HomeMy WebLinkAboutRFP No. 18-03-01 Pier Park Lot Attendant
City of Sunny Isles Beach |Request for Proposals No. 18-03-01 1
Request for Proposals
Services
Pier Park Lot Attendant
Request for Proposals No. 18-03-01
Advertisement Date: Friday, March 9, 2018
Non-Mandatory Pre-Bid Conference: Monday, March 19, 2018 at 11:30 AM
All Questions Due: Friday, March 23, 2018 by 5:00 PM
Submission due date: Monday, April 2, 2018 at 2:30 PM
Anticipated Commission Meeting: April 2018
Submit to:
Attn: City Clerk
Sunny Isles Beach Government Center
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
City of Sunny Isles Beach |Request for Proposals No. 18-03-01 2
TABLE OF CONTENTS
Table of Contents Page 2
Legal Advertisement/Notice to Bidder Page 3
Instructions to Bidder / General Terms Section 1 Page 4
Special Terms & Conditions Section 2 Page 10
Scope of Work / Technical Specifications Section 3 Page 18
Evaluation Process Section 4 Page 21
Proposal Format Section 5 Page 23
Bid Submittal Form Section 6 Page 27
Attachments
Attachment – A Proposed Cost
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 Proposals No. 18-03-01 3
LEGAL ADVERTISEMENT
NOTICE TO BIDDER
NOTICE IS HEREBY GIVEN that the City of Sunny Isles Beach is seeking sealed Bids for the following
work as specified.
Pier Park Lot Attendant
Request for Proposals No. 18-03-01
The Bid Specifications for this Request for Proposals 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 fixed hourly basis. Sealed Bids will be received by the City Clerk no later than 2:30 PM
on Monday, April 2, 2018 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”
Pier Park Lot Attendant Request for Proposals No. 18-03-01
OPENING DATE AND TIME: 2:30 PM on Monday, April 2, 2018
A non-mandatory pre-proposal conference for all potential Proposers is set for Monday, March 19, 2018
at 11:30 AM in the First Floor Conference Room at the City of Sunny Isles Beach Government Center
located at 18070 Collins Avenue, Sunny Isles Beach, Florida 33160. Please bring a copy of this solicitation
to the conference. 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. 18-03-01 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.
Pursuant to Florida Statutes 119.071, sealed bids, proposals or replies by an agency pursuant to a competitive solicitation are
exempt from inspection until such time as the agency provides notice of an intended decision or until thirty (30) days after the
opening of the bids, proposals, or final replies, whichever is earlier.
Mauricio Betancur, CMC, City Clerk
City of Sunny Isles Beach |Request for Proposals No. 18-03-01 4
SECTION 1
INSTRUCTIONS TO BIDDER / GENERAL TERMS AND CONDITIONS
THESE INSTRUCTIONS ARE STANDARD FOR ALL BID COMMODITIES/SERVICES ISSUED BY THE CITY OF SUNNY ISLES BEACH. THE CITY OF SUNNY ISLES BEACH MAY DELETE,
SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR CONTRACT BY INDICATING SUCH CHANGE IN SPECIAL INSTRUCTIONS TO BIDDERS
OR IN THE BID SHEETS. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THE GENERAL CONDITIONS SHALL HAVE PRECEDENCE. BIDDER AGREES THAT THE
PROVISIONS INCLUDED WITHIN THIS BID OR RFP SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY STANDARD FORM CONTRACT OF THE BIDDER
REGARDLESS OF ANY LANGUAGE IN BIDDER’S CONTRACT TO THE CONTRARY.
1.1 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.netor 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, City Clerk, at least
five (5) business days prior to the date of the Bid opening.
Interpretations or clarifications considered necessary by the City will
be issued by addenda and posted/disseminated by DemandStar
(www.demandstar.com) to all parties listed on the official plan
holders’ list as having received the Request for Qualification
documents. Only questions answered by written addenda shall be
binding. Oral interpretations or clarifications shall be without legal
effect. No plea of ignorance or delay or required need of additional
information shall exempt a Respondent from submitting their
submission on the required date and time as publicly noted.
1.2 PLAN HOLDER’S LIST:
As a convenience to vendors, the City of Sunny Isles Beach has made
available via internet lists of all plan holders for each Request for
Proposal, Request for Proposal, and request for qualifications. The
information is available on-line at www.demandstar.com or by calling
the Office of the City Clerk at (305) 792-1703.
1.3 ADDENDA TO SPECIFICATIONS:
If any addenda are issued after the initial specifications are released,
the City will post and disseminate the addenda through DemandStar.
For those projects with separate plans, blue prints, or other materials
that cannot be accessed through the internet, the Office of the City
Clerk will make good faith effort to ensure that all registered
proposers (those who have been registered as receiving a Bid
package) receive the documents. It is the responsibility of the
vendor prior to the submission of any Bid to check the above website
or contact the Office of the City Clerk at (305) 792-1703 to verify any
addenda issued. The receipt of all addenda must be acknowledged
on the Bid Response Sheet.
1.4 SPECIAL ACCOMMODATIONS:
Any person requiring a special accommodation at a Pre-Bid
Conference or Bid/RFP/RFQ opening because of a disability should
call the Office of the City Clerk at (305) 792-1703 at lease five (5)
days prior to the Pre-Bid Conference or Bid/RFP/RFQ opening. If you
are hearing or speech impaired, please contact the Office of the City
Clerk by calling the City of Sunny Isles Beach using the Florida Relay
Service which can be reached at 305.792.1703.
1.5 PUBLIC ENTITY CRIMES STATEMENT:
Pursuant to the provisions of paragraph (2) (a) of section 287.133,
Florida statutes -"a person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime
may not submit a Bid on a contract to provide any goods or services
to a public entity, may not submit a Bid on a contract with a public
entity for the construction or repair of a public building or public
work, may not submit Bids on leases of real property to a public
entity, may not be awarded to perform work as a Contractor,
supplier, sub-Contractor, or consultant under a contract with any
public entity, and may not transact business with any public entity in
excess of the threshold amount provided in section 287.107, for
category two for a period of 36 months from the date of being placed
on the convicted vendor list”.
1.6 BID DEADLINE:
Bids must be submitted no later than the time and date shown within
this document.
1.7 SEALED BID:
The entire Bid Response Package shall be placed in an opaque
envelope (with all items listed on the Bid checklist form and all other
items required within this Request for Proposal must be executed)
and submitted in a sealed envelope.
1.8 BID EXECUTION, SIGNATURES, ERASURE/CORRECTION:
All Bids shall be signed in blue ink. All price quotes shall be typed.
All corrections made by the proposers prior to the opening must be
initialed and dated by the proposers. No changes or corrections will
be allowed after Bids are opened. Bids must contain an original,
manual signature of an authorized representative of the company.
1.9 WITHDRAWAL OF BIDS:
Proposers may withdraw Bids only by written request and shall
forward the withdrawal request via “Certified U.S. Mail – Return
Receipt Requested” prior to the Bid opening time. Negligence on the
part of the Proposers in preparing the Bid confers no right for the
withdrawal of the Bid after it has been opened.
1.10 BID OPENING:
Bids will be opened publicly at the time and place stated in the Notice
to Bidder. It is the responsibility of the proposers to insure that the
Bid reaches the Office of the City Clerk on or before the closing hour
and date stated on the Request for Proposal. After the Bid opening,
the contents of the Bid Form will be made public for the information
of vendors and other interested parties who may be present either
in person or by representative. Bids that are received after the Bid
opening time will not be considered and will not be returned.
1.11 EVALUATION OF BIDS:
The City, at its sole discretion, reserves the right to inspect any/all
Proposers facilities to determine their capability of meeting the
requirements for the Contract. Also, price, responsibility, and
responsiveness of the Proposers, the financial position, experience,
staffing, equipment, materials, references, and past history of
service to the City and/or with other units of state, and/or local
governments in Florida, or comparable private entities, will be taken
into consideration in the Award of the Contract.
1.11.1 Hold Harmless: All Proposer’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 Bid, as
applicable.
1.11.2 Cancellation: Failure on the part of the Proposers 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
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
City of Sunny Isles Beach |Request for Proposals No. 18-03-01 5
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 AGREEMENT:
After the Bid award, the City will, at its option, prepare an Agreement
specifying the terms and conditions resulting from the award of this
Bid. The vendor will have ten (10) calendar days after notification of
the award by the City to execute the Agreement and provide the
required Performance Bond. The Proposer who has the Contract
awarded and fails to execute the Agreement and furnish the
Performance Bond and Insurance Certificates within the specified
time shall forfeit the Bid Security that accompanied their Bid, and the
Bid Security shall be retained as liquidated damages by the City, and
it is agreed that this sum is a fair estimate of the amount of damages
the City will sustain in case the Proposer fails to enter into the
Contract and furnish the Bonds as herein before provided. Bid
Security deposited in the form of a cashier’s check drawn on a local
bank in good standing shall be subject to the same requirements as
a Bid Bond. The performance of the City of Sunny Isles Beach of any
of its obligations under the agreement shall be subject to and
contingent upon the availability of funds lawfully expendable for the
purposes of the agreement for the current and any future periods
provided for within the Bid specifications.
1.13 PAYMENTS:
Payment will be made after commodities/services have been
received, accepted, and properly invoiced as indicated in the contract
and/or purchase order. Invoices must bear the purchase order
number.
1.14 BRAND NAMES:
If a brand name, make, of any "or equal" manufacturer trade name,
or vendor catalog is mentioned whether or not followed by the words
"approved equal" it is for the purpose of establishing a grade or
quality of material only. Vendor may offer equals with appropriate
identification, samples, and/or specifications on such item(s). The
City shall be the sole judge concerning the merits of items Bid as
equals.
1.15 MATERIAL:
Material(s) delivered to the City under this Bid shall remain the
property of the seller until accepted to the satisfaction of the City.
In the event materials supplied to City are found to be defective or
do not conform to specifications, the City reserves the right to return
the product(s) to the seller at the seller’s expense.
1.16 SAMPLES:
Samples of items, when required, must be furnished by the
Proposers free of charge to the City. Each individual sample must
be labeled with the Proposers name and manufacturer's brand name
and delivered by them within ten (10) calendar days of Proposers
receipt of the “Notice to Proceed”, unless schedule indicates a
different time. If samples are requested subsequent to the Bid
opening, they should be delivered within ten (10) calendar days of
the request. The City will not be responsible for returning samples.
1.17 QUANTITY GUARANTY:
No guaranty or warranty is given or implied by the City as to the total
amount that may or may not be purchased from any resulting
Contract or Award. These quantities are for Bid purposes only and
will be used for tabulation and presentation of the Bid. The City
reserves the right to increase or decrease quantities as required,
even significantly. The prices offered herein and the percentage rate
of discount applies to other representative items not listed in this Bid.
1.18 GOVERNMENTAL RESTRICTIONS ON MATERIALS:
In the event any governmental restrictions may be imposed which
would necessitate alteration of the material quality, workmanship, or
performance of the items offered on this Bid prior to their delivery,
it shall be the responsibility of the successful Proposers to notify the
City at once, indicating in their letter the specific regulation which
required an alteration. The City of Sunny Isles Beach reserves the
right to accept any such alteration, including any price adjustments
occasioned thereby, or to cancel at no further expense to the City.
1.19 SAFETY STANDARDS:
The Proposer warrants that the product(s) supplied to the City
conforms in all respects to the standards set forth in the occupational
safety and health act (OSHA) and its amendments. Bids must be
accompanied by a materials data safety sheet (MSDS) when
applicable.
1.20 WARRANTIES:
Successful Proposers shall act as agent for the City in the follow-up
and compliance of all items under Warranty/Guaranty and complete
all forms for Warranty/Guarantee coverage under this Contract.
1.21 COPYRIGHTS/PATENT RIGHTS:
Proposer warrants that there has been no violation of copyrights or
patent rights in manufacturing, producing or selling of goods shipped
or ordered, as a result of this Bid. The Proposer agrees to indemnify
City from any and all liability, loss, or expense occasioned by any
such violation.
1.22 LOCAL BUSINESS TAX (OCCUPATIONAL LICENSE
REGISTRATION):
The Proposer shall be responsible for obtaining and maintaining
throughout the contract period his or her city and county local
business tax receipts. Each Proposer submitting a Bid on this
Request for Proposal shall include a copy of the company’s local
business tax/occupational license(s) with the Bid response. For
information specific to City of Sunny Isles Beach local business
tax/occupational licenses, please call Code Enforcement & Licensing
at (305) 792-1705. If the contractor is operating under a fictitious
name as defined in Section 865.059, Florida Statutes, proof of
current registration with the Florida Secretary of State shall be
submitted with the Bid. A business formed by an attorney actively
licensed to practice law in this state, by a person actively licensed by
the Department of Business and Professional Regulations or the
Department of Health for the purpose of practicing his or her licensed
profession, or by any corporation, partnership, or other commercial
entity that is actively organized or registered with the Department of
State shall submit a copy of the current licensing from the
appropriate agency and/or proof of current active status with the
Division of Corporations of the State of Florida.
1.23 LIABILITY, INSURANCE, PERMITS AND LICENSES:
Proposers shall assume the full duty, obligation, and expense of
obtaining all necessary licenses, permits, inspections, and insurance
required. The Proposers shall be liable for any damages or loss to
the City occasioned by negligence of the Proposers (or their agent)
or any person the Proposers has designated in the completion of
their contract as a result of the Bid. Contractor shall be required to
furnish a copy of all licenses, certificates of competency or other
licensor requirements necessary to practice their profession as
required by Florida State Statute, Miami-Dade County, and City of
Sunny Isles Beach Code. Contractors shall include current Miami-
Dade County Certificates of Competency. These documents shall be
furnished to the City along with the Bid response. Failure to furnish
these documents or to have required licensor will be grounds for
rejecting the Bid.
1.24 CERTIFICATE(S) OF INSURANCE:
Proposers 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
City of Sunny Isles Beach |Request for Proposals No. 18-03-01 6
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 Bid and
section. At the time of Bid submission the Proposers 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 Proposers 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
Proposers, which relate to the activities of such vendor and the City
of Sunny Isles Beach. Such notification shall be in writing, and shall
be submitted to the City finance support service director thirty (30)
days prior to cancellation of such policies. This requirement shall be
reflected on the certificate of insurance. Failure to fully and
satisfactorily comply with the city's insurance and bonding
requirements set forth herein will authorize the City Manager to
implement a rescission of the Bid award without further City
Commission action. The Proposers 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 Contractor shall not transfer or assign the performance required
by this Bid without prior written consent of the City Manager. Any
award issued pursuant to the Request for Proposal 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 Contractor changes hands subsequent to
the award of this contract, Contractor shall promptly notify City in
writing (via United States Postal Service – Certified Mail, Return
Receipt Requested) of such change in ownership or control at least
thirty (30) days prior to such change and City shall have the right to
terminate the contract upon sixty (60) days written notice, at City’s
sole discretion.
1.26 HOLD HARMLESS/INDEMNIFICATION:
The Contractor 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 Bid and / or from any procurement decision of the City including
without limitation, awarding the Contract to the Contractor.
1.27 NON-CONFORMANCE TO CONTRACT:
The City of Sunny Isles Beach may withhold acceptance of, or reject
items which are found upon examination, not to meet the
specification requirements. Upon written notification of rejection,
items shall be removed within (5) calendar days by the vendor at
their own expense and redelivered at their expense. Rejected goods
left longer than thirty (30) calendar days will be regarded as
abandoned and the City shall have the right to dispose of them as
its own property. Rejection for non-conformance or failure to meet
delivery schedules may result in the Contractor being found in
default.
1.28 DEFAULT PROVISION:
In case of default by the Proposers, the City of Sunny Isles Beach
may procure the articles or services from other sources and hold the
Proposers responsible for any excess costs occasioned or incurred
thereby.
1.29 SECONDARY/OTHER VENDORS:
The City reserves the right in the event the primary vendor cannot
provide an item(s) or service(s) in a timely manner as requested, to
seek other sources without violating the intent of the Contract.
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.
Bid: The offer of the Proposers submitted on
the prescribed form setting forth the
prices for the Work to be performed.
Proposers: Any person, firm or corporation
submitting a Bid for 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 Proposers, 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 Proposal, 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.
City of Sunny Isles Beach |Request for Proposals No. 18-03-01 7
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 Proposers 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 who supplies
materials or equipment for the Work,
including that fabricated to a special
design, but who does not perform labor
at the site.
Work: Any and all obligations, duties and
responsibilities necessary to the
successful completion of the Project
assigned to or undertaken by Contractor
under the Contract Documents, including
all labor, materials, equipment and other
incidentals, and the furnishing thereof.
Written Notice: The term “Notice” as used herein shall
mean and include all written notices,
demands, instructions, claims, approvals
and disapproval’s 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 BID AWARD:
The City reserves the right to reject any and all Bids at its sole
discretion. Bids shall be awarded by the City after the City performs
all necessary searches, inquiries, exploration, and analysis of the
Bids. The Bid shall be awarded to the lowest responsible and
responsive proposer whose Bid best serves the interests of and
represents the best value to the City in conformity with the criteria
set forth in Section 62-8 of the City Code. No Notice of Award will
be given until the City has concluded any investigation(s) as they
deem necessary to establish the Proposer’s capability to perform the
Services as described in this RFP, ITB, RFQ or ITQ, 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 Proposer 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 Bid of any
Proposers on the basis of these queries and investigations and who
does not meet the City’s satisfaction, even though the firm may be
the lowest dollars and cents Bid. In analyzing Bids, the City will also
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 Proposers a Contract for execution within ninety (90) days
after opening of Bids. The City specifically reserves the right to award
the contract to a proposer who is not necessarily the lowest dollars
and cents proposers on the basis of the results of these queries and
investigation(s).
1.32 EXECUTION OF AGREEMENT:
At least four counterparts of the Agreement, the Performance Bond,
the Certificates of Insurance and such other Documents as required
by the Contract Documents shall be executed and delivered by
Contractor to the City within ten (10) calendar days of receipt of the
Notice of Award.
1.33 LAWS AND REGULATIONS:
The Contractor will give all notices and comply with all laws,
ordinances, rules and regulations applicable to the Work. If the
Contractor 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 Contractor 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 HOLD HARMLESS:
In consideration of the separate sum of twenty-five dollars ($25.00)
and other valuable consideration, the Contractor shall defend,
indemnify and hold harmless the City, its officers, agents and
employees, from or on account of any injuries or damages, received
or sustained by any person or persons during or on account of any
operations connected with the Work described in the Contract
Documents, or by or in consequence of any negligence in connection
with the same; or by use of any improper materials or by or on
account of any act or omission of the said Contractor or his Sub-
Contractor, agents, servants or employees. The Contractor will
defend, indemnify and hold harmless the City and their agents or
employees from and against all claims, damages, losses and
expenses including attorneys' fees arising out of or resulting from
the performance of the Work, provided that any such claim damage,
loss or expense (a) is attributable to bodily injury, sickness, disease
or death, or to injury to or destruction of tangible property (other
than Work itself) including the loss of use resulting wherefrom and
City of Sunny Isles Beach |Request for Proposals No. 18-03-01 8
(b) is caused in whole or in part by any negligent act or omission of
the Contractor, Sub-Contractor, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may
be liable, regardless of whether or not it is caused by a party
indemnified hereunder. In the event that a court of competent
jurisdiction determines that Sec. 725.06 (2), F.S. is applicable to this
Work, then in lieu of the above provisions of this section the parties
agree that Contractor shall indemnify, defend and hold harmless the
City, their officers and employees, to the fullest extent authorized by
Sec. 725.06 (2) F.S., which statutory provisions shall be deemed to
be incorporated herein by reference as if fully set forth herein. In
the event that any action or proceeding is brought against City by
reason of any such claim or demand, Contractor, upon written notice
from City shall defend such action or proceeding by counsel
satisfactory to City. The indemnification provided above shall
obligate Contractor to defend at its own expense or to provide for
such defense, at City’s option, any and all claims of liability and all
suits and actions of every name and description that may be brought
against City, excluding only those which allege that the injuries arose
out of the sole negligence of City, which may result from the
operations and activities under this Contract whether the Work be
performed by Contractor, its Sub-Contractors, or by anyone directly
or indirectly employed by either.
1.36 DECISIONS ON DISAGREEMENTS:
The City will be the initial interpreter of the Technical Specifications.
1.37 CITY MAY TERMINATE:
If the Contractor is adjudged bankrupt or insolvent, or if they make
a general assignment for the benefit of their creditors, or if a trustee
or receiver is appointed for the Contractor or for any of their
property, or if they file a petition to take advantage of any debtor’s
act, or to reorganize under bankruptcy or similar laws, or if they
repeatedly fails to supply sufficient skilled workmen or suitable
materials or equipment, or if they repeatedly fail to make prompt
payments to Sub-Contractors or for labor, materials or equipment or
they disregard laws, ordinances, rules, regulations or orders of any
public 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 Contractor and the surety ten (10)
days written notice, terminate the services of the Contractor and take
possession of the Project and of all materials, equipment, tools,
construction equipment and machinery thereon owned by the
Contractor, and finish the Work by whatever method they may deem
expedient. In such case the Contractor shall not be entitled to
receive any further payment until the Work is finished. If the unpaid
balance of the Contract Price exceeds the direct and indirect costs of
completing the Project, including compensation for additional
professional services, such excess shall be paid to the Contractor. If
such costs exceed such unpaid balance, the Contractor will pay the
difference to the City. Such costs incurred by the City will be
determined by the City and incorporated in a Change Order. If after
termination of the Contractor under this Section, it is determined by
a court of competent jurisdiction for any reason that the Contractor
was not in default, the rights and obligations of the City and the
Contractor shall be the same as if the termination had been issued
pursuant to this document.
1.37.1 Where the Contractor’s services have been so
terminated by the City said termination shall not affect
any rights of the City against the Contractor then
existing or which may thereafter accrue. Any retention
or payment of moneys by the City due the Contractor
will not release the Contractor from liability.
1.37.2 Upon ten (10) days written notice to the Contractor,
the City may, without cause and without prejudice to
any other right or remedy, elect to terminate the
Agreement. In such case, the Contractor shall be paid
for all Work executed and accepted by the City as of
the date of the termination. No payment shall be made
for profit for Work which has not been performed.
1.38 MISCELLANEOUS:
Proposers acknowledge the following miscellaneous conditions:
1.38.1 Whenever any provision of the Contract Documents
requires the giving of written notice it shall be deemed
to have been validly given if delivered in person to the
individual or to a member of the firm or to an officer of
the corporation for whom it is intended, or if delivered
at or sent by registered or certified mail, postage
prepaid, to the last business address known to them
who gives the notice.
1.38.2 The Contract Documents shall remain the property of
the City. The Contractor shall have the right to keep
one record set of the Contract Documents upon
completion of the Project.
1.38.3 The duties and obligations imposed by these General
Conditions, Special Conditions and Supplemental
Conditions and the rights and remedies available
hereunder, and, in particular but without limitation, the
warranties, guarantees and obligations imposed upon
Contractor and those in the Special Conditions and the
rights and remedies available to the City, shall be in
addition to, and shall not be construed in any way as a
limitation of, any rights and remedies available by law,
by special guarantee or by other provisions of the
Contract Documents.
1.38.4 Should the City or the Contractor suffer injury or
damage to its person or property because of any error,
omission, or act of the other or of any of their
employees or agents or others for whose acts they are
legally liable, claim shall be made in writing to the other
party within a reasonable time of the first observance
of such injury or damage.
1.39 WAIVER OF JURY TRIAL:
City and Contractor knowingly, irrevocably voluntarily and
intentionally waive any right either may have to a trial by jury in
State or Federal Court proceedings in respect to any action,
proceeding, lawsuit or counterclaim based upon the Contract
Documents or the performance of the Work there under.
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 ARBITRATION:
It is the intention of the parties that whenever possible, if a dispute
or controversy arises hereunder then such dispute or controversy
shall be settled by arbitration in accordance with the procedures,
rules and regulations of the American Arbitration Association. The
decision rendered by the Arbitrator shall be final and binding upon
the parties and judgment upon the award rendered by the arbitrator
may be entered in any court having jurisdiction. Arbitration shall be
held in Miami-Dade County, Florida. All costs of arbitration and
attorneys’ fees incurred by the parties shall be paid by the non-
prevailing party or, if neither party prevails on the whole, each party
shall be responsible for a portion of the costs of arbitration and their
respective attorneys’ fees as may be determined by the court on
confirmation.
1.43 PROJECT RECORDS:
City shall have right to inspect and copy during regular business
hours at City’s expense, the books and records and accounts of
Contractor which relate in any way to the Project, and to any claim
for additional compensation made by Contractor, and to conduct an
City of Sunny Isles Beach |Request for Proposals No. 18-03-01 9
audit of the financial and accounting records of Contractor which
relate to the Project. Contractor shall retain and make available to
City all such books and records and accounts, financial or otherwise,
which relate to the Project and to any claim for a period of three
years following final completion of the Project. During the Project
and the three year period following final completion of the Project,
Contractor shall provide City access to its books and records upon
five days written notice.
1.44 SEVERABILITY:
If any provision of the Contract or the application thereof to any
person or situation shall to any extent, be held invalid or
unenforceable, the remainder of the Contract, and the application of
such provisions to persons or situations other than those as to which
it shall have been held invalid or unenforceable shall not be affected
thereby, and shall continue in full force and effect, and be enforced
to the fullest extent permitted by law.
1.45 INDEPENDENT CONTRACTOR:
The Contractor is an independent Contractor under the Contract.
Services provided by the Contractor shall be by employees of the
Contractor and subject to supervision by the Contractor, and not as
officers, employees, or agents of the City. Personnel policies, tax
responsibilities, social security and health insurance, employee
benefits, purchasing policies and other similar administrative
procedures, applicable to services rendered under the Contract shall
be those of the Contractor.
1.47 COPELAND "ANTI-KICKBACK"
Contractor and all subcontractors will comply with the Copeland Anti-
Kickback Act (18 U.S.C. 874) as supplemented in Department of
Labor regulations (29 CFR Part 3).
1.46 DISCRIMINATION
Any entity or affiliate who has been placed on the discriminatory
vendor list may not submit a bid/proposal on a contract to provide
goods or services to a public entity, may not submit a bid/proposal
on a contract with a public entity for construction or repair of a public
building or public work, may not submit bids/proposals on leases of
real property to a public entity, may not award or perform
work as a contractor, supplier, subcontractor, or consultant under
contract with any public entity, and may not transact business with
any public entity
End of Section
City of Sunny Isles Beach |Request for Proposals No. 18-03-01 10
Section 2
Special Terms and Conditions
2.1 PURPOSE OF BID:
The City of Sunny Isles Beach (the “City”) intends to secure the services from qualified
and experienced firms who will provide onsite parking attendant(s) hereinafter referred
to as (the “Contractor”) who will control traffic at the Pier Park parking lot, located at
16501 Collins Avenue, Sunny Isles Beach, FL 33160. It is the intent of this proposal that
all work for this service shall result in compliance with the terms, conditions, and
specifications and all regulatory requirements applicable to such service contained herein.
To be eligible to respond to this Solicitation, the contractor must demonstrate that the
firm has sufficient capabilities, resources, experience and is properly and legally licensed
to perform such work under this solicitation.
2.2 PRE-BID CONFERENCE (NON-MANDATORY):
A non-mandatory meeting will be held on Monday, March 19, 2018 at 11:30 AM, First
Floor Conference Room at the City of Sunny Isles Beach, Government Center located at
18070 Collins Avenue, Sunny Isles Beach, Florida 33160. No claim of ignorance by the
Bidder of conditions that exist, or that may hereinafter exist as a result of failure to make
the necessary examinations or investigations or failure to fulfill in every detail the
requirements of the contract documents, will be accepted as basis for varying the
requirements of the City of Sunny Isles Beach. Oral statements may not be relied upon
and will not be binding or legally effective. As such an addendum will be issued if any
alterations are made to the specifications contained herein.
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 Manager, or designee, unless
otherwise stipulated in the Notice of Award letter. The contract shall be contingent upon
the completion and submittal of all required documents. This contract shall remain in
effect until the completion of services, provided that the services rendered by Firm during
the contract period are satisfactory and that City funding is available as appropriated on
an annual basis. However, in the event funding is not appropriated on an annual basis
during any particular year within the contract period, the contract may be canceled upon
thirty (30) days written notice to Firm. In such an event, the City shall only be responsible
for the reasonable value of services performed prior to the effective date of termination.
City of Sunny Isles Beach |Request for Proposals No. 18-03-01 11
2.4 OPTIONS TO RENEW
The initial contract term shall be for two (2) years. The City, at its sole option, may renew
the contract for three (3) one-year renewal terms subject to vendor acceptance,
satisfactory performance and determination that renewal will be in the best interest of the
City. Exercising the option to renew is at the sole discretion of the City.
2.5 PRICE
Contractor must quote a firm, fixed annual price for all services stated in the RFP. No
increases in fees will be allowed for special events or schedule changes. Proposer should
incorporate any overhead into the hourly rates including, without limitation, all uniform
parts, supplies, telephone, mileage, and other charges. Prior to, or upon completion, of
the initial two 2 year term, the City shall have the option to renew this contract for an
additional three (3) one year renewals, for a maximum of five (5) years. Prior to
completion of each exercised contract term, the City may consider an adjustment to price
based on changes in the following pricing index: Consumer Price Index for Urban
Wage Earners and Clerical Workers (CPI-W): Miami – Fort Lauderdale, FL.
It is the vendor’s responsibility to request any pricing adjustment under this provision
which shall not exceed 3%. For any adjustment to commence on the first day of any
exercised option period, the vendor’s request for adjustment should be submitted 60 days
prior to expiration of the then current contract term. The vendor adjustment request
should not be in excess of the relevant pricing index change. If no adjustment request is
received from the vendor, the City will assume that the vendor has agreed that the
optional term may be exercised without pricing adjustment. Any adjustment request
received after the commencement of a new option period may not be considered.
The City reserves the right to negotiate lower pricing for the additional term(s) based on
market research information or other factors that influence price. The City reserves the
right to apply any reduction in pricing for the additional term(s) based on the downward
movement of the applicable index.
2.6 METHOD OF AWARD
Award may be in the aggregate, or by line Item, or by group, whichever is determined to
be in the best interest of the City. The contract will be awarded to the lowest responsible
and responsive bidder whose bid best serves the interest of and represents the best value
to the City in conformity with the criteria set forth in Section 62-8 of the Code of
Ordinances of the City of Sunny Isles Beach. To be eligible for award of a contract in
response to this solicitation, the Contractor must demonstrate that they have successfully
completed services, as specified in the Technical Specifications / Scope of Services section
of this solicitation, are normally and routinely engaged in performing such services, and
City of Sunny Isles Beach |Request for Proposals No. 18-03-01 12
are properly and legally licensed to perform such work.
2.7 PERFORMANCE BOND AND PAYMENT BOND
Intentionally Omitted
2.8 BID BOND
Intentionally Omitted
2.9 DELIVERY
Definite Delivery
2.10 INSURANCE
2.10.1 Comprehensive General Liability Insurance – One Million Dollars ($1,000,000)
Comprehensive General Liability with primary limits of One Million Dollars
($1,000,000) per occurrence/One Million Dollars ($1,000,000) in the annual
aggregate and an additional Excess Umbrella limit of One Million Dollars
($1,000,000) per occurrence and in the aggregate. 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:
Premises and Ongoing Completed Operations – on a primary and non-
contributory basis including waiver of subrogation on behalf of the City of
Sunny Isles Beach.
Independent Contractors
Products and/or Completed Operations Hazard
Broad Form Property Damage
Broad Form Contractual Coverage applicable to this specific Contract,
including any hold
Harmless and/or indemnification agreement.
Personal Injury Coverage with Employee and Contractual Exclusions
removed, with minimum limits of coverage equal to those required for
Bodily Injury Liability and Property Damage Liability.
Fidelity/Dishonesty Coverage - $100,000 per occurrence
2.10.2 Business Automobile Liability
Intentionally Omitted
City of Sunny Isles Beach |Request for Proposals No. 18-03-01 13
2.10.3 Fidelity/Dishonesty Coverage - $100,000 per occurrence
2.10.4 Worker’s Compensation Insurance
Worker's Compensation Insurance for statutory obligations imposed by Worker's
Compensation or Occupational Disease Laws, including, where applicable, the United
States Longshoremen's and Harbor Worker's Act, the Federal Employers’ Liability Act
and the Homes Act. Employer's Liability Insurance shall be provided with a minimum
of One Million and 00/100 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.
2.10.5 Cancellation and Re-Insurance
If any insurance should be cancelled 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.
2.11 LIQUIDATED DAMAGES
The City shall assess the Contractor two hundred dollars ($200) in liquidated damages per
infraction, or part thereof, if there is a lack of security coverage at the designated site, by
any officer for any reason except “force majeure”, and until such time as a qualified pre-
approved officer arrives on duty. In addition, the City will not be billed for missed hours.
If the security officer were to abandon their post for any reason, this would be grounds
for the City to terminate the contract immediately.
2.12 BACKGROUND CHECKS
The successful Proposer 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. The successful Proposer and
all personnel employed by them shall be required, at their sole cost and expense, to
pass a criminal background check prior to award of the contract. The criminal background
check shall consist of a Florida Department of Law Enforcement (“FDLE”) Florida Crime
City of Sunny Isles Beach |Request for Proposals No. 18-03-01 14
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 FEDERAL AND STATE REGULATIONS
The Contractor shall comply with all applicable federal, state and local rules and
regulations regarding the provision of Services. City and Contractor agree to comply with
and observe all applicable laws, codes and ordinances as that may in any way affect the
goods or service offered, including but not limited to:
A. Executive Order 11246, which prohibits discrimination against any employee, applicant,
or client because of race, creed, color, national origin, sex, or age with regard to, but not
limited to, the following: employment practices, rate of pay or other compensation
methods, and training selection.
B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation.
C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes.
D. Uniform Commercial Code (Florida Statutes, Chapter 672).
E. Americans with Disabilities Act of 1990, as amended.
2.14 TERMINATION FOR CONVENIENCE
This agreement may be terminated immediately by the City without cause upon written
notice to the Contractor. In the event of such a termination without cause, the Contractor
shall be compensated for all services performed to the City’s satisfaction and prior to
termination.
2.15 EVENT OF DEFAULT
An Event of Default shall mean a breach of the Agreement by the Contractor. Without
limiting the generality of the foregoing and in addition to those instances referred to herein
as a breach, an Event of Default, shall include the following:
1. The Contractor has not delivered Deliverables on a timely basis;
2. The Contractor has refused or failed, except in any case for which an extension of
time is provided, to supply enough properly skilled staff personnel;
City of Sunny Isles Beach |Request for Proposals No. 18-03-01 15
3. The Contractor has failed to make prompt payment to subcontractors or suppliers
for any Services;
4. The Contractor has become insolvent (other than as interdicted by the bankruptcy
laws), or has assigned the proceeds received for the benefit of the Contractor's
creditors, or the Contractor has taken advantage of any insolvency statute or
debtor/creditor law or if the Contractor's affairs have been put in the hands of a
receiver;
5. The Contractor has failed to obtain the approval of the City where required by the
Agreement;
2.16 DEBARRED OR SUSPENDED BIDDERS OR PROPOSERS
The bidder or proposer certifies, by submission of a response to this solicitation, that
neither it nor its principals and subcontractors are presently debarred or suspended by
any Federal department or agency.
2.17 USE OF SUB-CONTRACTORS
If one or more subcontractors are to be used, the subcontractor must be clearly identified
and noted in the submittal when it is submitted. The City must approve any changes in
the use of subcontractors in advance and in writing. No such approval will be construed
as making the City a party to such subcontract, or subjecting the City to liability of any
kind to any subcontractor. No subcontractor will under any circumstances relieve the
Respondent of its liability and obligation under any resulting contract. Subcontractor is
subject to the same contractual conditions as is the Respondent. The successful firm shall
be responsible for all payments to any sub-consultants and shall maintain responsibility
for all work related to the Project.
2.18 RELEASE OF LIABILITY
The Contractor shall release and discharge the City of Sunny Isles Beach from any and all
liability for loss of merchandise, goods, equipment or other property of the Contractor or
his agents if lost, damaged, or destroyed by fire, theft, rain, water, storm, riot, civil
disobedience, vandalism, or any other cause(s). The Contractor must provide, and have
sole responsibility for, all security measures, which may be required to protect his
equipment, materials and facilities.
City of Sunny Isles Beach |Request for Proposals No. 18-03-01 16
2.19 NON-EXCLUSIVE CONTRACT
Proposer agrees and understands that the contract shall not be construed as an exclusive
arrangement and further agrees that the City may, at any time, secure similar or identical
services from another vendor at the City’s sole option.
2.20 EXCEPTIONS TO PROPOSAL
The bidder must clearly indicate any exceptions they wish to take to any of the terms in
this Proposal, and outline what, if any, alternative is being offered. All exceptions and
alternatives shall be included and clearly delineated, in writing, in the Proposal. The City,
at its sole and absolute discretion, may accept or reject any or all exceptions and
alternatives. In cases in which exceptions and alternatives are rejected, the City shall
require the Bidder to comply with the particular term and/or condition of the solicitation
to which the Bidder took exception to (as said term and/or condition was originally set
forth on the solicitation.)
2.21 EMERGENCY/DISASTER PERFORMANCE
In the event of a hurricane or other emergency or disaster situation, the successful
vendor may provide the City with the commodities/services defined within the scope of
this formal solicitation at the price contained within vendor's response. Further,
successful vendor shall deliver/perform for the city on a priority basis during such times
of emergency.
2.22 DAMAGE TO PUBLIC OR PRIVATE PROPERTY
Extreme care shall be taken to safeguard all existing facilities, site amenities, irrigation
systems, vehicles, etc. on or around the job site. Damage to public and/or private property
shall be the responsibility of the Contractor and shall be repaired and/or replaced at no
additional cost to the City.
2.23 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
City of Sunny Isles Beach |Request for Proposals No. 18-03-01 17
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 Proposals No. 18-03-01 18
Section 3
Scope of Services / Technical Specifications
3.1 SCOPE OF SERVICES
The City of Sunny Isles Beach (the “City”) intends to secure the services of an onsite
attendant hereinafter referred to as (the “Contractor”) who will control traffic at the Pier
Park parking lot, located at 16501 Collins Avenue, Sunny Isles Beach, FL 33160. It is the
intent of this proposal document that all work for this service shall result in compliance
with the terms, conditions, and specifications and all regulatory requirements applicable
to such service contained herein.
3.2 INTENT
The intent of this request is to have an attendant in the Pier Park parking lot to provide
services as specified in the Scope of Work below.
NOTE: The City will evaluate submittals based on ability to perform scope of
work as well as cost; Bidders may submit base proposals plus add alternates
to provide higher quality of service.
3.3 SCOPE WORK
Hours of Operation: 10 hours per day, typically 9:00 am to 7:00 pm, inclusive of
breaks, an attendant must remain present at lot during the hours stated above. The
City will have the right to adjust slightly as needed with advance notice to the
contractor.
Days: 7 days per week, including federal holidays.
Location: Pier Park Lot, 16501 Collins Avenue, Sunny Isles Beach, FL 33160. This lot
contains a total of 27 regular parking spots, 2 ADA spaces and 2 parking meters.
Contractor shall provide:
1 or more uniformed bilingual attendants with clearly visible name badges to cover
aforementioned hours/days at said location (English and Spanish preferred).
o Prior to commencement of operational services, the Contractor shall submit a
description of the uniforms proposed to be worn by on-site personnel for
Project Manager approval.
Operating supplies for attendants to include a “Lot Full” sign
Hourly rate shall be all inclusive
City of Sunny Isles Beach |Request for Proposals No. 18-03-01 19
Invoice on bimonthly or monthly basis-must be itemized to include hours, days, and
attendants names. Services to be billed on hourly services rendered to City.
Contracted hourly rate if City needs additional attendants for events or special
circumstances
Background checks for attendants
Provide a point of contact (account rep) that can be contacted at all times and has
direct access to attendants on site
Schedule of assigned attendants (on a weekly or biweekly basis)
Attendant(s):
Must be fluent in English and be able to communicate effectively both verbally and in
writing.
Must have at minimum a high school diploma or G.E.D.
Must behave in a professional and respectful manner at all times.
• Shall direct patrons to pay meter
• Shall display “Lot Full” sign when needed, and enforce local and emergency traffic
only when sign is posted. Enforce no deliveries at all times. Communicate any
enforcement issues to the City, working with police and parking enforcement.
• Shall provide Customer Service as it pertains to location (beach hours, lifeguard
information, Pier entrance fees), parking procedures, additional parking options, and
City rules and regulations
• Attendant shall communicate to contract manager within a minimum of 48 hour
notice, if for any reason scope of work cannot be performed, including late arrival of
attendant or if attendant must leave premises prior to designated time
• Shall control traffic coming in/out of lot
Shall be neatly groomed in an approved uniform, with a visible name tag and
properly equipped at all time.
3.4 ADDITIONAL SCOPE OF SERVICES
The City reserves the right to add and/or remove personnel, schedule of hours or
services as deemed in the best interest of the City.
City of Sunny Isles Beach |Request for Proposals No. 18-03-01 20
3.5 PERSONNEL REPLACEMENT
The City shall have the final approval as to which attendant may be assigned to City
facilities. The City reserves the right to request to remove and replace any attendant who,
in the City’s sole discretion, does not meet the City’s professionalism requirements, is not
in compliance with the requirements of this Solicitation, and/or appears incapable of
performing assigned duties.
Any attendant that the City requests to be removed shall be replaced within 48 hours
during the term of the Contract. Attendants reporting to work under the influence of
alcohol or any illegal substance or out of uniform will not be allowed to stay on duty. The
awarded contractor will be responsible for the immediate replacement of the attendant
and shall staff the post until the next scheduled attendant arrives for duty.
END OF SECTION
City of Sunny Isles Beach |Request for Proposals No. 18-03-01 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 sub mitted 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 Code of
Ordinances of the City of Sunny Isles Beach.
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.
Proposers must have, as a prime contractor, a minimum of 5 years of
experience in projects of similar size and scope.
City of Sunny Isles Beach |Request for Proposals No. 18-03-01 22
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 Proposer ’s 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 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 SECTION
City of Sunny Isles Beach |Request for Proposals No. 18-03-01 23
Section 5
Proposal Format
5.0 FORMAT
Submittals shall be submitted in duplicate. Submit one (1) original, four (4) copies and one (1)
electronic copy of the submittal on USB Drive or CD. All required signatures shall be manual, in
blue ink of an authorized representative who has the legal authority to bind the Proposer in
contractual obligations. 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
Proposer must submit a copy of Florida Division of Corporations Sunbiz report
with your company registered as active.
Indicate whether the Respondent or any of its Sub-Consultants is classified as
either a Minority Owned or Woman Owned Business and/or Small Business
Enterprise. Please submit proof of current MWB and/or SBE certification.
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.
Provide a brief introduction letter highlighting the overall experience and
qualifications of the Respondent with respect to the services requested under this
Solicitation. Project list demonstrating this minimum experience and shall include,
at a minimum: the project, date of completion, base contract amount, number and
amount of change orders, if any, the name, address, and phone number of the
owner or owner’s representative familiar with the work. Specifically list any
projects, either complete or underway, that are located in Miami -Dade, Broward
City of Sunny Isles Beach |Request for Proposals No. 18-03-01 24
or Palm Beach, Florida Counties.
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
• The size and experience of the company staff pool from which staff assigned to
the management contract can be drawn
Minimum hiring qualifications
The composition of the staff team that will be assigned to the contract
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
Each Bid must identify the name(s) and address(es) of all Subcontractors, suppliers
and other persons and organizations including those who are to furnish the
principal items of material and equipment. If requested by City after Bid Opening
and before Award, the successful bidder shall submit to City additional detail on
any or all Subcontractors or Suppliers including without limitation, pertinent
information regarding similar projects, and other evidence of qualification for each
such Subcontractor, Supplier, other persons or organization. If City, after due
investigation has reasonable objection to any proposed Subcontractor, Supplier,
other persons or organization, may request the successful Bidder submit an
acceptable substitute without an increase in Bid price.
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
Work plan explaining how they intend on meeting the established deadlines.
Please submit training/safety manuals and/or methodology required by staff
5. References
Each Proposer must submit a list of three (3) references of Current and Past Customers,
preferably government agencies of which they have provided services similar in scope
and size of those described herein. No staff at the City of Sunny Isles Beach staff shall be
listed as a reference.
Each Reference must be supplied on Client’s Letterhead
Each Reference letter must be signed with contact person and phone number.
Local References are preferred.
City of Sunny Isles Beach |Request for Proposals No. 18-03-01 25
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. Corporate Standing and Authorized Signatory
Respondent must demonstrate that the company is in good standing and that the person
signing this submittal is an Authorized Signatory on behalf of the respondent to sign bids,
proposals, negotiate and/or sign contracts, agreements, amendments and related
documents to which the respondent will be duly bound. The respondent must provide a
copy of the State Certificate of good standing listing the officers of the company. If the
signatory is not one of the officers listed on the State Certificate, the respondent must
provide one of the following forms of evidence of Signatory Authority with its response:
a. A copy of firm’s Articles of Incorporation listing the approved signatories of the corporation;
b. A copy of a resolution listing the members of staff as authorized signatories for the firm;
and
c. A letter from a corporate officer listing the members of staff that are authorized signatories
for the firm.
7. Litigation History
Consultant shall provide a summary of any litigation or arbitration that the CONSULTANT,
its parent company or its subsidiaries have been engaged in or are currently engaged in,
during the past five (5) years against or involving (1) any public entity in Florida for any
amount (2) any private entity for an amount greater than $100,000. The summary shall
state the nature of the litigation or arbitration, a brief description of the case, the outcome
or projected outcome, and the monetary amounts involved. The CITY may disqualify any
CONSULTANT it determines to be excessively litigious.
8. Forms and Attachments
Enclosed Forms;
Respondent must complete, sign as required, and submit the Addenda and all forms in the
following Section 6 as part of its submittal;
Firm’s Current Certificate(s) of Insurance; and
Respondent shall download required electronic forms on the City’s page for this
procurement item and/or on DemandStar.com
END OF SECTION
City of Sunny Isles Beach |Request for Proposals No. 18-03-01 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.
04/02/2018
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
Genesis Cuevas
Date Issued:
03/9/2018
This Bid Submittal Consists of
Pages 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 18-03-01
Pier Park Lot Attendant
Procurement Agent: Firm Name:
Genesis Cuevas
________________________________________
Commodity Code(s):
Submit one (1) original, four (4) copies and one (1) electronic copy
of the submittal on USB Drive or CD.
FAILURE TO SIGN PAGE 29 OF SECTION 6 BID SUBMITTAL WILL RENDER YOUR BID NON-
RESPONSIVE
City of Sunny Isles Beach |Request for Proposals No. 18-03-01 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
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 Proposals No. 18-03-01 28
BID SUBMITTAL FORM
Pier Park Lot Attendant
The undersigned Proposer proposes and agrees, if this Bid is accepted, to enter into an agreement with
the City of Sunny Isles Beach to perform and furnish all Work as specified or indicated in the Contract
Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with
the other terms and conditions of the Contract Documents.
The Proposer accepts all of the terms and conditions of the Advertisement or 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 |Request for Proposals No. 18-03-01 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 stated herein:
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 Proposals No. 18-03-01 30
Attachment A
Price Proposal Form
Submit an all-inclusive cost statement, the prices listed below shall include the total cost to
complete services including but not limited to materials, labor, insurances, etc., as necessary
to ensure proper delivery of Services as requested by the City of Sunny Isles Beach. Services
will be billed on hourly services rendered to City. Prices must be typed.
Description: Fixed Hourly Rate:
10 hours per day
(Typically 9:00 am to 7:00 pm)
$
Authorized Signatory: ____________________________________________________
Executed by: ____________________________________________________________
(Type or print name)
Title: __________________________________________________________________
For (Company)
Address: _______________________________________________________________
Telephone Number: ____________________Fax Number: ______________________
Email: _________________________________________________________________
City of Sunny Isles Beach |Request for Proposals No. 18-03-01 31
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)
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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
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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 ________________________________
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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