LTC 046-2020 Request for Proposals (RFP) 2020-109-WG, Food and Beverage Operator at the Carl Fisher ClubhouseM IA M I BEACH
OFFICE OF THF CITY MAN AGER
LTC # 046-2020 LETTER TO COM M ISSION
TO: Mayor Dan Gelber and Members of he City
FROM: Jimmy L. Morales, City Manager
DATE: January 27, 2020
SUBJECT: Request for Proposals (RFP) 2020- 09-WG, Food and Beverage Operator at the Carl
Fisher Clubhouse
The purpose of this L TC is to update the Mayor and City Commission on the status of the solicitation
for food and beverage operator (restaurant venue) at the Carl Fisher Clubhouse.
At its January 15, 2020, Commission meeting, the Mayor and Commission directed the City
Administration to issue a Request for Letters of Interest (RFLI) for a food and beverage operator
(restaurant venue) at the Carl Fisher Clubhouse. After further consideration, the Administration
believes that a Request for Proposals (RFP) is in the City's best interest in order to better assess the
qualifications, methodology, and financial factors associated with this project and avoid the
possibility of any future award requiring a bid waiver. Accordingly, RFP 2020-109-WG for Food and
Beverage Operator (Restaurant Venue) at the Carl Fisher Clubhouse is attached hereto for the
City's Commission consideration.
It is anticipated that this revision will not impact the timeline to bring an award recommendation to
the City Commission by the March 11, 2020, meeting. I would appreciate any comments and/or
suggestions you may have by January 29, 2020.
ATTACHMENTS
Attachment A: RFP 2020-109-W G, for Food and Beverage Operator at the Carl Fisher Clubhouse.
RE Q U EST FO R PR O PO SA LS (R FP )
2020-109-WG
FOOD AND BEVERAGE OPERATOR (RESTAURANT VENUE) AT CARL FISHER CLUBHOUSE
RFP ISSUANCE DATE: JANUARY 28, 2020
PROPOSALS DUE: FEBRUARY 25, 2020@ 3:00 PM EST
ISSUED BY:
MIAMI BEACH
W ILLIAM GARVISO, PROCUREMENT CONTRACTING OFFICER II
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3" Floor, Miami Beach, FL 33139
305.673.7000 x 26650 I WilliamGarviso@miamibeachfl.gov I www.miamibeachfl.gov
M IA M I BEACH
TABLE OF CONTENTS
SOLICITATION SECTIONS: PAGE
0100 INSTRUCTIONS TO RESPONDENTS .- 3
0200 GENERAL CONDITIONS 6
0300 PROPOSAL SUBMITTAL INSTRUCTIONS & FORMA T.. 9
0400 PROPOSAL EVALUATION 12
APPENDICES:
APPENDIX A
APPENDIX B
EXHIBIT A
PAGE
PROPOSAL CERTIFICATION and QUESTIONNAIRE 14
"NO PROPOSAL" FORM 19
PLANS AND SPECIFICATIONS 21
RFP 2020- 109-W G 2
MIAMI BEACH
SECTION 0100 INSTRUCTIONS TO RESPONDENTS
1. GENERAL. This Request for Proposals (RFP) is issued by the City of Miami Beach, Florida (the "City"), as the means for
interested parties (hereinafter referred to interchangeably as "interested parties," "bidders" or "proposers") to submit proposals
for the City's consideration in evaluating qualifications and proposed scope to select a firm with whom it may negotiate an
agreement for the purpose noted herein.
Bidders that have obtained this solicitation in any manner other than via Bidsync (www.Bidsync.com) are advised that the City
utilizes Bidsync (wywy.Bidsync.com) for automatic notification of competitive solicitation opportunities and document fulfillment,
including the issuance of any addendum to this RFP. Any Prospective Proposer who has received this RFP by any means
other than through Bidsync must register immediately with Bidsync to assure it receives any addendum issued to this RFP.
Failure to receive an addendum may result in disqualification of proposal submitted.
2. BACKGROUND. The Collins Canal Park and Convention Center campus are becoming a center of action with people from
the neighborhood, business travelers, and tourists gathering for conventions and relaxation. Residents are becoming loyal
visitors, coming to the newly renovated area daily to view the $7 .1 million-dollar collection of public art and enjoy the renovated
public space. With the anticipated completion of renovations to the historic Carl Fisher Clubhouse (two facilities: the main
clubhouse and the Annex) located in Collins Canal Park (adjacent to the Miami Beach Convention Center ("MBCC") on the
North side), the right vision and food and beverage concept that embraces the historic importance of the park and the Carl
Fisher Clubhouse has the potential to thrive as both a neighborhood favorite and a casual destination hotspot. The venue is
well-suited for business lunches, dinners, afternoon snacks, weekend brunches, cocktails, and a host of special events.
The Carl Fisher Clubhouse will serve the thriving Civic Center/MBCC and South Beach business and residential neighborhoods
and attract a diverse clientele which values quality and innovative food experiences.
3. PURPOSE. The City is seeking proposals from experienced restaurateurs to provide the food and beverage services
operation and management of a high quality, yet casual, canal/park destination restaurant. Proposals are encouraged to
include innovative concepts that will attract neighborhood residents, areas visitors and tourists. It is situated directly north of the
MBCC which is host to Art Basel, Super Bowl, and a long list of other annual events, professional organizations, associations,
conferences and conventions, as well as the Fillmore Theater which is host to international entertainment.
Through this RFP, the City's primary goal is to ensure continuity of operations in the overall Miami Beach Convention Center
campus. Accordingly, the awarded vendor will have to collaboratively work with the MBCC management, which could involve
ensuring full access to the Carl Fisher Clubhouse space for large conventions. It is the intent of the City to see this space
activated at all times and to become an integral part of the overall Convention Center campus, which will include, but not be
limited to weekly meetings with Convention Center management to ensure smooth operations across the entire campus
(maintenance, parking, traffic patterns, programming, other full campus initiatives). The Carl Fisher Clubhouse venue is an
integral part and extension of the Convention Center specifically with respect to booking events in all venues on the campus,
while utilizing this space as additional sales revenue from incoming conventions and event producers.
Prior to submitting its offer it is advisable that the vendor visit the site of the proposed work and become familiar with any
conditions which may in any manner affect the work to be done or affect the equipment, materials and labor required under the
contract.
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RFP 2020-109-G
MIAMI BEACH
3. ANTICIPATED RFP TIMETABLE. The tentative schedule for this solicitation is as follows·
RFP Issued January 28, 2020
Pre-Proposal Site Visit February 5, 2020 @ 1 :30PM EST
Pre-Proposal Meeting February 5, 2020 @ 2:45PM EST
Deadline for Receipt of Questions February 17, 2020 @5:00PM EST
Responses Due February 25, 2020 @ 3:00PM EST
Evaluation Committee Review March 5, 2020
Proposer Presentations TBD (If Applicable)
Tentative Commission Approval Authorizing Negotiations March 11, 2020
Contract Negotiations Following Commission Approval
4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the
Procurement Contact noted below:
Procurement Contact:
William Garviso, CPPB
. . . . .
) 6 []]] iii @) [] (ol@), r i-Fa (ii
dditionally, the City Clerk is to be copied on all communications via e-mail at: RafaelGranado miamibeachfl. ov; or via
acsimile: 786-394-4188.
The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no
later than ten (10) calendar days prior to the date proposals are due as scheduled in Section 0200-3. AII responses to
questions/clarifications will be sent to all prospective Proposers in the form of an addendum.
5. PRE-PROPOSAL MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-proposal meeting or site
visit(s) may be scheduled.
A recommended site visit will be conducted February 5, 2020 @ 1 :30 PM EST at the Carl Fisher Clubhouse property, located
at 2100 Washington Avenue, Miami Beach, FL 33139 (adjacent to the Miami Beach Convention Center (MBCC") on the North
side).
A Pre-PROPOSAL conference will be held following the site visit as scheduled in Anticipated RFP Timetable section above at
the following address:
City of Miami Beach
Procurement Department
Conference Room
1755 Meridian Avenue, 3d Floor
Miami Beach, Florida 33139
Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory.
Proposers interested in participating in the Pre-Proposal Submission Meeting via telephone must follow these steps:
(1) Dial the TELEPHONE NUMBER: 1- 888-270-9936 (Toll-free North America)
(2) Enter the MEETING NUMBER: 9415468
Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this RFP
expressing their intent to participate via telephone.
RFP 2020-109-G 4
MIAMI BEACH
6. PRE-PROPOSAL INTERPRETATIONS. Oral information or responses to questions received by prospective Proposers are
not binding on the City and will be without legal effect, including any information received at pre-submittal meeting or site
visit(s). The City by means of Addenda will issue interpretations or written addenda clarifications considered necessary by the
City in response to questions. Only questions answered by written addenda will be binding and may supersede terms noted in
this solicitation. Addendum will be released through Bídsync. Any prospective proposer who has received this RFP by any
means other than through Bídsync must register immediately with Bídsync to assure it receives any addendum issued to this
RFP. Failure to receive an addendum may result in disqualification of proposal. Written questions should be received no later
than the date outlined in the Anticipated RFP Timetable section.
7. CONE OF SILENCE. This RFP is subject to, and all proposers are expected to be or become familiar with, the City's Cone
of Silence Requirements, as codified in Section 2-486 of the City Code. Proposers shall be solely responsible for ensuring that
all applicable provisions of the City's Cone of Silence are complied with, and shall be subject to any and all sanctions, as
prescribed therein, including rendering their response voidable, in the event of such non-compliance. Communications
regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk
at rafaelgranado@miamibeachfl.gov
8. ADDITIONAL INFORMATION OR CLARIFICATION. After proposal submittal, the City reserves the right to require
additional information from Proposers (or Proposer team members or sub-consultants) to determine: qualifications (including,
but not limited to, litigation history, regulatory action, or additional references); and financial capability (including, but not limited
to, annual reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal years).
9. PROPOSER'S RESPONSIBILITY. Before submitting a response, each Proposer shall be solely responsible for making any
and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions and requirements
affecting the full performance of the contract. Ignorance of such conditions and requirements, and/or failure to make such
evaluations, investigations, and examinations, will not relieve the Proposer from any obligation to comply with every detail and
with all provisions and requirements of the contract, and will not be accepted as a basis for any subsequent claim whatsoever
for any monetary consideration on the part of the Proposer.
10. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City Code Section 2-374, the City shall give a
preference to a responsive and responsible Proposer which is a small business concern owned and controlled by a veteran(s)
or which is a service-disabled veteran business enterprise, and which is within five percent (5%) of the lowest responsive,
responsible proposer, by providing such proposer an opportunity of providing said goods or contractual services for the lowest
responsive proposal amount (or in this RFP, the highest proposal amount).
11. DETERMINATION OF AWARD. The final ranking results of Phase 11 evaluation process will be considered by the City
Manager who may recommend to the City Commission the Proposer(s) s/he deems to be in the best interest of the City or may
recommend rejection of all proposals. The City Manager's recommendation need not be consistent with the scoring results
identified herein and takes into consideration Miami Beach City Code Section 2-369, including the following considerations:
(1) The ability, capacity and skill of the Proposer to perform the contract.
(2) Whether the Proposer can perform the contract within the time specified, without delay or interference.
(3) The character, integrity, reputation, judgment, experience and efficiency of the Proposer.
(4) The quality of performance of previous contracts.
(5) The previous and existing compliance by the Proposer with laws and ordinances relating to the contract.
The City Commission shall consider the City Manager's recommendation and may approve such recommendation. The City
Commission may also, at its option, reject the City Manager's recommendation and select another Proposal or Proposals which
it deems to be in the best interest of the City, or it may also reject all Proposals.
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SECTION 0200 GENERAL CONDITIONS
1. GENERAL DISCLAIMERS.
a. The solicitation referenced herein is being furnished to the recipient by the
City of Miami Beach (the "City") for the recipient's convenience. Any action
taken by the City in response to Proposals made pursuant to this solicitation,
or in making any award, or in failing or refusing to make any award pursuant
to such Proposals, or in cancelling awards, or in withdrawing or cancelling
this solicitation, either before or after issuance of an award, shall be without
any liability or obligation on the part of the City. In its sole discretion, the City
may withdraw the solicitation either before or after receiving proposals, may
accept or reject proposals, and may accept proposals which deviate from the
solicitation, as it deems appropriate and in its best interest. In its sole
discretion, the City may determine the qualifications and acceptability of any
party or parties submitting Proposals in response to this solicitation.
b. The information contained herein is provided solely for the convenience of
prospective Proposers. It is the responsibility of the recipient to assure itself
that information contained herein is accurate and complete. The City does
not provide any assurances as to the accuracy of any information in this
solicitation. Any reliance on these contents, or on any permitted
communications with City officials, shall be at the recipient's own risk.
Proposers should rely exclusively on their own investigations, interpretations,
and analyses. The solicitation is being provided by the City without any
warranty or representation, express or implied, as to its content, its accuracy,
or its completeness. No warranty or representation is made by the City or its
agents that any Proposal conforming to these requirements will be selected
for consideration, negotiation, or approval.
c. Bidders are hereby advised that this solicitation is subject to the following
ordinances/resolutions, which may be found on the City Of Miami Beach
website: http://web.miamibeachfl.gov/procurement/scroll.aspx?id= 79113
•CONE OF SILENCE -SECTION 2-486
•PROTEST PROCEDURES -CODE SECTION 2-371
•DEBARMENT PROCEEDINGS -SECTIONS 2-397 THROUGH 2-485.3
•LOBBYIST REGISTRATION AND DISCLOSURE OF FEES - SECTIONS 2-
481 THROUGH 2-406
•CAMPAIGN CONTRIBUTIONS BY VENDORS - SECTION 2-487
•CAMPAIGN CONTRIBUTIONS - SECTION 2-488
•EQUAL BENEFITS FOR DOMESTIC PARTNERS - SECTION 2-373
•LIVING WAGE REQUIREMENT - SECTIONS 2-407 THROUGH 2-410
•FALSE CLAIMS ORDINANCE -- SECTION 70-300
•ACCEPTANCE OF GIFTS, FAVORS & SERVICES - SECTION 2-449
2. PUBLIC ENTITY CRIME. A person or affiliate who has been placed on the
convicted vendor list following a conviction for public entity crimes may not
submit a proposal on a contract to provide any goods or services to a public
entity, may not submit a proposal on a contract with a public entity for the
construction or repair of a public building or public work, may not submit a
proposal on leases of real property to public entity, may not be awarded or
perform work as a contractor, supplier, sub-contractor, or consultant under a
contract with a public entity, and may not transact business with any public
entity in excess of the threshold amount provided in Sec. 287.017, for
CATEGORY TWO for a period of 36 months from the date of being placed on
the convicted vendor list.
3. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS. This RFP is subject
to, and all Proposers are expected to be or become familiar with, all City
lobbyist laws. Proposers shall be solely responsible for ensuring that all City
lobbyist laws are complied with, and shall be subject to any and all sanctions,
as prescribed therein, including, without limitation, disqualification of their
responses, in the event of such non-compliance.
4. DEBARMENT ORDINANCE: This RFP is subject to, and all proposers are
expected to be or become familiar with, the City's Debarment Ordinance as
codified in Sections 2-397 through 2-406 of the City Code.
5. COMPLIANCE WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS.
This RFP is subject to, and all Proposers are expected to be or become familiar
with, the City's Campaign Finance Reform laws, as codified in Sections 2-487
through 2-490 of the City Code. Proposers shall be solely responsible for
ensuring that all applicable provisions of the City's Campaign Finance Reform
laws are complied with, and shall be subject to any and all sanctions, as
prescribed therein, including disqualification of their responses, in the event of
such non-compliance.
6. CODE OF BUSINESS ETHICS. Pursuant to City Resolution No.2000-37379,
the Proposer shall adopt a Code of Business Ethics ("Code") and submit that
Code to the Procurement Division with its response or within five (5) days upon
receipt of request. The Code shall, at a minimum, require the Proposer, to
comply with all applicable governmental rules and regulations including, among
others, the conflict of interest, lobbying and ethics provision of the City of Miami
Beach and Miami Dade County.
7. AMERICANS WITH DISABILITIES ACT (ADA). Call 305-673-7490 to
request material in accessible format; sign language interpreters (five (5) days
in advance when possible), or information on access for persons with
disabilities. For more information on ADA compliance, please call the Public
Works Department, at 305-673- 7000, Extension 2984.
8. POSTPONEMENT OF DUE DATE FOR RECEIPT OF PROPOSALS. The
City reserves the right to postpone the deadline for submittal of proposals and
will make a reasonable effort to give at least three (3) calendar days written
notice of any such postponement to all prospective Proposers through Bidsync.
9. PROTESTS. Proposers that are not selected may protest any
recommendation for selection of award in accordance with the proceedings
established pursuant to the City's bid protest procedures, as codified in
Sections 2-370 and 2-371 of the City Code (the City's Bid Protest Ordinance).
Protest not timely made pursuant to the requirements of the City's Bid Protest
Ordinance shall be barred.
10. JOINT VENTURES/ SINGLE PURPOSE ENTITY. Joint Ventures are not
allowed. Proposals shall be submitted only by the prime contractor. Proposals
may, however, identify other sub-contractors or sub-consultants to the prime
Proposer who may serve as team members.
11. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City
Code Section 2-374, the City shall give a preference to a responsive and
responsible Proposer which is a small business concern owned and controlled
by a veteran(s) or which is a service-disabled veteran business enterprise, and
which is within five percent (5%) of the lowest responsive, responsible
proposer, by providing such proposer an opportunity of providing said goods or
contractual services for the lowest responsive proposal amount (or in this RFP,
the highest proposal amount). Whenever, as a result of the foregoing
preference, the adjusted prices of two (2) or more proposers which are a small
business concern owned and controlled by a veteran(s) or a service-disabled
veteran business enterprise constitute the lowest proposal pursuant to an RFP
or oral or written request for quotation, and such proposals are responsive,
responsible and otherwise equal with respect to quality and service, then the
award shall be made to the service-disabled veteran business enterprise.
12. AGREEMENT BY BIDDERS. Any individual that submits a proposal in
response to this solicitation agrees to the following. Any action taken by the City
in response to Proposals made pursuant to this solicitation, or in making any
award, or in failing or refusing to make any award pursuant to such Proposals,
or in cancelling awards, or in withdrawing or cancelling this solicitation, either
before or after issuance of an award, shall be without any liability or obligation
on the part of the City.
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The City may, at its sole and absolute discretion, reject any and all, or parts of
any and all, responses; re-advertise this RFP; postpone or cancel, at any time,
this RFP process; or waive any irregularities in this RFP, or in any responses
received as a result of this RFP.
Reasonable efforts will be made to either award the proposer the contract or
reject all proposals within one-hundred twenty (120) calendar days after
proposal opening date. In accordance with Section 47 below, a Proposer may
withdraw its proposal after expiration of one hundred twenty (120) calendar
days from the date of proposal opening, by delivering written notice of
withdrawal to the Procurement Department.
13. COSTS INCURRED BY PROPOSERS. All expenses involved with the
preparation and submission of Proposals, or any work performed in connection
therewith, shall be the sole responsibility (and shall be at the sole cost and
expense) of the Proposer, and shall not be reimbursed by the City.
14. RELATIONSHIP TO THE CITY. It is the intent of the City, and Proposers
hereby acknowledge and agree, that the successful Proposer is considered to
be an independent contractor, and that neither the Proposer, nor the Proposer's
employees, agents, and/or contractors, shall, under any circumstances, be
considered employees or agents of the City.
15. OCCUPATIONAL HEALTH AND SAFETY. In compliance with Chapter
442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the
Florida Administrative Code delivered as a result of this proposal must be
accompanied by a Material Safety Data Sheet (MSDS) which may be obtained
from the manufacturer.
16. ENVIRONMENTAL REGULATIONS. The City reserves the right to
consider a Proposer's history of citations and/or violations of environmental
regulations in investigating a Proposer's responsibility, and further reserves the
right to declare a Proposer not responsible if the history of violations warrants
such determination in the opinion of the City. Proposer shall submit with its
proposal, a complete history of all citations and/or violations, notices and
dispositions thereof. The non-submission of any such documentation shall be
deemed to be an affirmation by the Proposer that there are no citations or
violations. Proposer shall notify the City immediately of notice of any citation or
violation which proposer may receive after the proposal opening date and
during the time of performance of any contract awarded to it.
17. TAXES. The City of Miami Beach is exempt from all Federal Excise and
State taxes.
18. MISTAKES. Proposers are expected to examine the terms, conditions,
specifications, delivery schedules, proposed pricing, and all instructions
pertaining to the goods and services relative to this RFP. Failure to do so will
be at the Proposer's risk and may result in the Proposal being non-responsive.
19. PAYMENT. Payment will be made by the City after the goods or services
have been received, inspected, and found to comply with contract,
specifications, free of damage or defect, and are properly invoiced. Invoices
must be consistent with Purchase Order format.
20. COPYRIGHT, PATENTS & ROYALTIES. Proposer shall indemnify and
save harmless the City of Miami Beach, Florida, and its officers, employees,
contractors, and/or agents, from liability of any nature or kind, including cost
and expenses for, or on account of, any copyrighted, patented, or unpatented
invention, process, or article manufactured or used in the performance of the
contract, including its use by the City of Miami Beach, Florida. If the Proposer
uses any design, device or materials covered by letters, patent, or copyright, it
is mutually understood and agreed, without exception, that the proposal prices
shall include all royalties or cost arising from the use of such design, device, or
materials in any way involved in the work.
21. DEFAULT. Failure or refusal of the successful Proposer to execute a
contract following approval of such contract by the City Commission, or
untimely withdrawal of a proposal response before such award is made and
approved, may result in a claim for damages by the City, and may be grounds
for removing the Proposer from the City's vendor list.
22. MANNER OF PERFORMANCE. Proposer agrees to perform its duties and
obligations in a professional manner and in accordance with all applicable
Local, State, County, and Federal laws, rules, regulations and codes. Lack of
knowledge or ignorance by the Proposer with/of applicable laws will in no way
be a cause for relief from responsibility. Proposer agrees that the work and
services provided shall be provided by employees that are educated, trained,
experienced, certified, and licensed in all areas encompassed within their
designated duties. Proposer agrees to furnish to the City any and all
documentation, certification, authorization, license, permit, or registration
currently required by applicable laws, rules, and regulations. Proposer further
certifies that it and its employees will keep all licenses, permits, registrations,
authorizations, or certifications required by applicable laws or regulations in full
force and effect during the term of this contract. Failure of Proposer to comply
with this paragraph shall constitute a material breach of this contract.
Where Developer is required to enter or go on to City of Miami Beach property
to deliver materials or perform work or services as a result of any contract
resulting from this solicitation, the Developer will assume the full duty, obligation
and expense of obtaining all necessary licenses, permits, and insurance, and
assure all work complies with all applicable laws. The Developer shall be liable
for any damages or loss to the City occasioned by negligence of the Developer,
or its officers, employees, contractors, and/or agents, for failure to comply with
applicable laws.
23. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from
these General Terms and Conditions shall have precedence.
24. NON-DISCRIMINATION. The Proposer certifies that it is in compliance with
the non-discrimination clause contained in Section 202, Executive Order 11246,
as amended by Executive Order 11375, relative to equal employment
opportunity for all persons without regard to race, color, religion, sex or national
origin. In accordance with the City's Human Rights Ordinance, codified in
Chapter 62 of the City Code, Proposer shall prohibit discrimination by reason of
race, color, national origin, religion, sex, intersexuality, gender identity, sexual
orientation, disability, marital and familial status, age, ancestry, height, weight,
domestic partner status, labor organization membership, familial situation, and
political affiliation.
25. DEMONSTRATION OF COMPETENCY. The City may consider any
evidence available regarding the financial, technical, and other qualifications
and abilities of a Proposer, including past performance (experience) in making
an award that is in the best interest of the City, including:
A. Pre-award inspection of the Proposer's facility may be made prior to the
award of contract.
B. Proposals will only be considered from firms which are regularly engaged
in the business of providing the goods and/or services as described in this
solicitation.
C. Proposers must be able to demonstrate a good record of performance for
a reasonable period of time, and have sufficient financial capacity,
equipment, and organization to ensure that they can satisfactorily perform
the services if awarded a contract under the terms and conditions of this
solicitation.
D. The terms "equipment and organization", as used herein shall, be
construed to mean a fully-equipped and well-established company in line
with the best business practices in the industry, and as determined by the
City.
E. The City may consider any evidence available regarding the financial,
technical, and other qualifications and abilities of a Proposer, including
past performance (experience), in making an award that is in the best
interest of the City.
F. The City may require Proposer to show proof that it has been designated
as authorized representatives of a manufacturer or supplier, which is the
actual source of supply. In these instances, the City may also require
material information from the source of supply regarding the quality,
packaging, and characteristics of the products to be supply to the City.
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26. ASSIG NM ENT . The successful Proposer shall not assign, transfer, convey,
sublet or otherwise dispose of the contract, including any or all of its right, title
or interest therein, or his/her or its power to execute such contract, to any
person, company or corporation, without the prior written consent of the City.
27. LAW S, PERM IT S AND REG ULATIO NS . The Proposer shall obtain and
pay for all licenses, permits, and inspection fees required to complete the work
and shall comply with all applicable laws.
28. O PTIO NAL CO NT RA CT USAG E. When the successful Proposer is in
agreement, other units of government or non-profil agencies may participate in
purchases pursuant to the award of this contract at the option of the unit of
government or non-profit agency.
29. V O LUM E OF W O RK. To the extent applicable, il is the intent of the City to
purchase the goods and services specifically listed in this solicitation. However,
the City reserves the right to purchase any goods or services awarded from
State or other governmental contracts, or on an as-needed basis through the
City's spot market purchase provisions.
30. DIS PUT ES . In the event of a conflict between the documents, the order of
priority of the documents shall be as follows:
A. Any contract or agreement resulting from the award of this solicitation;
then
B. Addendum issued for this solicitation, with the latest Addendum taking
precedence; then
C. The solicitation; then
D. The Proposer's proposal in response to the solicitation.
31. IN DEM NIF ICAT IO N. The Developer shall indemnify and hold harmless the
City and its officers, employees, agents and instrumentalities from any and all
liability, losses or damages, including attorney's fees and costs of defense,
which the City or its officers, employees, agents or instrumentalities may incur
as a result of claims, demands, suits, causes of actions or proceedings of any
kind or nature arising out of, relating to or resulting from the performance of the
agreement by the Developer or its employees, agents, servants, partners,
principals or subcontractors. The Developer shall pay all claims and losses in
connection therewith, and shall investigate and defend all claims, suits or
actions of any kind or nature in the name of the City, where applicable,
including appellate proceedings, and shall pay all costs, judgments, and
attorney's fees which may be incurred thereon. The Developer expressly
understands and agrees that any insurance protection required by any
agreement with the City or otherwise provided by the Developer shall in no way
limit the responsibility to indemnify, keep and save harmless and defend the
City or its officers, employees, agents and instrumentalities as herein provided.
The above indemnification provisions shall survive the expiration or termination
of this Agreement.
32. FL OR I DA PUBLI C RECO RDS LAW . Proposers are hereby notified that all
Proposals including, without limitation, any and all information and
documentation submitted therewith, are exempt from public records
requirements under Section 119.07(1), Florida Statutes, and s. 24(a), Art 1 of
the State Constitution until such time as the City provides notice of an intended
decision or until thirty (30) days after opening of the proposals, whichever is
earlier. Additionally, Developer agrees to be in full compliance with Florida
Statute 119.0701 including, but not limited to, agreement to (a) Keep and
maintain public records that ordinarily and necessarily would be required by the
public agency in order to perform the services; (b) provide the public with
access to public records on the same terms and conditions that the public
agency would provide the records and at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law; (c) Ensure that public
records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law; (d) Meet
all requirements for retaining public records and transfer, at no cost, to the
public agency all public records in possession of the Developer upon
termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements.
All records stored electronically must be provided to the public agency in a
format that is compatible with the information technology systems of the public
agency.
33. O BSERVANCE OF LAW S. Proposers are expected to be familiar with, and
comply with, all Federal, State,
County, and City laws, ordinances, codes, rules and regulations, and all orders
and decrees of bodies or tribunals having jurisdiction or authority which, in any
manner, may affect the scope of services and/or project contemplated by this
RFP (including, without limitation, the Americans with Disabilities Aci, Title VII of
the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and
guidelines). Ignorance of the law(s) on the part of the Proposer will in no way
relieve it from responsibility for compliance.
34. CO NFLICT OF INTEREST. All Proposers must disclose, in their Proposal,
the name(s) of any officer, director, agent, or immediate family member
(spouse, parent, sibling, and child) who is also an employee of the City of Miami
Beach. Further, all Proposers must disclose the name of any City employee
who owns, either directly or indirectly, an interest of ten (10%) percent or more
in the Proposer entity or any of its affiliates.
35. M O DIFICATION/W ITHDRA W ALS OF PROPOSALS. A Proposer may
submit a modified Proposal to replace all or any portion of a previously
submitted Proposal up until the Proposal due date and time. Modifications
received after the Proposal due date and time will not be considered. Proposals
shall be irrevocable until contract award unless withdrawn in writing prior to the
Proposal due date, or after expiration of 120 calendar days from the opening of
Proposals without a contract award. Letters of withdrawal received after the
Proposal due date and before said expiration date, and letters of withdrawal
received after contract award will not be considered.
36. EXCEPTIO NS TO RF P _Propo sers must clearly indicate any exceptions
they w ish to take to any of the terms in this RFP, and outli ne what, if any,
altern ative is being offered. All exceptions and altern atives shall be
included and clearly delineated, in writing, in the Proposal. The City , at its
sole and absolute discretion, m ay accept or reject any or all exceptions
and altern atives. In cases in which exceptions and altern atives are
rejected, the City shall require the Proposer to com ply with the particular
term and/or condition of the RFP to which Proposer took exception to (as
said term and/or condition w as originally set fo rth in the RFP and any
exhibits or Addenda thereto).
37. ACCEPTANCE OF GIFTS, FAVO RS, SERVICES. Proposers shall not
offer any gratuities, favors, or anything of monetary value to any official,
employee, or agent of the City, for the purpose of influencing consideration of
this Proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee
of the City shall accept any gift, favor or service that might reasonably tend
improperly to influence him in the discharge of his official duties.
38. SUPPLEM ENTAL INFORM ATION. City reserves the right to request
supplemental information from Proposers at any time during the RFP
solicitation process, unless otherwise noted herein.
Balance of Page Intentionally Left Blank
REP 2020-109-G 8
M IAM I BEACH
SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT
1. SEALED RESPONSES. One original Proposal (preferably in 3-ring binder) must be submitted in an opaque, sealed
envelope or container on or before the due date established for the receipt of proposals. Additionally, ten (10) bound copies
and one (1) electronic format (CD or USB format) are to be submitted. The following information should be clearly marked on
the face of the envelope or container in which the proposal is submitted: solicitation number, solicitation title, Proposer name,
Proposer return address. Proposals received electronically, either through email or facsimile, are not acceptable and will be
rejected.
2. LATE BIDS. Phase I Proposals are to be received on or before the due date established herein for the receipt of Bids. Any
Bid received after the deadline established for receipt of proposals will be considered late and not be accepted or will
be returned to Proposer unopened. The City does not accept responsibility for any delays, natural or otherwise.
3. NON-RESPONSIVENESS. Failure to comply with the following requirements shall result in a determination of non-
responsiveness. Non-responsive proposals will not be considered.
1.Failure to submit a signed copy of Appendix A.
2. Failure to comply with the Minimum Eligibility Requirements (See Appendix C, Section 1).
4. OMITTED OR ADDITIONAL INFORMATION. With exception of the Proposal Certification Form (Appendix A-1) and the
Cost/Revenue Proposal, if applicable, the City reserves the right to seek any omitted information/documentation or any
additional information from Proposer or other source(s), including but not limited to: any firm or principal information, applicable
licensure, resumes of relevant individuals, client information, financial information, or any information the City deems necessary
to evaluate the capacity of the Proposer to perform in accordance with contract requirements. Failure to submit any omitted or
additional information in accordance with the City's request shall result in proposal being deemed non-responsive.
5. PROPOSAL FORMAT. In order to maintain comparability, facilitate the review process and assist the Evaluation Committee
in review of proposals, it is strongly recommended that proposals be organized and tabbed in accordance with the tabs, and
sections as specified below. Hard copy submittal should be tabbed as enumerated below and contain a table of contents with
page references. Electronic copies should also be tabbed and contain a table of contents with page references.
TAB 1 Cover Letter & Minimum Qualifications Re uirements
1.1 Table of Contents. The table of contents should indicate the tabs, sections with tabs and page numbers to facilitate
the evaluation committee's review.
1.2 Proposal Certification Form (Appendix A-1). Failure to submit the Proposal Certification Form with the Proposal
shall result in Proposal being deemed non-responsive.
1.3 Questionnaire & Re uirements Affidavit A endix A-2.
TAB2 ect Team Qualifications
2.1 Organizational Chart: An organizational chart depicting the structure and lines of authority and communication for
all firms, principals and personnel involved in the project. Include information that describes the intended structure
regarding project management, accountability and compliance with the terms of the RFP.
2.2 Relevant Experience of Prime Proposer: Summarize projects where the Proposer and/or its principals have
provided services similar to those described herein. For each project provide the following:
a. project name and scope of services provided;
b. name of individuals that worked on the referenced roiect that have been included in Section 2.1 above;
RFP 20 20-10 9-N G 9
MIAMI BEACH
c. client; and
d. client project manager and contact information.
2.3 Relevant Experience of Sub-consultant(s)/Sub-contractor(s): Summarize projects where the Sub-
consultant(s)/Sub-contractor(s) and/or its principals have provided services similar to those described herein. For
each project provide the following:
a. project name and scope of services provided;
b. name of individuals that worked on the referenced project that have been included in Section 2.1 above;
c. client; and
d. client project manager and contact information.
TAB3 Conce t and Methodolo
Submit detailed information on the approach and methodology that the Proposer and its team has used in past in
engagements in providing the services described herein with a focus on the following, at a minimum:
3.1 Restaurant Concept and Design: The City aims to solicit compelling restaurant concepts that take advantage of the
Carl Fisher Clubhouse unparalleled setting and will evaluate each proposal to determine whether it will activate the
facilities and enhance the park/canal experience for the community. The City anticipates that Proposers will utilize
creative Carl Fisher Clubhouse layout concepts and employ quality interior design and exterior furniture that is
compatible with and enhances the design aesthetic of Collins Canal Park.
3.2 Menu: The menu should reflect the restaurant's location on the canal, within a Park, and in the MBCC campus.
Menus should appeal to the neighborhood, Park patrons, and visitors who seek out the restaurant for its canal
setting. Please provide approximate pricing (can be a range), to ensure proper fit with the community.
3.3 Days and Hours of Operation: The City prefers Proposers that maximize the activation of the space.
3.4 Relationship to Surrounding Community: The City will evaluate a proposal's positive impact on the community
and responsiveness to the neighborhood context and the overall Collins Canal Park/MBCC campus.
3.5 Fit-out Investment and Schedule: Proposers should demonstrate the ability to complete the construction and begin
operations of the facility, given the constraints set forth in the development guidelines, in a timely fashion. The space
will require proposer to provide all furniture, décor and fixtures not outlined in the construction diagrams.
3.6 Fit-out Investment and Schedule: Proposers should demonstrate the ability to complete the construction and begin
operations of the facility, given the constraints set forth in the development guidelines, in a timely fashion.
3. 7 Minimization of Environmental Impact: Proposers are encouraged to incorporate environmentally-friendly design
and operations.
TAB4 Financial and Public Benefit
Submit detailed information on the financial and public benefits that the bidder is proposing with a focus on the following, at a
minimum:
4.1 Financial Benefit. Provide details of ro osed financial benefit to the City, includin a ments, revenue
RFP 2020-109\WG
1o
M IAM I BEAC H
sharing, capital investments, etc. The City will negotiate final financial proposals with selected bidder(s).
4.2 Public Benefit. Provide details of any public benefit proposed. Public benefit is defined as a materially positive
impact on the well-being of the City and its residents and visitors that is above and beyond normal business
operations.
Quantitative factors shall not be considered by the Evaluation Committee. Quantitative factors will be
considered by the City Manager in preparing his recommendation to the City Commission. In considering
quantitative factors, the City Manager may also consider any feedback or information provided by staff,
consultants or any other third-party in developing an award recommendation in accordance with Sub-section
4 below.
EP 202010?Y'G
l l
SECTIO N 0400 PRO PO SAL EVALUATIO N
1. EVALUA TIO N O F PRO PO SALS. All responsive proposals will be evaluated in accordance with
this section. If more than one proposal is received, the City Manager may appoint an Evaluation
Committee to consider and provide feedback on the qualitative factors of each proposal. In the
event that only one responsive proposal is received, the City Manager, after determination that the
sole responsive proposal materially meets the requirements of the RFP, may, without an evaluation
committee, recommend to the City Commission that the Administration enter into negotiations. In
the evaluation of proposals, Proposers may be requested to make additional written submissions of
a clarifying nature or oral presentations to the Evaluation Committee. Failure to provide the
requested information within the time prescribed may result in the disqualification of proposal.
2. QUALITATIVE FACTORS (QUALIFICATIONS, CONCEPT AND METHODOLOGY) &
VETERAN'S PREFERENCE. The Evaluation Committee shall only consider qualitative
factors. The Evaluation Committee shall not consider quantitative factors (e.g., cost) in its review
of proposals. The Evaluation Committee shall act solely in an advisory capacity to the City
Manager. The results of the Evaluation Committee process do not constitute an award
recommendation. The City Manager may utilize, but is not bound by, the results of the Evaluation
Committee process, as well as consider any feedback or information provided by staff, consultants
or any other third-party in developing an award recommendation in accordance with Sub-section 3
below. In its review of proposals received, the Evaluation Committee may review and score all
proposals, with or without conducting interview sessions, in accordance with the following criteria.
The Procurement Department will assign points for Veteran's Preference, pursuant to Ordinance
No. 2011-3748, as applicable.
Qualitative Criteria Maximum Points
Project T earn Qualifications 60
Concept and Methodology 40
TOTAL AVAILABLE POINTS for Qualitative Criteria 100 - TOTAL AVAILABLE POINTS for Qualitative 105 and Veteran's Preference Criteria
3. QUANTITATIVE FACTORS. Quantitative factors shall not be considered by the Evaluation
Committee. Quantitative factors will be considered by the City Manager in preparing his
recommendation to the City Commission. In considering quantitative factors, the City Manager may
also consider any feedback or information provided by staff, consultants or any other third-party in
developing an award recommendation in accordance with Sub-section 4 below.
4. DETERMINATION OF AWARD. The City Manager shall consider qualitative and quantitative
factors, in accordance with Sub-section 2 and 3 above, to recommend the proposer(s) he deems to
be in the best interest of the City, or may recommend rejection of all proposals. The City Manager's
recommendation need not be consistent with the scoring results of the Evaluation Committee
process, if applicable, and shall take into consideration Miami Beach City Code Section 2-369,
including the following considerations:
(1) The ability, capacity and skill of the Proposer to perform the contract.
RFP 2020-109-WG 12
(2) W hether the Pro poser can perf orm the contract w ithin the tim e specified, w ithout delay or
interference.
(3) The chara cter, integrity, reputation, judgm ent, experience and effi ciency of the Pro poser.
(4) The quality of perform ance of previous contracts.
(5) The previous and existing com pliance by the Pro poser w ith law s and ordinances relating to the
contract.
The C ity Com m ission shall consider the C ity M anager's recom m endation and m ay appro ve such
recom m endation. The C ity Com m ission m ay also, at its option, reject the City M anager's
recom m endation and select another Pro poser(s) w hich it deem s to be in the best interest of the
City, or it m ay also reject all Pro posals.
5. NEGOTIATIONS. Following selection, the City reserves the right to enter into further
negotiations with the selected Proposer(s). Notwithstanding the preceding, the City is in no way
obligated to enter into a contract with the selected Proposer in the event the parties are unable to
negotiate a contract. It is also understood and acknowledged by Proposers that no property,
contract or legal rights of any kind shall be created at any time until and unless an Agreement has
been agreed to; approved by the City; and executed by the parties.
RFP 2020- 109-\G 13
APPENDIX A
MIAMI BEACH
Proposal Certification
and
Questionnaire &
Requirements Affidavit
2020-109-W G
Food and Beverage Operator at the
Carl Fisher Clubhouse
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3d Floor
Miami Beach, Florida 33139
RFP 2020-109-WG 14
APPENDIX A1 - PRO PO SAL CERTIFICATIO N FO RM
This document is a REQUIRED FORM that must be submitted fully completed and executed.
FAILURE TO SUBMIT THE PROPOSAL CERTIFICATION FORM WITH ITS PROPOSAL SHALL RESULT IN THE
PROPOSAL BEING DEEMED NON-RESPONSIVE.
Solicitation No: Solicitation Title:
2020-109-WG Food and Beverage Operator at the Carl Fisher Clubhouse
Procurement Contact: Tel: I Email:
William Garviso, CPPB 305 673-7 490 WilliamGarviso@miamibeachfl.gov
PROPOSER'S NAME:
NO. OF YEARS IN BUSINESS: I NO. OF YEARS IN BUSINESS LOCALLY: I NO. OF EMPLOYEES:
OTHER NAME(S) PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS:
FIRM PRIMARY ADDRESS (HEADQUARTERS):
CITY:
STATE: I ZIP CODE:
TELEPHONE NO.:
TOLL FREE NO.:
FAX NO.:
FIRM LOCAL ADDRESS:
CITY:
STATE: I ZIP CODE:
PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:
ACCOUNT REP TELEPHONE NO.:
ACCOUNT REP TOLL FREE NO.:
ACCOUNT REP EMAIL:
FEDERAL TAX IDENTIFICATION NO.:
Except as stipulated in General Condition 36, Proposer agrees: to complete and unconditional acceptance of the terms and
conditions of this document, inclusive of this solicitation, all specifications, attachments, exhibits and appendices and the contents
of any Addenda released hereto; to be bound, at a minimum, to any and all specifications, terms and conditions contained herein
or Addenda; that the Proposer has not divulged, discussed, or compared the proposal with other Proposals and has not colluded
with any other proposer or party to any other proposal; that proposer acknowledges that all information contained herein is part of
the public domain as defined by the State of Florida Sunshine and Public Records Laws; that all responses, data and information
contained in the proposal are true and accurate.
Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative:
Signature of Proposer's Authorized Representative: Date:
RFP 2020- 109WG 15
APPENDIX A2 · QUESTIONNAIRE AND REQUIREMENTS AFFIDAVIT FORM
The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain
solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness,
responsibility and other determining factors and compliance with requirements may be evaluated. Attach any requested information.
Name of Proposer's Authorized Representative: Title of Proposer 's Authorized Representative:
Signature of Proposer's Authorized Representative: Date:
1. Veteran Owned Business¡ Is Pro¡oser claiming a veteran owned business status?
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SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is
certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal
government, as required pursuant to ordinance 2011-37 48.
2. Conflict Of Interest. All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family
member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose
the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity
or any of its affiliates.
SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member
(spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Proposers must also disclose the name of
any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its
affiliates
3. References & Past Performance. Proposer shall attach at least three (3) references for whom the Proposer has completed work
similar in size and nature as the work referenced in solicitation.
SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact
Individual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided.
4. Suspension, Debarment or Contract Cancellation. Has Proposer ever been debarred, suspended or other legal violation, or had a
contract cancelled due to nr-perfrmance by any public sector agency?
YES L_J NO
SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to
action(s).
5. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws,
as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable
provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as
prescribed therein, including disqualification of their Proposals, in the event of such non-compliance.
SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling
financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each
individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of
Mayor or City Commissioner for the City of Miami Beach.
6. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City
shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Department with its proposal/response or
within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable
governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami
Beach and Miami Dade County.
SUBMITTAL REQUIREMENT: Proposer shall attach its Code of Business Ethics. In lieu of submitting Code of Business Ethics,
Proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics,
available at http://www.miamibeachfl.gov/city-hall/procurement/procurement-related-ordinance-and-procedures/
REP 2020-109-G 16
7. Living Wage. Pursuant to Section 2-408 of the City of Miami Beach Code, as same may be amended from time to time, covered
employees shall be paid the required living wage rates listed below:
1. Effective January 1, 2020, covered employees must be paid a living wage rate of no less than $11.78 per hour with health
care benefits of at least $3.22 per hour, or a living wage rate of no less than$15.00 per hour without health care benefits.
The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation using
the Consumer Price Index for all Urban Consumers (CPI-U) Miami/Ft. Lauderdale, issued by the U.S. Department of Labor's Bureau
of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three percent (3%). The City may also, by
resolution, elect not to index the living wage rate in any particular year, if it determines it would not be fiscally sound to implement
same (in a particular year).
Proposers' failure to comply with this provision shall be deemed a material breach under this proposal, under which the City may, at
its sole option, immediately deem said Proposer as non-responsive, and may further subject Proposer to additional penalties and
fines, as provided in the City's Living Wage Ordinance, as amended. Further information on the Living Wage requirement is available
at http://www.miamibeachfl.gov/city-hall/procurement/procurement-related-ordinance-and-procedures/
Any payroll request made by the City during the contract term shall be completed electronically via the City's electronic compliance
portal, LCP Tracker (LCPTracker.net).
SUBMITTAL REQUIREMENT: Indicate below that Proposer agrees to the living wage requirement. Failure to agree shall result in
proposî' disqulalification. L ves o
8. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited
contracts valued at over $100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more
calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business
with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide "Equal Benefits" to their
employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a
Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United
States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach.
A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? t 1es o
B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners" or to
domestic partners of employees? t es L Io
C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified.
Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other
benefits are provided directly to the spouse or domestic partner, such as medical insurance.
BENEFIT Firm Provides for Firm Provides for Firm does not
Employees with Employees with Provide Benefit
Spouses Domestic Partners
Health
Sick Leave
Family Medical Leave
Bereavement Leave
If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance
providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To
comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached)
with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or
his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits
requirement is available at http://www.miamibeachfl.gov/city-hall/procurement/procurement-related-ordinance-and-procedures/
RFP 2020- 109WG 17
9. Public Entity Crimes. Section 287.133(2)a), Florida Statutes, as currently enacted or as amended from time to time, states that 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
proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal, or
reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals,
proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor, 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 s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the
convicted vendor list.
SUBMITTAL REQUIREMENT: Proposer agrees to the requirements of Section 287.133, Florida Statutes, and certifies it has not
been placed on convicted vendor list. Failure to agree shall reluit in roposal disqualification. L )es o
10. Non-Discrimination. Pursuant to City Ordinance No.2016-3990, the City shall not enter into a contract with a business unless the
business represents that it does not and will not engage in a boycott as defined in Section 2-375(a) of the City Code, including the
blacklisting, divesting from, or otherwise refusing to deal with a person or entity when such action is based on race, color, national
origin, religion, sex, intersexuality, gender identity, sexual orientation, marital or familial status, age or disability.
SU BM ITT AL REQUIREMENT: Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami
Beach City Code. Failure to agree shall result in proposal disqualification.
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11. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution
2016-29375, the City of Miami Beach, Florida, prohibits official City travel to the states of North Carolina and Mississippi, as well as
the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on
behalf of the City to North Carolina or Mississippi, nor shall any product or services it provides to the City be sourced from these
states.
SUBMITTAL REQUIREMENT: Proposer agrees it is and shall remain in full compliance with Resolution 2016-29375. Failure to agree
shall result in proposal disqualification.
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12. Fair Chance Requirement. Pursuant to Section 2-376 of the City Code, the City shall not enter into any contract resulting from a
competitive solicitation, unless the proposer certifies in writing that the business has adopted and employs written policies, practices,
and standards that are consistent with the City's Fair Chance Ordinance, set forth in Article V of Chapter 62 of the City Code ("Fair
Chance Ordinance"), and which, among other things, (i) prohibits City contractors, as an employer, from inquiring about an applicant's
criminal history until the applicant is given a conditional offer of employment; (ii) prohibits advertising of employment positions with a
statement that an individual with a criminal record may not apply for the position, and (iii) prohibits placing a statement on an
employment application that a person with a criminal record may not apply for the position.
SUBMITTAL REQUIREMENT: Proposer certifies that it has adopted policies, practices and standards consistent with the City's Fair
Chance Ordinance. Proposer agrees to provide the City with supporting documentation evidencing its compliance upon request.
Proposer further agrees that any breach of the representations made herein shall constitute a material breach of contract, and shall
entitle the City to the immediate termination for cause of the agreement, in addition to any damages that may be available at law and
in equity. Failure to agree shall result in ropos¡I disqualification.
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13. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation
which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer
having received solicitation through the City's e-procurement system, Bidsync.com. However, Proposers are solely responsible for
assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section
certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and
acknowledge receipt of all addenda may result in proposal disqualification.
Initial to Confirm Initial to Confirm Initial to Confirm
Receipt Receipt Receipt
Addendum 1 Addendum 6 Addendum 11
Addendum 2 Addendum 7 Addendum 12
Addendum 3 Addendum 8 Addendum 13
Addendum 4 Addendum 9 Addendum 14
Addendum 5 Addendum 10 Addendum 15
RFP 2020-109-G l 8
APPENDIX B
MIAMI B E A C H
'' No Bid'' Form
2020-109-WG
Food and Beverage Operator at the
Carl Fisher Clubhouse
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3d Floor
Miami Beach, Florida 33139
RFP 2020-109-G 19
S ta te m e n t o f N o B id
WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR
REASON(S) CHECKED AND/OR INDICATED BELOW:
Workload does not allow us to proposal
_Insufficient time to respond
Specifications unclear or too restrictive
Unable to meet specifications
_Unable to meet service requirements
_Unable to meet insurance requirements
_Do not offer this product/service
_OTHER. (Please specify)
We do _ do not_ want to be retained on your mailing list for future proposals
of this type product and/or service.
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Title: -----------------------
Legal Company lame.
Note: Failure to respond, either by submitting a proposal or this completed form,
may result in your company being removed from our vendors list.
PLEASE RETURN TO:
CITY OF MIAMI BEACH
PROCUREMENT DEPARTMENT
ATTN: William Garviso, CPPB
PROPOSAL #2020-109-WG
1755 MERIDIAN AVENUE, 3"" FLOOR
MIAMI BEACH, FL 33139
RFP 2020-109-W G 20
E X H IB IT A
MIAMI B EAC H
PLANS AND
S PECIFICATIONS
(To be provided at a later date Via A ddendum}
20 2 0 -1 0 9 -WG
Food and Beverage Operator at the
Carl Fisher Clubhouse
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3d Floor
Miami Beach, Florida 33139
REP 2020-109-G 21