18070 Collins Avenue - ° • Sunny Isles Beach Florida 33160 s �<f 305 947.0606 i - - - - www.sibfl.net - �f '�` 35r\n- i • •r Cf"Jr sung�o Section 3 Scope of Services / Technical Specifications 3.1 SCOPE OF SERVICES The successful Proposer shall manage and operate the concessionaire services at the following locations throughout the City. Location I Address Operation Type Pelican Community 18115 North Bay Road Sunny Isles Concession Stand Park I Beach, FL 33160 Heritage Park I 19200 Collins Avenue Sunny Isles Concession Stand Beach, FL 33160 Samson Oceanfront 17425 Collins Avenue Sunny Isles Mobile Concession Cart Park Beach, FL 33160 3.2 PERSONNEL The successful Proposer will be responsible for hiring the necessary personnel to conduct the daily operation of the concession and will comply with all federal, state, and local laws related to minimum wage, social security, nondiscrimination, Americans with Disabilities Act ("ADA'), unemployment compensation, and workers' compensation. State and local regulations regarding food preparation and food handling will also be followed by all employees without exception. Any deficiencies or health code violations as noted by health inspectors will be grounds for immediate termination of the concession contract. If required by the City, employees shall wear a uniform and/or identification badge. The successful Proposer and all personnel employed by them shall be required, at their sole cost and expense, to pass a criminal background check completed by the Sunny Isles Beach Police Department prior to award of the contract, and every renewal term. The criminal background check shall consist of a Florida Department of Law Enforcement ("FDLE") Florida Crime Information Center/National Crime Information Center ("FCIC/NCIC") criminal records check. Any employee not meeting this requirement will not be permitted to work at the concession area at Samson Oceanfront Park or any other City facility. The City shall require that the contractor pass a DCF Clearance Level 2. 3.3 MENU ITEMS The successful Proposer is expected to serve quality food and drinks to meet the needs of the visiting public. Simple menu items should be offered at competitive prices. Alcoholic beverages are not permitted on the premises. Each proposer will be required to include a sample menu of products to be offered with a proposed price list corresponding to each product (One Menu For Each Location The successful Proposer shall comply with all federal, state and local rules and regulations regarding food handling, operation of a concession business, and any other laws that would apply to operating a similar type of business. Special attention must be paid to the regulations City of Sunny Isles Beach I Request for Proposal No. 12-10-02 114 — - CITY OF SUNNY ISLES BEACH• _ .. 18070 Collins Avenue Sunny Isles Beach Florida 33160 . - sewaif r\E! 305.947.0606 ' • ° e • www.sibfl.nel t �`n - . i ''i--a—nor ° ors,of sure �° outlined by the State of Florida, Department of Professional and Business Regulation, Division of Hotels and Restaurants. 3.4 SPECIAL EVENTS Special events at this location (for now) are: monthly weekday evening concert series September through May, annually holiday lighting the first Saturday of December. The City also hosts the occasional beach dean-up from that location. 3.4.1 EVENT SCHEDULES Event schedules will be provided in advance to the award vendor. 3.5 ELECTRICAL OUTLETS Electrical outlets are available for use. 3.5.1 UTILITIES Utilities will be paid by the City. 3.6 PELICAN COOMMUNITY PARK The successful proposer shall manage and operate the concessionaire services at the Pelican Community Park located at 18115 North Bay Road, Sunny Isles Beach, FL 33160, including food services. The concession facility area is approximately 200 sqft of space that faces outside towards the playground area. 1 j- 1, 1 ALE eS az mut • ca_ ' - ',::-.r1r-----liki . L.2- -- - ♦ : -,. City of Sunny Isles Beach I Request for Proposal No 12-10-02 15 - I CITY OF SUNNY ISLES BEACH = 18070 Collins Avenue ., ° Sunny Isles Beach, Florida 33160 0" 305.947.0606 o , www.sibfl net �=ln • h 1 OP 4' err,Jf SUN'aa 3.6.1 CONCESSION AMENITIES The successful proposer will have use and access to the following equipment • Large Industrial Refrigerator/Freezer • Sink • Microwave • Ice Cream Case • Ice Machine Any additional equipment needed by the concessionaire will have to be supplied at the vendors own cost. 3.6.2 TASK The successful proposer will be required to perform the following tasks: • Maintain and operate the concession area in a clean and professional manner to all park patrons. • Provide concession food sales on weekends, including at a minimum hot dogs, soda, water, and popcorn. • Option to provide concession sales on weekday evenings and at certain City special events. 3.6.3 PARK AMENITIES The park amenities are little league baseball field, outdoor playground area, picnic tables, indoor basketball gymnasium, and a 15,000 sqft Community Center, with multipurpose rooms and administrative offices. 3.6.4 PARKING Vendor will be assigned parking as per Employee parking policy, along Atlantic Boulevard or North Bay Road, with assigned permit. 3.6.5 OPERATING HOURS The successful proposer shall operate the concessionaire services during normal operating hours of the Pelican Community Park, which are 8:30am — 9:00pm, from Monday through Saturday, and 8:30am — 5:00pm on Sunday. 3.6.6 SPECIAL EVENTS This venue hosts a variety of activities and events throughout the year: City of Sunny Isles Beach I Request for Proposal No. 12-10-02 16 CITY OF SUNNY ISLES BEACH ? . 18070 Collins Avenue • Sunny Isles'Beach,Florida 33160 ; • - 305.947.0606 _ _ °` — '•' ' - - - - , www.sibfl.net; - 331n' • 1• �i_ 'Co Cary DP iU�Pa 0 • Baseball practice and games in season (January thru May) • Summer Camp during the months of June, July, and August • Halloween (2-day event) in October • Spring Egg Scramble (1-day event) in March/April • General traffic daily after school and on weekends, with recreation programs 3.7 SAMSON OCEANFRONT PARK The successful proposer shall manage and operate the concessionaire services at the Samson Oceanfront Park located at 17425 Collins Avenue, Sunny Isles Beach, FL 33160. 'Iii' r _e r— R„ 3.7.1 CONCESSION AMENITIES Concession must be portable and removed at the end of each workday. 3.7.2 TASK The successful proposer will be required to perform the following tasks: • Maintain and operate the concession area in a clean and professional manner to all park patrons. 3.7.3 PARK AMENITIES The park amenities are large open field, playground, direct beach access, picnic tables under pavilion, restrooms, water fountain, vending machines, lifeguard station, and volleyball on the beach. 3.7.4 PARKING Employee parking is located at the Municipal Lot across the street at 175th Street and Atlantic Boulevard, with assigned permit. City of Sunny Isles Beach /Request for Proposal No. 12-10-02 17 - - - CITY OF SUNNY ISLES BEACH 18070 Collins Avenue Sunny Isles Beach Florida 33160 534"`fatr, _ 305 947.0606 - `;s �'•af www.sibfl.net ---C1-:11:: r F •y 0 5W C'11 at SUN fa 3.7.5 OPERATING HOURS The minimum operating requirements are as follows: Daylight Savings Time, Monday thru Friday, 12pm — 8pm and Saturday thru Sunday, 9am —6pm; Eastern Standard Time, Monday thru Friday 2pm —6pm and Saturday thru Sunday, 9am — 8pm. 3.7.6 SPECIAL EVENTS Special Events at this location (for now) are: bi-monthly weekday evening concert series September through May, and an annual holiday lighting ceremony/event the first Saturday of December. The City also hosts the occasional beach clean-up from that location. 3.8 HERITAGE PARK The successful proposer shall manage and operate the concessionaire services at the Heritage Park located at 19200 Collins Avenue, Sunny Isles Beach, FL 33160. 1.-1,-* .t _ � r r - r Fr,. 1 •: 5Tti, t s; --� 3.8.1 CONCESSION AMENITIES The successful proposer will have use and access to the following equipment City of Sunny Isles Beach I Request for Proposal No. 12-10-02 ;18 CITY OF SUNNY ISLES BEACH • • 18070 Collins Avenue • • Sunny Isles Beach, Florida 33160 eo""""`F 305:947.0606 °� wwwsibll.net + : e.� P , 's Q yW 0 C,4 31, sUN�a • Refrigerator/Freezer • Sink • Ice Machine Any additional equipment needed by the concessionaire will have to be supplied at the vendors own cost. 3.8.2 TASK The successful proposer will be required to perform the following tasks: • Maintain and operate the concession area in a clean and professional manner to all park patrons. • Provide concession food sales on weekends, including at a minimum hot dogs, soda, water, and popcorn. • Option to provide concession sales on weekday evenings and at certain City special events. 3.8.3 PARK AMENITIES The park amenities are outdoor playground area, pavilion with picnic benches, interactive water feature, large open lawn, stage for performances and events, and parking garage. 3.8.4 PARKING Vendor will be assigned parking inside the parking garage, with assigned permit. 3.8.5 OPERATING HOURS The successful proposer shall operate the concessionaire services during normal operating hours of the Heritage Park, which are 7:30am —8:45pm, from Monday through Sunday, with the exception of Thursday, which is 12:00pm — 8:45pm. 3.8.6 SPECIAL EVENTS This venue hosts one special event per month, varying from concerts, to Arts&Crafts fairs, and Farmer's Markets. END OF SECTON City of Sunny Isles Beach I Request for Proposal No. 12-10-02 19, CITY OF SUNNY ISLES BEACH • - 18070 Collins Avenue • Sunny Isles Beach, Florida 33160 ss�""' r\F+ 305.947.0606 0�� www.sibfl.net >l'j■� ono h` ,LOe‘ 51 Cr' Of sus Pao 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 values to the City in conformity with section 62-8 of the City code. 4.2 Qualifications Proposals will be evaluated on the criteria listed below. Technical Qualifications 1. Proposer's relevant experience, qualifications and past performance 2. Relevant experience and qualifications of key personnel, including key personnel of subcontractors that will be assigned to this project and experience and qualifications of subcontractors 3. Proposers approach methodology to providing the services requested in this solicitation 4. Proposed solution functionality, implementation and other objectives and requirements as stated Price 5. Proposer's proposed price 4.2.1 MINIMUM REQUIREMENTS In order to be considered responsive, Proposers shall, at a minimum, demonstrate compliance with the following Pre-Qualification Criteria in their proposal. All requested documentation and/or information shall be provided in the Proposal to confirm that the Proposer has satisfied the Prequalification Criteria in order to be properly evaluated as listed herein. Proposers failing to meet these requirements shall be deemed non responsive. The Proposer shall, at the time of Proposal submittal, time of award, and throughout the duration of the Contract, continue to meet the following Pre-qualification Criteria requirements as stated in the Solicitation Documents. City of Sunny Isles Beach I Request for Proposal No. 12-10-02 ,20 CITY OF SUNNY ISLES BEACH' • 18070 Collins Avenue' Sunny Isles Beach, Florida 33160 • I 305.947.0606 www.s - ibB.net • -11,2 hE, ate• y" C„r OF SON 1a 4.3 Price Evaluation The price proposal will be evaluated subjectively in combination with the technical proposal, including an evaluation of how well it matches Proposers understanding of the City's needs described in this solicitation, the prospers assumptions, and the value of the proposed services. The pricing evaluation is used as part of the evaluation process. 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 designee's discretion, begin negotiations with the next lowest responsible and responsive proposer. This process may continue until a contact 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 BECTON City of Sunny Isles Beach I Request for Proposal No. 12-10-02 21 . • CITY OF SUNNY ISLES BEACH - . 1 B070'Collins Avenue. Sunny Isles Beach, Florida 33160 su"" '\F, 305 947.0606 0 '''f, . • - www.sibfl.net _ Oslo :r /I - _ . - -114 = _ ®io` or suN, 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. 1. Company Information • In response to this Proposal, all Proposers must provide the following: • Name of Agency/Company (including any "Doing Business As" names) • Company Locations • Internet Web Site Address (if any) • Details of Entity Business Structure (Corporation, Partnership, LLC) • Date Founded • Home office address and 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 firm meets or exceeds the requirements of this RFP. • A schedule of proposed services. The schedule should indude the Proposer's understanding of the issues and tasks of the project at hand. • 3. Staffing Relevant experience and qualifications of key personnel, including key personnel of subcontractors, that will be assigned to this project and experience and qualifications of subcontractors City of Sunny Isles Beach I Request for Proposal No 12-10-02 $22 ' CITY OF SUNNY ISLES BEACH _ L - 18070 Collins Avenue - Sunny Isles Beach, Florida 33160 sJNi F. 305.947.0606 ' www.vbFl.net yr\o • • e>!ior SE ••«Oe` 54. 'r or SUN P.a 0 • The size and experience of the company staff pool from which staff assigned to the management contract can be drawn. • The composition of the staff team should indude. • 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. • Experience and qualifications of staff and satisfactory record of performance of staff 4. Approach / Methodology Proposers approach methodology to providing the services requested in this solicitation • Suitability of the methodologies and approaches used in achieving tasks • Overall organization to completing the project • Ability to meet desired timelines and deadlines 5. Cost of Services Each firm shall submit in their price proposal and any pricing conditions or contingencies must be dearly stated. The proposer shall propose either at flat monthly rate or a percentage of sales commission or a combination of the two options. 6. References Each Proposer must submit a list of three (3) references of Current and Past Customers of which they have provided services similar in 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 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. 7. Availability Indicate current and anticipated workloads and availability for other activities and include proximity or frequency to the City for service calls. Identify the extent and nature of any anticipated outside support. 8. Contract Forms All completed contract forms END OF SECTION City of Sunny Isles Beach I Request for Proposal No. 12-10-02 23 CITY OF SUNNY ISLES BEACH . 1 8070 Collins Avenue Sunny Isles Beach, Florida 33160 s,„01-11=2!<,- _ 305.947.0606 /mot"`y www,sibfl.net �! tith n 0 `Or ,'P <' e a ry� �orsuar DELIVER TO: REQUEST FOR PROPOSAL City of Sunny Isles Beach SECTION 6 OPENING: 10:00 A.M. City Clerk BID SUBMITTAL FORMS 18070 Collins Avenue 12/05/2012 Sunny Isles Beach, FL 33160 PLEASE QUOTE PRICES F.O.B. DESTINATION, LESS TAXES, DELIVERED IN CITY OF SUNNY ISLES BEACH, FLORIDA NOTE: City of Sunny Isles Beach is exempt from all taxes (Federal, State, and Local). Bid price should be less all taxes. Tax Exemption Certificate furnished upon request. Issued by: Purchasing Agent Date Issued: This Bid Submittal Consists of 11/01/2012 Pages 24 through 27 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 12-10-02 Citywide Concessionaire Services A Bid Deposit in the amount of 0%of the total amount of the bid shall accompany all bids A Performance Bond in the amount of 00/0 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: Marcanthony Tulloch Commodity Code(s): RETURN ONE ORIGINAL AND FOUR COPIES OF BID SUBMITTAL PAGES AND AFFIDAVITS FAILURE TO SIGN PAGE 27 OF SECTION 7 BID SUBMITTAL WILL RENDER YOUR BID NON- RESPONSIVE City of Sunny Isles Beach I Request for Proposal No. 12-10-02 [24 r -CITY OF SUNNY ISLES BEACH v f = 18070:Collins Avenue- 'Sunny Isles Beach, Florida 33160 _: 305:947.0606 a r www_sibfLn_t -1 ..r f • s . ' _� ; _ ■ Df sU$ a' C�y �a 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 I Request for Proposal No 12-10-02 25 . o CITY OF SUNNY ISLES BEACH 18070 Collins Avenue _ 44,' Sunny Isles Beach Florida 33160 0"" `F 305 947.0606 _ www.sibfl.net tj f l o OF S'It BID SUBMITTAL FORM Bid Title: Citywide Concessionaire Services The undersigned Proposers proposes and agrees, if this Bid is accepted, to enter into an agreement with The City of Sunny Isles Beach in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. The Proposers accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Proposers, 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 Proposers 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 studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions. • 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 not 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 Proposers 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 Proposers or over the City. The City and the successful Proposer will establish completion times for each individual Work Item and the successful Proposer agrees that the work will be completed within the time frames agreed upon and stipulated in the individual Purchase Orders and/or Notice to Proceed. City of Sunny Isles Beach I Request for Proposal No. 12-10-02 I al " CITY OF SUNNY ISLES BEACH tys ah 18070 Collins Avenue • Sunny Isles Beach,Florida 33160 su�";!1<F`• 305.947.0606 ;. www.sibfl.net `O'r " 1 c• 1�' •tC C/A-o sut' Firm Name: Street Address: Mailing Address (if different): Telephone No. Fax No. Email Address: FEIN No. J= * "By signing this document the bidder agrees to all Terms Signature: (Signature of authorized agent) Print Name: Title: THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE PROPOSER TO THE TERMS OF ITS OFFER. City of Sunny Isles Beach I Request for Proposal No. 12-10-02 c t ! • CITY OF SUNNY ISLES BEACH' r n 18070Collins.Avenue ? cg ," Sunny Isles Beach`,Florida-33160 305.947.0606 www.sibfl.net • a of sot P "'ter' 1N Y %S.�Fs Q n * 9 tiF * FLOSt\ c, C/ 7. P OF SUN LO rrt a wE City of Sunny Isles Beach I Request for Proposal No 12-10-02 28 __ a S,NNY r3<fJ NON - COLLUSION AFFIDAVIT City of Sunny Isles Beach 18070 Cdlins Avenue *r J•r i 1' Sunny Isles Beach,FL 33160 0 o, .0 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 tiled 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 ,200_ Personally Known or Produced Identification Type of identification (Affix seal here) NOTARY PUBLIC(name printed or typed) OECEMEER 28.2010 1 of 7 rN♦tj O.f - `; PUBLIC ENTITY CRIMES City of Sunny Isles Beach• / 18070 Cdlins Avenue e•r i o,'s Sunny Isles Beach,FL 33160 o, ,us 'i 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 [pnnt memeuals name and Idle] for Ipnnt name of entity submitting sworn statements 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 nob 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 DECEMBER25,2010 2 of 7 market value under an arm's length agreement, shall be a prime facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 11.5. 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 10/1998 3 of 7 VNNY/,1 0‘./ e EQUAL OPPORTUNITY / AFFIRMATIVE ACTION City of Sunny Isles Beach „°• ° ".o, ,,,,. " 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: DECEMBER 28,2010 4 of 7 CONFLICT OF INTEREST ft •V• City of Sunny Isles Beach•-• - ' 18070 Collins Avenue•o°' Sunny Isles Beach,FL 33160 °'r Telephone:(305)947-0606 Fax:(305)9443113 CONFLICT OF INTEREST STATEMENT The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. Proposers must disclose with their Bids, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of Sunny Isles Beach or its agencies. STATE OF FLORIDA COUNTY OF BEFORE ME, the undersigned authority, personally appeared , who was duly swom, 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: Landscape Maintenance Services. The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his own knowledge. 18.3 The Affiant states that only one submittal for the above Bid is being submitted and that the above named entity has no financial interest in other entities submitting Bids for the same project. 18.4 Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraints of free competitive pricing in connection with the entity's submittal for the above Bid. This statement restricts the discussion of pricing data until the completion of negotiations if necessary and execution of the Contract for this project. 18.5 Neither the entity nor its affiliates, nor any one associated with them, is presently suspended or otherwise ineligible from participation in contract letting by any local, State,or Federal Agency. 18.6 Neither the entity, nor its affiliates, nor any one associated with them have any potential conflict of interest due to any other clients, contracts, or property interests for this project. 18.71 certify that no member of the entity's ownership or management is presently applying for any employee position or actively seeking an elected position with the City of Sunny Isles Beach. 18.81 certify that no member of the entity's ownership or management, or staff has a vested interest in any aspect of the City of Sunny Isles Beach. 18.9 In the event that a conflict of interest is identified in the provision of services, I, on behalf of the above named entity, will immediately notify the City of Sunny Isles Beach. Dated this day of , 2010. AFFIANT Print or Type Name and Title Sworn to and subscribed before me this day of , 2010. O Personally Known OR O Produced Identification ,Type of Identification NOTARY PUBLIC STATE OF FLORIDA OECEM R 20,2010 5 of 7 VNNY S[ O/��fle lit DISPUTE DISCLOSURE City of Sunny Isles Beach - " 18070 Cdlins Avenue ', °;.-71:0,0 t. Sunny Isles Beach,FL 33160 o, w+``.0 Telephone:(305)447-0606 Fax (305)9433113 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 daims, Bid protests, or litigation in the past five (5) years that is related to the services your firm provides in the regular course of business? YES NO If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the monetary amounts of extended contract time involved. I hereby certify that all statements made are true and agree and understand that any misstatement or misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of this Bid for the City of Sunny Isles Beach. Firm Date Authorized Signature Print or Type Name and Title DECEMBER 28,2010 6 of 7 JNNT t, O%`\Frb ANTI - KICKBACK 01i City of Sunny Isles Beach 18070 Collins Avenue '. 1-T70. Sunny Isles Beall,FL 33160 tit o„vs Telephone:(305)447-0606 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 °ECEY:ER 29,2010 7 of 7