LTC 277-2013 Request for Proposals for Management 2313 P U' 1 3
OFFICE OF THE CITY MANAGER (l ? "t` C'I_� A �i I ICE
NO, LTC # 2 - 1 - 7 -2 01 3 LETTER TO- COMMISSION
To: Mayor Matti Herrera Bower and Me bers of th City
From: Jimmy L. Morales, City Manager
Date: August 12, 2013
Subject: Request For Proposals For Tt e Management And Operation Of The Street
Markets On Lincoln Road, Norm ndy Village, Collins Park And Other Locations.
On July 17, 2013, the City Commission considered whether to issue the subject Request for
Proposals (RFP). The item was separated from the Consent Agenda for discussion' and
ultimately approved as amended and referred to the subsequent Finance and Citywide Projects
Committee ( FCWPC) with direction to issue following FCWPC discussion. The amendments
made at the July 17 City Commission meeting provided additional time for potential respondents
to submit proposals, to 60 days, and a redistribution of the evaluation criteria points as noted
below in the Evaluation /Selection Process.
The item was subsequently discussed at the July 25, 2013 FCWPC meeting: The Committee
reconfirmed a desire to make the aforementioned changes and also discussed whether to relax k
the minimum qualifications requirement in order to allow, the greatest number of qualified }
responses. Accordingly, the administration has deleted the `Minimum Qualifications of the RFP
and instead the RFP_ will require proposals to demonstrate experience in performing the f
services sought in this RFP or a related business.
SECTION V — EVALUATION / SELECTION PROCESS
The procedure for response, evaluation and selection will be as follows:
1. The RFP will be issued 1
2. A Pre - Proposal Submission Meeting with potential. Proposers will be conducted.
3. All timely received Proposals will be opened and listed.
4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each
Proposal in accordance with the requirements set forth in the RFP. If further information
is desired, Proposers may be requested to make additional written submissions or oral �.
presentations to the Evaluation Committee. The evaluation of proposals will proceed in a i
two -step process. {
5. The first step will consist of the qualitative criteria listed below to be considered by the . I
Evaluation Committee. The second step will consist of quantitative criteria established
below to be added to the Evaluation Committee results by the Department of
Procurement Management. {
Step 1 Evaluation. An Evaluation Committee, appointed by the City Manager, shall i
meet to evaluate each Proposal in accordance with the qualifications criteria established
below for Step 1, Qualitative Criteria. In doing so, the Evaluation Committee may:
a. Review and score all proposals received, with or without conducting interview i T
sessions; or
b. Review all' proposals received and short -list one or more, proposers to be further r
considered during subsequent interview session(s) (using the same criteria).
. 1
Letter to City Commission
Markets RFP
Page 2 of 3
Step I - Qualitative Criteria
Proposer Experience and Qualifications; including 35
Financial Capability
Reference as to Experience and Qualifications 15 r
Approach and Methodology 35
TOTAL ._ POINTS
6. Step 2 Evaluation. Following the results of Step 1 Evaluation Qualitative criteria, the
proposers may receive additional points to be added by the Department of Procurement
Management to those points earned in Step 1, as follows.
Quantitative
Quantita Criteria
Cost Proposal 15 '
Local and Veterans Preference
Miami Beach -Based Vendor 5
Veterans and 'State-Certified Service - Disabled Veteran 5
Business Enterprises
TOTAL POINTS
7. The cost proposal shall be developed in accordance with the following formula:
Sample Objective Formula for Cost
Vendor'. Vendor Example Formula for Calculating Total
Cost Maximum Points Points
Proposal Allowable (lowest cost / cost of Awarded
Points proposal being evaluated X
maximum allowable points
= awarded points)
Vendor A $100.00 15 $100 / $100 X 15 = 20 15
Vendor B $150.00 15 $100 / $150 X 15 = 10 10
Vendor C. $200.00 15 $100 / $200 X 15 = 8 8
8. The- final ranking results of Step 1 & 2 will be forwarded to 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. 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 bidder to perform the contract.
(2) Whether the bidder can perform the contract within the time specified, without
delay or interference.
(3) The character, integrity, reputation, judgment, experience and efficiency of the
bidder.
(4) The quality of performance of previous contracts.
(5) The previous and existing compliance by the bidder with laws and ordinances
relating to the contract.
Letter to City Commission
Markets RFP
Page 3 of 3
9. The City Commission shall consider the City Manager's recommendation and, if
appropriate, 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.
10. Negotiations between the City and the selected Proposer(s) will take place to arrive at a
mutually acceptable Agreement. If the City Commission has so directed, the City may
proceed to negotiate an Agreement with a proposer other than the top- ranked proposer.
11. The final proposed agreement(s) will be presented to the City Commission for approval.
12. If the agreement(s) are approved by the City Commission, the Mayor and City Clerk
shall execute the contract(s), after the Proposer (or Proposers) has (or have) done so.
Since the City Commission approved the RFP subject to the FCWPC recommendation, I am
submitting the revised RFP to you for review prior to issuance. Please advise me if you have,
any concerns with -the amended RFP within three (3) days, otherwise the RFP will be issued as
amended.
Please feel free to contact me with any comments or questions.
JLM /KGB /MAS
C: Kathie G. Brooks, Assistant City Manager
Alex Denis, Procurement Director
Max Sklar, Tourism, Culture and Economic Development Director
F: \PURC \$ALL \Solicitations \2013\2013 - 317 -ME Street Markets \Markets RFP LTC.docx
S ,
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REQUEST FOR PROPOSALS (RFP
RFP 2013 -317ME
MANAGEMENT AND OPERATIONS OF THE STREET MARKETS
MI M
DEPARTMENT OF PROCUREMENT MANAGEMENT, 3 R D Floor
1700 Convention Center Drive Miami Beach, FL 33139
305- 673 -7490
RFP 2013 -317ME
MANAGEMENT AND OPERATIONS OF STREET MARKETS
TABLE OF CONTENTS
Section I Overview & Proposal Procedures 3
Section 11 Minimum Qualifications Requirements .......:............ 7
Section III Scope of Services ................... ............................... 7
Section IV Proposal Format ..................... ............................... 14
Section V Evaluation /Selection Process ... ............................... 14
Section VI Special Terms & Conditions: - Insurance :..................
Section VII General Conditions ............... ...............................
Section VI11 Appendices:
A = Proposal Certification, Questionnaire & .............. 19
Requirements Affidavit (Under Separate Cover)
B - Contractor Client Survey ............................... 26
C- Lincoln Road Product List ... ............................... 27
D - Normandy Village Product List ......................... 28
E Collins Park and Other Location Product List ...... 29
F - Current Market Agreement Terms ......:....:......... 30
G Revenue /Sharing Proposal ............................... 32
BEACH
NAIAMIREACH
City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
DEPARTMENT OF PROCUREMENT MANAGEMENT
- Tel: 305- 673 -7490, Fax: 786- 394 -4006 -
PUBLIC NOTICE
Sealed proposals, as detailed herein, will be received until 3:00 PM on; October 17, 2013, at the following address:
City of Miami Beach City Hall
Procurement Division. — Third Floor
1700 Convention Center Drive
Miami Beach, Florida 33139
ANY PROPOSAL RECEIVED AFTER 3:00 PM ON THE PROPOSAL DUE DATE WILL BE RETURNED TO THE PROPOSER
UNOPENED, AND WILL NOT BE CONSIDERED. THE RESPONSIBILITY FOR SUBMITTING PROPOSALS BEFORE THE
STATED TIME AND DATE IS SOLELY THE RESPONSIBILITY OF THE PROPOSER. THE CITY WILL NOT BE RESPONSIBLE
FOR DELAYS CAUSED BY MAIL, COURIER SERVICE, OR ANY OTHER ENTITY OR OCCURRENCE.
The City utilizes PublicPurchase for automatic notification of bid opportunities and document fulfillment, including the issuance of
any addendum to this RFP. This system allows vendors to register online and receive notification of new bids, addendums and
awards. Registration is available through www.publicpurchase.com.
Any prospective proposer who has received this RFP by any means other than through PublicPurchase must register immediately
with PublicPurchase to assure receipt of any addendum issued to this RFP. Prospective proposers are solely responsible for
assuring they have received any addendum issued to this RFP. Failure to receive an addendum may result in disqualification of
proposal submitted.
Proposers are hereby advised that this RFP is subject to the following ordinances /resolutions, which may be found on the City of
Miami Beach website: www.miamibeachfi.gov /procurement.
` . CONE OF SILENCE -- ORDINANCE NO. 2002-3378
• PROTEST PROCEDURES -- ORDINANCE NO. 2002-3344.
• DEBARMENT PROCEEDINGS -- ORDINANCE NO. 2000-3234
• LOBBYIST REGISTRATION AND DISCLOSURE OF FEES -- ORDINANCE NO. 2002-3363.
• CAMPAIGN CONTRIBUTIONS BY VENDORS - ORDINANCE NO. 2003-3389.
• REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR .DOMESTIC PARTNERS -
ORDINANCE NO. 2005-3494
• LOCAL PREFERENCE FOR MIAMI BEACH -BASED VENDORS —ORDINANCE NO. 2011-3747.
• PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-
CERTIFIED SERVICE- DISABLED VETERAN BUSINESS ENTERPRISES — ORDINANCE NO. 2011 -3748.
• CODE OF BUSINESS ETHICS -- RESOLUTION NO. 2000-23879.
All questions or requests for clarifications must be received by the procurement contact named above no later than ten (10) calendar
days, prior to the scheduled RFP due date. The City Clerk, rafaelgranado @miamibeachfl.gov, must copied on any question or
comment submitted in response to this RFP. All responses to questions /clarifications will be sent to Proposers in the form of a written
addendum.
THE CITY OF MIAMI BEACH RESERVES THE RIGHT TO ACCEPT ANY PROPOSAL DEEMED TO BE IN THE BEST INTEREST
OF THE CITY, OR WAIVE ANY IRREGULARITY AND /OR INFORMALITY IN ANY PROPOSAL, OR REJECT ANY AND /OR ALL .
PROPOSALS-.
Sincerely,
Alex Denis, CPPO
Procurement Director
t RFP 2013- 317ME, Management and Operations of Street Markets
m ; " v " , d BEACH
City of Miami Beach,
1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
DEPARTMENT OF PROCUREMENT MANAGEMENT
Tel: 305.673.7490 Fax: 786.394.4006
NOTICE OF NO RESPONSE
If not submitting a Proposal at this time, please detach this sheet from the RFP documents,
complete the information requested, and return to the address listed above.
NO PROPOSAL SUBMITTED FOR REASON(S) CHECKED AND /OR INDICATED:
Not responding due to workload issues
Not responding due to minimum qualifications requirements
Not responding due to scope of services
_ Not responding due to project's size and /or complexity
OTHER. (Please specify)
Note: Failure to respond, either by not submitting a proposal or this completed form, may result in your company
being removed from the City's bid list.
We do do not want to be retained on your mailing list for future proposals for the type or
product and /or service. .
Signature:
Title:
Company:
.Feedback
The City of Miami Beach is interested in continuously improving the process through which it acquires required goods and services. Your
feedback is important. Please provide any comments or suggestions which may assist the City in this endeavor, including information on
requirements, timelines, and solicitation forms.
2 RFP 317 -2013, street Markets
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SECTION I - OVERVIEW AND PROPOSAL PROCEDURES
A. INTRODUCTION I BACKGROUND
On September 6, 2006, the Mayor and City Commission adopted Resolution No. 2006 - 26281, awarding, pursuant to RFP 30- 05106, the
operation and management of the Green Markets on Lincoln Road, Espanola Way and Normandy Isle to the Market Company and the
operation and management for the Antique and Collectibles Market on Lincoln Road to Production Sud, Inc. (collectively "Street Markets ").
The permitted uses for each Street Market are as follows:
Lincoln Road Green Market includes fruits, vegetables, juices, nuts and other related.products; plants and cut flowers;
Espanola Way Street Market included arts and crafts; cut flowers and plants; fruits, juices, nuts, and other related products;
Normandy Village Street Market includes arts and crafts; fruits, vegetables, cut flowers, orchids and other related green market
products; tropical fruit preserves, dressings, dried fruits and nuts, honey and organic produce;
:. Antiques and Collectibles Market includes antiques; vintage goods; and collectibles.
The City entered into four separate Management and Operating Agreements governing each of the Street Markets, each commencing on
October 1, 2006 and terminating on September 9, 2009, (collectively, "Management Agreements "). The Management Agreements provided
for an extension of the respective terms for an additional three (3) years, which was approved by the City on July 1St, 2009. It should be
noted that shortly after the renewal options were approved, the Espanola Way Street Market was due to lack of interest by the
vendors.
The renewal terms were due to expire on September 30, 2012; therefore, staff referred the discussion, regarding the issuance of a new
Request for Proposals ( "RFP ") for the management and operation of the Street Markets, to the. Finance and Citywide Projects Committee
( "FCWPC ")..On May 17, 2012, the FCWPC recommended issuing the. RFP with a broader scope, including locations other than where the
markets are today. In addition, the FCWPC recommended that the current agreement(s) be allowed to continue on a month -to -month basis,
until the process was completed. In addition, staff was'directed to review and research the per day charge for electrical service.
On September 12, 2012, pursuant to the 'recommendation of the FCWPC, the City Commission adopted Resolution No. 2012- 27997,
extending the Management Agreements in effect, on a month -to -month basis, for a period ending May 31, 2013. The Resolution further
authorized the Administration to begin working on a new RFP process to solicit interest in managing and operating street markets on Miami .
Beach in'one or more of the four locations identified above, as well as to explore expanding the scope to include other areas of the City,
provided the identified locations have the support of the respective neighborhood and/or neighborhood association, do not interfere with
traffic circulation and parking and don't pose any life= safety and /other code - related problems.
Staff required additional time to complete the RFP process and on May 8, 2013, the City Commission adopted Resolution No. 2013 - 28212,
extending the Management Agreements in effect, from June 1, 201 until such time as a new contract for the Street Market(s) was
executed.
In connection with the preparation of the RFP, Staff held an industry- review meeting on June 17, 2013. Operators and vendors.of Street
Markets from the tri- county area were notified of the meeting and several attended. Many of their suggestions were incorporated in the
scope for the RFP being presented to the City Commission herein, including providing the option of a weekday Street Market, more flexible
hours of operation and a preference for locally grown produce in support of the farm to table concept.
B. RFP TIMETABLE
The tentative schedule for this RFP is as follows:
RFP Issued August 15, 2013
Pre- Proposal Meeting September 9, 2013
Deadline for Receipt of Questions October 7 , 2013
Proposals Due October.17, 2013
Evaluation Committee Review To Be Determined
Tentative Commission Approval Authorizing Negotiations December 11, 2013
Contract Negotiations Following Commission Approval
3 RFP 2013- 317ME, Management and Operations of Street Markets
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C. PROPOSAL SUBMISSION DUE DATE
An original and ten (10) copies of complete Proposals, plus one electronic copy (CD or flash drive), must be received no later than 3:00 .
p.m° on the dated stated in Section 1(B), at the following address:
City of Miami Beach City Hall
Procurement Division -- Third Floor
1700 Convention Center Drive
Miami Beach, Florida 33139
The original and all copies, including the electronic copy, must be submitted to the Procurement Division in a sealed package clearly noted
with the Proposer's name, address, and RFP number and title. No facsimile, electronic, or e-mail Proposals will be considered.
THE RESPONSIBILITY FOR SUBMITTING A PROPOSAL IN RESPONSE TO THIS RFP, ON OR BEFORE THE STATED TIME AND
DATE, WILL.BE SOLELY AND STRICTLY THAT OF THE PROPOSER. THE CITY WILL IN NO WAY BE RESPONSIBLE FOR DELAYS
CAUSED BY MAIL, COURIER SERVICE, OR BY ANY OTHER ENTITY OR OCCURRENCE.
ANY PROPOSAL RECEIVED AFTER STATED'DUE DATE WILL BE RETURNED TO THE PROPOSER UNOPENED. PROPOSALS
RECEIVED AFTER THE RFP DUE DATE AND TIME WILL NOT BE ACCEPTED AND WILL NOT BE CONSIDERED.
D. PRE- PROPOSAL SUBMISSION MEETING
A Pre- Proposal Submission Meeting will be held on the date noted in Section 1(B) at 10:00 a.m. at the following address: City of Miami
Beach City Hall — 4th Floor, Manager's Large Conference Room, 1700 Convention Center Drive, 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: 1142644
Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in Section E of this RFP
expressing their intent to participate via telephone.
E. CONTACT INFORMATION
Contact: Telephone: Email:
Maria Estevez, CPPB, CPPO 305 - 673 -7000, Extension 6558 mestevez @miamibeachfl.gov
Requests for additional information or requests for clarifications must be made in writing to the Procurement Division. Facsimile or a -mail,
requests are acceptable. Please send all questions and /or requests for clarifications to the contact named above, with a copy to the City
Clerk's Office at RafaelGranado (a)miamibeachfl.gov no later than the date specified in the RFP timetable.
F. RESPONSE TO QUESTIONS & ADDENDUM TO RFP
The Procurement contact will issue replies to inquiries and any other corrections or amendments, as he, deems necessary, in written
addenda issued prior to the deadline for responding to the RFP. Proposers should not rely on representations, statements, or explanations
(whether verbal or written), other than those made in this RFP or in any written addendum to this RFP. Proposers should verify with the
Procurement Division prior to submitting a Proposal that all addenda have been received.
G. CONE OF SILENCE
Pursuant to the city's Cone Of Silence Ordinance, as codified in section 2 -486 of the City Code, proposers are advised that oral
communications between the proposer, or their representatives and 1) the Mayor and City Commissioners and their respective staff; or 2)
members of the City's Administrative staff (including but not limited to the City Manager and his staff); or 3) Evaluation Committee members,
is prohibited.
H. MODIFICATIONIWITHDRAWALS 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.
4 RFP 317 -2013, Street Markets
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I: RFP" POSTPONEMENT ICANCELLATIONIREJECTION
The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, Proposals; re- advertise this RFP; postpone or
cancel, at any time, this RFP process; or waive any irregularities in this RFP, or in any Proposals received as a result of this RFP.
J. 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.
K. EXCEPTIONS TO RFP
Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFP, 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 Proposer to comply with the particular term and /or condition of the RFP to which Proposer took exception to (as
said term and /or condition was originally set forth on the RFP).
L. FLORIDA PUBLIC RECORDS 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.
M. NEGOTIATIONS
The City reserves the right to enter into further negotiations with the selected Proposer. 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 by submitting a Proposal, no property interest or legal right of any kind shall be created at any time
until and unless a contract has been agreed to; approved by the City; and executed by the parties.
N. PROTEST PROCEDURE
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 (Ordinance No. 2002 - 3344), as codified in Sections 2 -370 and 2 -371 of the City Code.
Protests not timely made pursuant to the requirements of Ordinance No. 2002.3344 shall be barred.
0. OBSERVANCE OF LAWS
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 Act, 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.
P. 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 before such award is made and approved, may result in forfeiture of that portion of any surety required as
liquidated damages to the City. Where surety is not required, such failure may result in a claim for damages by the City and may be "
grounds for removing the Proposer from the City's vendor list.
Q. 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.
R. PROPOSER'S RESPONSIBILITY
Before submitting a Proposal, 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.
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5 RFP 317 -2013, Street Markets
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S. 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.
T. 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 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 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:
U. 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 Proposals, in the event of such non - compliance.
V. 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 Proposal voidable,
in the event of such non - compliance.
W. DEBARMENT ORDINANCE
This RFP is subject to, and all Proposers are expected to be or become familiar with, the City's Debarment Ordinance (as adopted pursuant
to Ordinance No. 200 -3234, and as codified in Sections 2 -397 through 2 -406 of the City Code).
X. 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 Proposals, in the event of such non - compliance.
Y. 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 Division with its bid /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.
Z. - AMERICAN 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.
AA. ACCEPTANCE OF GIFTS, FAVORS, 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.
B. METHOD OF AWARD
At the conclusion of the Evaluation -Committee Step 1 scoring, Step 2 Points will be added to each evaluation committee member's scores .
by the Department of Procurement Management. Step 1 and 2 scores will be converted to rankings in accordance with the example below:
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Step 1 Points 82 76 80
Step 2 Points* 22 15 12
Committee 'Total 104 91 92
Member 1 Rank 1 3 2
Step 1 Points 79 85 72
Step 2 Points* 22 15 12
Committee Total 101 100 84.
Member 2 Rank 1 2 3
Step 1 Points 80 74 66
Step 2 Points* 22 15 12
Committee Total 102 89 78
Member 2 Rank 1 2 3
Final Ranking" 2 3
* Step 2 Points'calculated by DPM.
** Final Ranking is presented to the City Manager for further due diligence and recommendation to
the City Commission. Final Ranking does not constitute an award recommendation until such time
as the City Manager has made,his recommendation to the City Commission.
SECTION II — MINIMUM QUALIFICATIONS REQUIREMENTS
N/A
SECTION III — SCOPE OF SERVICES
Since October 1, 2006, The Market Company has been operating its Green (Farmers) Markets on Lincoln Road, Normandy Isle and until
August, 2009, on Espanola Way. As noted above, The Market Company's markets are generally engaged in the sale of cut flowers and
plants, fruits, vegetables and other edible products, including fresh fruits, dried fruits, vegetables, nuts, preserves, pickled items, jams,
jellies, juices, smoothies and other non - alcoholic beverages. The "Green Market" concept was specifically adopted for Lincoln Road so as
nofto compete with merchants in the area. During the same period, Production Sud, Inc. has operated its Antiques and Collectibles Market
on Lincoln Road, engaging in the sale of antiques, vintage goods and collectibles, including but not limited to, jewelry, bric -a -brac,
reproductions, memorabilia, art, and creative uses of recycled components. For allowing the Markets to operate in their respective locations,
the City receives rent equivalent to the greater of a fixed percentage of concessionaire's gross receipts (PG) or an established minimum
guarantee (MG) as follows:
- Rent Received
Market: PG% MG FY 08109 FY 09110 FY 10/11
Lincoln Road Green Mkt , 15.0% $ 8,820 $ 9,530 $10,338 $13,111
Normandy Isle Mkt 15.0% $ 3,675 $ 4,213 $ 4,262 $ 4,258
Antiques & Collectibles Mkt 12.5% $29,400 $35,128 $29,450 $34,608
In order to cover the costs associated with facilitating Street Markets for the general public, the City will need to charge Concessionaires the
following additional fees: $40.00 per day to contribute toward the costs associated with field monitoring the event, on an as needed basis;
$100.00 per quarter to contribute toward the cost of pressure cleaning the sites of the Street Markets; and $5.00 per market day for each
vendor requiring electrical service.
A summary,of the current terms for each of the Markets is included as "Appendix F ".
Lincoln Road Green Market
The Lincoln Road Green Market is currently held every Sunday on the Lincoln Road Mall from Washington Avenue to Meridian Avenue with
an average of 20 vendors; operating between the hours of 9:00 a.m. until 6:30 p.m.
As noted in the table above, the Lincoln Road Green Market has consistently exceeded its annual MG remittal to the City and continues to
be a viable event for both the Concessionaire and the City. It should be noted however, that due to the significant increase in the number of
- sidewalk cafe permits issued on Lincoln Road since the inception of the Markets, there has been, on occasion, friction between the
restaurants and the Markets over the displacement of some of their vendors.
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ti Normandy Village (Isle) Market
The Normandy Market operates every Saturday on Rue Vendome with an average of 13 vendors. The street is closed to traffic during the
Market's operation. The Market Company continues to manage and "operate this market as it has over the past few years with little change
in vendors or emphasis. Although not a high profit return to the City, this market is primarily frequented by the surrounding community.
Antiques & Collectibles Market
The Antiques & Collectibles Market, operated by Production Sud, Inc., is held on Sunday with operating hours of 9:00 a.m. until 6:00 p.m,
twice a month from October through May. The Market currently operates on Lincoln Road between Meridian Avenue and Michigan Avenue;
Michigan Avenue between.South Lincoln Lane and North Lincoln Lane; and the west side of Jefferson Avenue, between South Lincoln Lane
and North Lincoln Lane, withr an average of 128 vendors
It should be noted that due to the renovations and modifications to,the 1100 block of Lincoln Road that were completed in November, 2009,
-the Antiques and Collectibles Market was not permitted to return to the block, resulting in the loss of approximately 30 vendor locations. To
.compensate for the reduction in space, the Antiques & Collectibles Market was allowed to expand from two rows to three rows of tents on
Michigan Avenue. Even so, the Market was reduced from approximately 130 spaces to 110 spaces, resulting in a loss of revenues and
requiring staff to explore various options to add the spaces back without conflicting with the Lincoln Road Green Market and without creating
circulatory, parking and /or life- safety issues. In August, 2011, Staff was able to secure the west side of Jefferson Avenue between South
Lincoln Lane and North Lincoln Lane„ which was able to accommodate an additional 18 vendors. This new location has since made up, for
the concessionaire's loss of the 1100 block.
Collins Park Market
On October 14, 2009, pursuant to a request from the Collins Park Neighborhood Association (CPNA), the City Commission approved a
temporary Management and Operating Agreement with the Market Company to operate a farmer's market adjacent to Collins Park on a trial
basis for a period of one (1) year, commencing on January 1, 2010 and ending on December 31, 2010. The Market was located on 22
Street between Collins Avenue and Liberty Avenue, which was not the location of choice for the CPNA or the Concessionaire, who would
have preferred a location in the Park itself. It should be noted that an exhaustive amount of time was spent at a staff and Committee level in
identifying and agreeing to the approved location for the'Market. The Park and the Central Boulevard located on the east side of Collins
Avenue were firmly ruled" out due to a variety of concerns involving accessibility /ADA issues, maintenance - related impacts, Historic
Preservation issues, and parking and circulatory impediments. Staff also looked at Park Avenue and Liberty Avenue as potential locations,
but ruled them out on account of their lack of visibility from public areas, which in effect would hide the market instead of activating the Park.
The 22nd Street location was deemed the most viable on account of its high degree of visibility adjacent to the Park, the minimum impact to
traffic circulation and the minimal loss of parking spaces during market days.
The Collins Park Market started operations on January 3, 2010, and was scheduled to run every Sunday from 9:00 a.m. to 6:00 p.m.
However, the construction of Collins Park and surrounding streetscape areas (including 22nd Street), had not been completed and was
running behind schedule. Also, abnormally cold and windy conditions prevailed in the area for most of the first two months of operation,
discouraging both pedestrian traffic as well as vendors from attending. Furthermore, an inadequate power supply to provide electricity for
some of the vendors resulted in frequent electrical outages due to overloading of the circuits. For these reasons, the Market Company
elected to terminate its Agreement with the City on March 31, 2010.
It should be noted however, that despite the Market Company's experience with this location, it is still determined to be the most viable and
functional for the Collins Park neighborhood, particularly since it is no longer subject to the mostly construction - related interruptions it was
affected by before. Furthermore, on account of the few restaurants in the area, no sidewalk cafes and no local grocery store, a new market
in this location could potentially be expanded to allow for a broader spectrum of products to be sold, including, but not limited to, prepared
foods, arts and crafts, and the inclusion of live entertainment.
Also, while the electrical supply along this section of 22nd Street is still limited to Christmas tree lighting outlets located atop the light poles
along the .north, sidewalk, staff would recommend allowing the use of quiet (whisper) generators by those vendors needing to operate
electrical equipment, such as blenders and toaster ovens. The agreements governing the Green Markets currently preclude the use of
generators so as to mitigate any chance of noise disturbances as well as to minimize opportunities for vendors to engage in the production
and sale of certain prohibited items such as prepared foods. While this provision may still apply to future market agreements involving
Lincoln Road and Normandy Isle, an exception should be considered for Collins Park. .
" SCOPE OF SERVICES
LINCOLN ROAD STREET MARKET
Operate -and manage an open air street market on Lincoln Road, generally located between Washington Avenue and Meridian Avenue;
commonly known and referred to herein as the "Lincoln Road Green Market" (the Market), which shall provide a venue for vendors to sell
and /or provide the approved product list set forth in the attached Exhibit 1 ", which includes products from the following categories:
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a) Plants and cut flowers;
b) Fruits, vegetables, and other edible products and related food items; and'
C) Locally -grown produce, fruits and vegetables.
Maximum Tent Spaces, 40, subject to change by City, at City's sole discretion.
This shall also generally include the rental of booths, tents, tables, signs or space(s).
Interaction and Coordination with Other Lincoln Road Operations and Events: .
Successful proposer will agree and understand that there are other businesses, establishments, operations and events, which are ongoing
or may occur from time to time, within or in close proximity to the Concession Area. As such, successful proposer agrees that it will use its
best efforts to cooperate and coordinate with said businesses, establishments, operations and events so as to minimize the impact to the
respective parties.
During the term of the Agreement, the successful proposer may be required to maintain and pay for one off -duty police officer during hours
' of operation, if required by law or if the City deems necessary, at the City's sole discretion.
The location for loading in and out of the Concession Area(s) shall be determined by the City in the final agreement.
SCHEDULE OF OPERATION
Successful proposer's operations shall be open on the Concession Area, in accordance with the schedule outlined below, weather or events
of force majeure permitting:
Day(s) of Operation: Sundays only
Operating Hours:
Set -Up:
Must not begin earlier than: 7:00 AM and end by 9:00 AM
Market operating hours:
Daylight Savings Time: 9:00 AM to 7:00 PM
Eastern Standard Time: 9:00 AM to 6:00 PM
Move -Out:
Daylight Savings Time: 7:00 PM to 8:00 PM
Eastern Standard Time: 6:00 PM to 7:00 PM
NORMANDY VILLAGE STREET MARKET
Successful proposer shall operate and manage an open air street market on Rue Vendome, commonly known and referred to herein as the
"Normandy Village Street Market" (the Market), which shall provide a venue for vendors to sell and /or provide the approved product list set
forth in the attached Exhibit "2 ", which includes products from the following categories:
A Arts and Crafts Merchandise;
b) Plants and Cut Flowers;
c) Fruits, vegetables, and other edible products and related food items; and
d) Locally -grown produce, fruits and vegetables.
Successful proposer may also have Live Entertainment (non - amplified) during the hours of operation.
Maximum Tent Spaces, 28, subject to change by City, at City's sole discretion.
This shall also generally include the rental of booths, tents, tables, signs or space(s).
Any live entertainment that is provided by successful proposer shall be limited to: solo, duo and /or trio performers, unless otherwise
approved, in writing, by the City Manager or his designee.
For purposes of this Agreement, the term "performers" shall include individuals who provide live entertainment by means of no amplified
music with musical instruments, singing, dancing, theatrical and dramatic interpretation, mimes, etc. Notwithstanding the foregoing, the
successful proposer must comply with City and Miami -Dade County Noise Ordinance(s), as well as any other applicable regulation; at all
times.
During the term of the Agreement, the successful proposer may be required-to maintain and pay for one off -duty police officer during hours
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of operation, if required by law or if the City deems necessary, at the City's sole discretion.
If public parking meters will be required to be covered during the time the market is operating, the proposer shall be responsible for covering
the requisite meters and paying the City for the use of said parking spaces:
The location for loading in and out of the Concession Area(s) shall be determined by the City in the final agreement.
SCHEDULE OF OPERATION
Successful proposer's operations shall be open on the Concession Area, in'accordance with the schedule outlined below, weather or events
of force majeure permitting.
Day(s) of Operation: Saturdays, Sundays and /or weekdays
Operating Hours:
Set -Up:
Must not begin earlier than: 7:00 AM
Market operating hours:
Daylight Savings Time: Shall end no later than 6:00 PM
Eastern Standard Time: Shall end no later than' 5:00 PM
Move -Out:
Daylight Savings Time: No later than 7:00 PM
Eastern Standard Time: No later than 6:00 PM
Any change in the days or hours of operation require the prior written consent of the City Manager including, but not limited to, change in the
days "and hours of operation requested pursuant to the Agreement.
ANTIQUES AND COLLECTIBLES MARKETS
Operate and manage an open air street market on Lincoln Road, generally located between Lenox and Meridian Avenue; as well as on
Michigan Avenue between South Lincoln Lane and North Lincoln Lane; and on Jefferson Avenue, between South Lincoln Lane and North
Lincoln Lane, commonly known and referred to herein as the "Lincoln Road Antique and Collectibles Market" (the Market), which shall
provide a venue for vendors to sell and /or provide the following:
a) Antiques;
b). Vintage Goods; and
c) Collectibles
Maximum Tent Spaces, 120, subject to change by City, at City's sole discretion.
This shall also generally include the rental of booths, tents, tables, signs or space(s).
Interaction and Coordination with Other Lincoln Road Operations and Events:
Successful proposer will agree and understand that there are other businesses, establishments, operations and events, which are ongoing
or may occur from time to time,.within or in close proximity to the Concession Area. As such, successful proposer agrees that it will use its
best efforts to cooperate and coordinate with said businesses, establishments, operations and events so as to ,minimize the impact to the
respective parties.
During the term of the Agreement, the successful proposer may be required to maintain and pay for one off -duty police officer during hours
of operation, if required by law or if the City deems necessary, at the City's sole discretion.
If public.parking meters will be required to be covered during the time the market is operating, the proposer shall be responsible for covering
the requisite meters and paying the City for the use of said parking spaces.
The location for loading in and out of the Concession Area(s) shall be determined by the City in the final agreement.
SCHEDULE OF OPERATION
Successful proposer's operations shall be open on the Concession Area, in accordance with the schedule outlined below, weather or events
of force majeure permitting.
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Day(s) of Operation: Sundays only
(Minimum two Sundays per month)
Operating Hours:
Set -Up:
Must not begin earlier than: 7:00 AM and end by 9:00 AM
Market operating hours:
Daylight Savings Time: 9:00 AM to 7:00 PM
Eastern Standard Time: 9:00 AM to 6:00 PM
Move -Out:
Daylight Savings Time: 7:00 PM to 9:00 PM
Eastern Standard Time: 6:00 PM to 8:00 PM
Any change in the days or hours of operation require the prior written consent of the City Manager including, but not limited to, change in the
days and hours of operation requested pursuant to the Agreement.
COLLINS PARK MARKET
Successful proposer shall operate and manage an open air street market, commonly known and referred to herein as the "Collins Park
Street Market" (the Market), which shall provide a venue for vendors to sell and /or provide the following:
a) Arts and crafts merchandise;
b) Plants and cut flowers;
c) Fruits, vegetables, and other edible products and related food items;
d) Prepared food items;
e) Locally -grown produce, fruits and vegetables; and
f) Live entertainment (non - amplified). .
PLEASE NOTE: Final location of the Collins Park Street Market must be mutually agreed upon by City and successful proposer.
This shall also generally include the rental of booths, tents, tables, signs, or space(s).
Any live entertainment that is provided by successful proposer shall be limited to: solo, duo and /or trio performers, unless otherwise
approved, in writing, by the City Manager or his designee.
For purposes of this Agreement, the term "performers" shall include individuals who provide live entertainment by means of no amplified
music with musical instruments, singing, dancing, theatrical and dramatic interpretation, mimes, etc. Notwithstanding, the foregoing,
successful proposer, must comply with City and Miami -Dade County Noise Ordinance(s), and any other applicable regulation, at all times.
During the term of the Agreement, the successful proposer may be required to maintain and pay for one off -duty police officer during hours
of operation, if required by law or if the City deems necessary, at the City's sole discretion.
This site requires quiet (whisper) generators for vendors requiring electricity. As a negotiable term, the proposal shall indicate whether the
proposer or the City will be providing this service.
If public parking meters will be required to be covered during the time the market is operating, the proposer shall be responsible for covering
the requisite meters and paying the City for the use of said parking spaces.
The location for loading'in and out of the Concession Area(s) shall be determined by the City in the final agreement.
SCHEDULE OF OPERATION
Successful proposer's operations shall be open on the Concession Area, in accordance with the schedule outlined below, weather or events
of force majeure permitting.
Day(s) of Operation: Saturdays, Sundays and /or weekdays
Operating Hours:
Set -Up:
Must not begin earlier than: 7:00 AM
Market operating hours:
Daylight Savings Time: No later than 7:00 PM
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Eastern Standard Time: No later than 6:00 PM
Move -Out: .
Daylight Savings Time: No later than 8:00 PM
Eastern Standard Time: No later than 7:00 PM
Any change in the days or hours of operation require the prior written consent of the City Manager including, but not limited to, change in the
days and hours of operation requested pursuant to the Agreement.
OTHER LOCATIONS
Operate and manage an open air street market in a location or locations to be defined by the proposer, which shall provide a venue for
vendors to sell and/or provide the following:
a) Plants and Cut Flowers;
b) Fruits, vegetables, and other edible products and related food items;
c) Prepared food items;
d) Arts and crafts merchandise;
e) Locally -grown produce, fruits and vegetables; and
f) Live entertainment (non - amplified).
This shall also generally include the rental of booths, tents, tables, signs or space(s).
Interaction and Coordination With Other Operations and Events:
Successful proposer will agree and understand that, depending upon the proposed location(s) of the Concession Area(s), there may be
other, businesses, establishments, operations and events, which are ongoing or may occur from time to time, within or in close proximity to
the Concession Area. As such, successful proposer agrees that it will use its best efforts to cooperate and coordinate with said businesses,
establishments, - operations and events'so as to minimize the impact to the respective parties.
Any live entertainment that is provided by successful proposer shall be limited to: solo, duo and /or trio performers, unless otherwise
approved, in writing, by the City Manager or his designee.
For purposes of this Agreement, the term "performers" shall include individuals who provide live entertainment by means of no amplified
music with musical instruments, singing, dancing, theatrical and dramatic interpretation, mimes, etc. Notwithstanding, the foregoing,
successful proposer, must comply with City and Miami -Dade County Noise Ordinance(s), and any other applicable regulation, at all times.
'.During.the term of the Agreement, the successful proposer may be required to maintain and pay for one off-duty police officer during 'hours
of operation, if required by law or if the City deems necessary, at the City's sole discretion.
If the site requires quiet (whisper) generators for vendors requiring electricity, as a negotiable term, the proposal shall indicate whether the
proposer or the City will be providing this service.
If public parking meters will be required to be covered during the time the market is operating, the proposer shall be responsible for covering
the requisite meters and paying the City for the use of said parking spaces.
The location for loading in and out of the Concession Area(s) shall be determined by the City in the final agreement.
: SCHEDULE OF OPERATION
Successful proposer's operations shall be open on the Concession Area(s), in accordance with the schedule outlined below, weather or
events of force majeure permitting.
Day(s) of Operation: , Saturdays, Sundays and /or weekdays
Operating Hours:
Set -Up:
Must not begin earlier than: 7:00 AM
Market operating hours:
Daylight Savings Time: No later than 7:00 PM
Eastern Standard Time: No later than 6:00 PM
Move -Out:
Daylight Savings Time: No later than 8:00 PM
Eastern Standard Time: No later than 7:00 PM
12TI RFP 317 -2013, Street Markets
Vendor Selection / First Priority to Miami Beach Merchants
Within thirty (30) days from the Commencement Date of the Concession Agreement and for a period of thirty (30) days thereafter, the
successful proposer shall offer Miami Beach licensed merchants the opportunity to participate (a booth space in the Market) as vendors,
before opening its search to the general public or other networks. The successful proposer will establish this "pool" and will also serve as the
clearinghouse for booth availability and vendor applicants. The successful proposer shall commit to use this clearinghouse during the 'initial
availability of booth space before expanding its search to other networks.
The successful proposer, will use best efforts to ensure that all Miami Beach licensed merchants are contacted and that announcements
regarding booth availability are disseminated throughout the City of Miami Beach, as quickly as possible so as to take optimum advantage
of the thirty (30) day availability period, including but not limited to, advertising in a local newspaper, placing information on the, Market or
other websites, or other similar efforts.
Rental Fee Schedule
Proposer shall plan to submit a proposed Rental Fee Schedule, outlining the proposed rents to be collected from merchants.
Facilities Design
Proposers shall plan to submit a proposed Facilities Design for their Market set -up, taking into consideration the Site Plan(s) included in the
sample Agreements, attached hereto.
Product List
Proposers shall plan to submit a proposed Product List of items to be featured in their Market(s).
Insurance Requirements Public Liability and Contingent Liability Insurance for bodily injury in the minimum limits of the policy of One
Million Dollars ($1,000,000.00) per person and One Million Dollars each occurrence for bodily injury liability and One Million Dollars
($1,000,000.00) limits for each occurrence on property damage liability.
CONCESSION FEES
Security Deposit
Upon execution of an Agreement, successful proposer shall furnish the City with a Security Deposit, as agreed by the City. Said Security
Deposit shall serve to secure successful proposer's performance in accordance with the provisions of the Agreement. In the event the
successful proposer fails to perform in accordance with the provisions of the Agreement, the City may retain said Security Deposit, as well
as pursue -any and all other available legal remedies.
Percentage of Gross (PG)
During the initial term and any renewal term of the Agreement, the successful proposer shall pay the City, on a monthly basis and within
thirty (30) calendar days from the end of each month, the negotiated percentage of successful proposer's gross receipts (PG).
Minimum Guarantee (MG)
Notwithstanding'the PG payment required, successful proposer shall pay to the City a Minimum Guaranteed Annual Concession Fee (MG).
Additional Fees
Additionally, the successful proposer agrees and understands that a Field Monitor, who will report to and be under the direction of the City,
shall'be provided, on. an as needed basis, to assist and facilitate during set -up times, as well as to monitor the operation of the market
( "Monitoring Fee "). The proposer shall be obligated to pay the City a flat fee of $40.00 per day, to contribute toward this operational
expense.
Proposer should also factor in remitting to the City an amount equal to Five dollars ($5.00) per Market day, plus applicable sales and use
tax, for each vendor location that proposes to use electricity.
Proposer shall also be responsible for reimbursing the City for the cost and expense of pressure cleaning the Concession Area, including all
abutting sidewalks and public right -of -ways adjacent thereto, in the total amount of $100.00 per, quarter.
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SECTION IV— 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 sections and manner specified below. Hard copy submittal
should be presented in a three (3) ring binder and 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.
Minimum
Eligibility Requirements
NIA
Experience & Qualifications.
Qualifications of Proposing Firm. Describe experience and qualifications of the Proposer in performing the services sought in this RFP
or a related business.
The desired qualification of the proposing firm are as follows:
• Experienced operator with proven track record of organizing and managing street markets or related enterprises for a period in
excess of two years.
• Financial capacity to perform services outlined in the RFP including, but not limited to, latest annual reviewedlaudited financial
statements with the auditors notes. The City reserves the right to require additional information to determine financial capability.
-Qualifications of Proposer Team. Provide an organizational chart of all personnel and consultants to be used if awarded, the role that
each team member will play in providing the services detailed herein and each team members' qualifications. A resume of each individual,.
including education, experience, and any other pertinent information, shall be included for each Proposal team member to be assigned to,
this contract.
Proposal "Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully completed and executed.
`Through the information provided in Appendix A, proposer's financial capacity, litigation history, past performance, as well as other factors,
may be assessed.
Scope of Services & Methodology
Submit detailed information on how proposer plans to accomplish the required scope of services, including detailed information, as
applicable, on proposed solution(s), approach and methodology to project implementation, project timeline and any other factor that may
impact the successful completion of the project.
Submit a detailed proposed statement of work, categorized by specific deliverables, which will accomplish the required scope of services
in the timeliest manner possible.
Revenue Sharing Proposal
Submit completed and executed Revenue Sharing Proposal (Appendix G) for each location for which a proposal is submitted. In
evaluating the Revenue Sharing Proposals, the City will award points, based on the formula established in Section V, for the proposed
minimum annual guarantee.
SECTION V — EVALUATION 1 SELECTION PROCESS
The procedure for response, evaluation and selection will be as follows:
The RFP will be issued
1. A Pre - Proposal Submission Meeting with potential Proposers will be conducted.
2. All timely received Proposals will be opened and listed.
3. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with - the
requirements set forth in the RFP. If further information is desired, Proposers may be requested to make additional written
submissions or oral presentations to the Evaluation Committee. The evaluation of proposals will proceed in a two -step process.
4. The first step will consist of the qualitative criteria listed below to be considered,by the Evaluation Committee. The second step will
consist of quantitative criteria established below to be added to the Evaluation Committee results by the Department of
Procurement Management.
Step 1 Evaluation. An Evaluation Committee, appointed by the City Manager, .shall meet to evaluate each Proposal in
accordance with the qualifications criteria established below for Step 1, Qualitative Criteria. In doing so, the Evaluation Committee
may:
a. Review and score all proposals received, with.or without conducting interview sessions; or
b. Review all proposals received and short -list one or more proposers to be further considered during subsequent interview
session(s) (using the same criteria).
14 RFP 317 -2013, Street Markets
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Points Step I - Qualitative Criteria Maximum
Proposer Experience and Qualifications, including Financial Capability 35
Reference as to Experience and Qualifications 15
Approach and Methodology 35
POINTS TOTAL AVAILABLE STEP I
5. Step 2 Evaluation. Following the results of Step 1 Evaluation Qualitative criteria, the proposers may receive additional points to
be added by the Department of Procurement Management to those points earned in Step 1, as follows.
Step 2 - Quantitative Criteria
Quantitative Criteria
Cost Proposal 15
Local and Veterans Preference
Miami Beach -Based Vendor 5
Veterans and State - Certified Service - Disabled Veteran 5
Business Enterprises
6. The cost proposal shall be developed in accordance with the following formula:
Y Sample Objective Formula for Cost
Vendor Vendor Example Maximum Formula for Calculating Points Total Points
Cost Allowable Points (lowest cost 1 cost of proposal being Awarded
Proposal evaluated X maximum allowable
points = awarded points)
Vendor A $100.00 15 $1001$100 X 15 = 20 15
Vendor B
$150-00 15 $1001$150 X 15 =10 10
Vendor C $200.00 15 $1001$200 X 15 = 8 8
7. The final ranking results of Step 1 & 2 will be forwarded to 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. The City Manager's recommendation need not be consistent with the
scoring results identified herein and takes into consideration Miami Beach City Code Section including the following
considerations:
(1) The ability, capacity and skill of the bidder to perform the contract.
(2) Whether the bidder can perform the contract within the time specified, without delay or interference.
(3) The character, integrity, reputation, judgment, experience and efficiency of the bidder.
(4) The quality of performance of previous contracts.
(5) The previous and existing compliance by the bidder with laws and ordinances relating to the contract.
8. The City Commission shall consider the City Manager's recommendation and, if appropriate, 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.
10. Negotiations between the City and the selected Proposer(s) will take place. to arrive at a mutually acceptable Agreement. If the
City Commission has so directed, the City may proceed to negotiate an Agreement with a proposer other than the top- ranked
proposer.
11. The final proposed agreement(s) will be presented to the City Commission for approval.
12. If the agreement(s) are approved by the City Commission, the Mayor and City Clerk shall execute' the contract(s), after the
Proposer (or Proposers) has (or have) done so.
BY SUBMITTING A PROPOSAL, ALL PROPOSERS SHALL BE DEEMED TO UNDERSTAND AND AGREE THAT NO PROPERTY
INTEREST OR LEGAL RIGHT OF ANY KIND SHALL BE CREATED AT ANY POINT DURING THE AFORESAID
EVALUATIONISELECTION PROCESS UNTIL AND UNLESS A CONTRACT HAS BEEN AGREED TO AND SIGNED BY BOTH
PARTIES.
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SECTION VI - SPECIAL TERMS AND CONDITIONS: INSURANCE REQUIREMENTS
The Provider shall furnish to the Department of Procurement, City of Miami Beach, 1700 Convention Center Drive, 3rd
Floor, Miami, Florida 33139, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which
meets the requirements as outlined below:
A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440.
B. Commercial General Liability Insurance on a comprehensive basis, including Personal Injury Liability,
Products /Completed Operations, in an amount not less than $1,000,000 combined single limit per
occurrence for bodily injury and property damage. City of Miami Beach must be shown as an
additional insured with respect to this coverage.
C. Automobile Liability .Insurance covering all owned, non -owned and hired vehicles used in connection
with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily
injury and property damage.
All insurance policies required above shall be issued by companies authorized to do business .under the laws of the
State of Florida, with the following qualifications:
The company must be rated no less than "B" as to management, and no less than "Class W as to
financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company,
Oldwick, New Jersey, or its equivalent, subject to the approval of the City Risk Management Division.
or
The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance
Companies Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of
Insurance and are members of the Florida Guaranty Fund.
Certificates will indicate no modification or change in insurance shall be made without thirty (30) days in advance notice
Jo the certificate holder.
CERTIFICATE HOLDER MUST READ:
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE
3RD FLOOR
MIAMI BEACH, FL 33139
Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section
or under any other section of this agreement.
16 RFP 317 -2013, Street Markets
Q� r BEACH
SECTION VII — GENERAL CONDITIONS 7.9 OBSERVANCE OF LAWS" 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
7.1 VOLUNTARY AGREEMENT. By virtue of submitting a response and decrees of bodies or tribunals having jurisdiction or authority
to this ITN, Proposer agrees to be bound by all terms and which, in any manner, may affect the scope of services and/or
conditions of this solicitation and all applicable regulations and project contemplated by this ITN (including, without limitation,
requirements of the Miami Beach City Code, as included herein the Americans with Disabilities Act, Title VII of the Civil Rights
or in the full Code available at Act, the EEOC Uniform Guidelines, and all EEO regulations and
http: / /library.inunicode .corn /index.aspx ?clientld = 1 3097. guidelines). Ignorance of the law(s) on the part of the Proposer
will in no way relieve it from responsibility for compliance.
7.2 MODIFICATION/WITHDRAWALS OF PROPOSALS. A
Proposer may submit a modified Proposal to replace all or any 7.10 DEFAULT. Failure or refusal of the successful Proposer to execute
portion of a previously submitted Proposal up until the Proposal a contract following approval of such contract by the City
due date and time. Modifications received after the Proposal due Commission, or untimely withdrawal of a Proposal before such
date and time will not be considered. Proposals shall be award is made and approved, may result in forfeiture of that
irrevocable until contract award unless withdrawn in writing prior Portion of any surety required as liquidated damages to the City.
to the Proposal due date, or after expiration of 120 calendar days Where surety is not required, such failure may result in a claim
from the opening of Proposals without a contract award. Letters for damages by the City and may be grounds for removing the
of withdrawal received after the Proposal due date and before Proposer from the City's vendor list.
said expiration date, and letters of withdrawal received after
contract award will not be considered. 7.11 CONFLICT OF INTEREST. All Proposers must disclose, in their
Proposal, the name(s) of any officer, director, agent, or '
7.3 ITN POSTPONEMENT /CANCELLATION /REJECTION. The immediate family member (spouse, parent, sibling, and child)
City may, at its sole and absolute discretion, reject any and all, or who is also an employee of the City of Miami Beach. Further, all
parts of any and all, Proposals; re.- advertise this ITN; postpone or Proposers must disclose the name. of any City employee who
cancel, at any time, this ITN process; or waive any irregularities owns, either directly or indirectly, an interest of ten (10 %)
in this ITN, or in any Proposals received as a result of this ITN. percent or more in the Proposer entity or any of its affiliates.
7.4 COSTS' INCURRED BY PROPOSERS. All expenses involved 7.12 PROPOSER'S RESPONSIBILITY. Before submitting a Proposal,
with the preparation and submission of Proposals, or any work each Proposer shall be solely responsible for making any and all
performed in connection therewith, shall be the sole investigations, evaluations, and examinations, as it deems
responsibility (and shall be at the sole cost and expense) of the necessary, to ascertain all conditions and requirements affecting
Proposer, and shall not be reimbursed by the City. - the full performance of the contract. Ignorance of such
conditions and requirements, and/or failure to make such
7.5 EXCEPTIONS TO ITN. Proposers must clearly indicate any evaluations, investigations, and examinations, will not relieve the
exceptions they wish to take to any of the terms in this ITN, and Proposer from any obligation to comply with every detail and
with all provisions and requirements of the contract, and will not
outline what, if any, alternative is being offered. All exceptions
- be accepted as a basis for any subsequent claim whatsoever for
and alternatives shall be included and clearly delineated, in
writing, in the Proposal. The City, at its sole and absolute any monetary consideration on the part of the Proposer.
discretion, may accept or reject_any or all exceptions and
alternatives. In cases in which exceptions and alternatives are 7,13 RELATIONSHIP TO THE CITY. It is the intent of the City, and
rejected, the City shall require the Proposer to comply with the Proposers hereby acknowledge and agree, that the successful
particular term and/or condition of the ITN to which Proposer Proposer is considered to be an independent contractor, and that
took exception to (as said term and /or condition was originally neither the Proposer, nor the Proposer's employees, agents,
set forth on the ITN). and/or contractors, shall, under any circumstances, be considered
employees or agents of the City.
7.6 FLORIDA PUBLIC RECORDS LAW Proposers are hereby 7.14 PUBLIC ENTITY CRIME. A person or affiliate who has been
notified that all Proposals including, without limitation, any and
all information and documentation submitted therewith, are placed on the convicted vendor list following a conviction for
exempt from public records requirements under Section public entity crimes may not submit a bid on a contract to provide
1 19.07(1), Florida Statutes, and s. 24(a), Art. I of the State any goods or services to a public entity, may not submit a bid on
Constitution until such time as the City provides notice of an a contract with a public entity for the construction or repair of a
intended decision or until thirty (30) days after opening of the public building or public work, may not submit bids on leases of
Proposals, whichever is earlier. real property to public entity; may not be awarded or perform
work as a contractor, supplier, sub - contractor, or consultant under
7.7 NEGOTIATIONS. The City reserves the right to enter into a contract with a public entity, and may not transact business with
further negotiations with the selected Proposer. Notwithstanding any public entity.in excess of the threshold amount.provided in
the preceding, the City is in no way obligated to enter into a Sec. 287.017, for CATEGORY TWO for a period of 36 months
contract with the selected Proposer in the event the parties are from the date of being placed on the convicted vendor list. By
virtue of submitting a response to this ITN, proposer certifies that
unable to negotiate a contract. It is also understood and
acknowledged by Proposers that by submitting a Proposal, no it has not committed any Public entity crime or been placed on
property interest or legal right of any kind shall be created at any any convicted vendor list.
time until and unless a contract has been agreed to; approved by 7.15 COMPLIANCE WITH THE CITY'S LOBBYIST LAWS. This
the City; and executed by the parties.
ITN is subject to, and all Proposers are expected to be or become
7.8 PROTEST PROCEDURE. Proposers that are not selected may familiar with, all City lobbyist laws. Proposers shall be solely
protest any recommendation for selection of award in accordance responsible for ensuring that all City lobbyist laws are complied
with the proceedings established pursuant to the City's bid protest th and shall be subject t any and all sanctions, ti a s on of their
prescribed
procedures (Ordinance No. 2002- 3344), as codified in Sections 2- therein, including, without limitation, disqualification
370 and 2 -371 of the City Code. Protests not timely made Proposals, in the event of such non - compliance.
pursuant to the requirements of Ordinance No. 2002 -3344
shall be barred.
17 RFP 317 -2013, Street Markets -
m 1v'dANAd BEACH
7.16 DEBARMENT AND SUSPENSION ORDINANCE. This ITN public building or public work, may not submit a proposal on
is subject to, and all Proposers are expected to be or become leases of real property to a public entity, may not be awarded or
familiar with, the City's Debarment and Suspension Ordinance perform work as a contractor, supplier, subcontractor, or
(as adopted pursuant to Ordinance No. 200 -3234, and as codified consultant under a contract with any public entity, and may not
in Sections 2 -397 through 2 -406 of the City Code, or as amended transact business with any public entity in excess of the threshold
from time to time). - amount provided in Section 287.017 for CATEGORY TWO for a
period of 36 months from the date of being placed on the
7.17 AMERICAN WITH DISABILITIES ACT (ADA). Call 305 -673- convicted vendor list. By submitting response to this solicitation
7490NOICE to - request material in accessible format; sign proposer certifies that it has not been convicted of a public entity
language interpreters (five days in advance when possible), or crime.
information on access for persons with disabilities. For more
information on ADA compliance, please call the Public Works 7.26 USE OF OTHER CONTRACTS. City reserves the right to
Department, at 305- 673 -7631. utilize any other City contract, any State of Florida Contract, any
contract awarded, by any other city or county governmental
7.18 ACCEPTANCE OF GIFTS, FAVORS, SERVICES. Proposers agencies, other City, other community City/state university
shall not offer any gratuities, favors, or anything of monetary system cooperative agreements, or to directly negotiate /purchase
value to any official, employee, or agent of the City, for the per City policy, as currently enacted or as amended from time to
purpose of influencing consideration of this Proposal. Pursuant time, in lieu of any offer received or'award made as a result of
to See. 2 -449 of the City Code, no officer or employee of the City this solicitation if it is in its best interest to do so.
shall accept any gift, favor or service that might reasonably tend
improperly to influence him in the discharge of his official duties. 7.27 SOLICITATION and ADDENDA. It is the sole responsibility of
the proposer to assure it has received the entire solicitation
7.19'GOVERNING LAW / VENUE. This solicitation, and any package and any and all Addenda. No submissions made after the
award(s) resulting from same, shall be governed by and construed proposal opening, amending or supplementing the proposal shall
under the laws of the State of Florida and must have venue be considered.
established in the I1 Judicial Circuit Court of Miami -Dade
County, Florida.
............................................ ...............................
............................................ ...............................
............................................ ...............................
............................................ ...............................
7.20 AL REQUIREMENTS. Proposer LEG QU REMENTS. agrees to be in full g
P
compliance with an federal state count and local laws
P Y
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ordinances rules regulations or codes that in an manner affect
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Beach Code available at
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A
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knowledge b the proposer will in no way be a cause for relief
g Y P P Y
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7.21
proposer r no t
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ADVER S NG
P g
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to use the result s P Y therefrom as a art of an commercial
without approval f it
advertising rt prior written a o a o C
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7.22 PATE T INT L RIGHTS AND ROYALTIES. N S ELLECTUA YALTIES. G O
r er without exception, shall indemnify an save harmless
0 os ut exce t o s a d s
P P P
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City and its employees from liability of an nature or kind
Y tY Y
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including os and expenses o 0 o a co
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at nted or n n d invention process, article
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i proposer uses a design, including its use City. If the o os n des device,
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r mat rials c lee atent or o e covered b letters, Y P copyright or other
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intellectual ri ll understood a r
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exception that the solicitation prices shall include all royalties or
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arising fro e f such design, device or materials in
cost rn the use o s e
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involved r
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In f conflict between the documents t
7.23 DISPUTES. the event o a co e
ri ri documents shall be as follows:
rder of o f the docur e is s a
0 0
priority
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a. agreement resulting o the award o t
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latest precedence cedence and
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thereafter; t
chronologically
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r al.
d. pro poser's proposal. P P
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7 24 In case o a other doubt or opinion, t d
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7
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2 Section 8 133 _ a o
. 5 PUBLIC EN RIMES. Sect
ENTITY CRIMES.
r a amended from time to time,
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• P Y P
18 RFP 317 -2013, Street Markets
APPENDIX A
tAIMI �i-!---FAC-
Proposal Certification.
Questionnaire &
Reclu Affidavit
R F P 2013 -317 M E
MANAGEMENT AND OPERATIONS OF
STREET MARKETS
DEPARTMENT OF PROCUREMENT MANAGEMENT
1700 Convention Center Drive
Miami Beach, Florida 33139
m ; AA.1BEACH
Page 19
RFP 2013- 317ME, Management and Operations of the Street Markets
APPENDIX A
PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT
Solicitation No: 2013 -317ME Solicitation Title: Management and Operations for Street Markets
Procurement Contact: Maria Estevez Tel: 305 - 673 -7234 Email:mestevez @miamibeachfl.gov
PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT
Purpose: 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.
This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted
fully completed and executed.
1. - General Proposer Information.
FIRM NAME:
No of Years in Business: No of Years in Business Locally: No. of Employees:
OTHER NAME(S) BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS:
FIRM PRIMARY ADDRESS (HEADQUARTERS):
CITY:
STATE:
TELEPHONE NO.:
TOLL FREE NO.:
FAX NO.:
FIRM LOCAL ADDRESS:
CITY: .
STATE:
PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:
ACCOUNT REP TELEPHONE NO.:
ACCOUNT REP TOLL FREE NO.:
ACCOUNT REP EMAIL:
FEDERAL TAX IDENTIFICATION NO.:
The City reserves the right to seek 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.
Page 20
RFP 2013- 317ME, Management and Operations of the Street Markets
APPENDIX A
PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT
2. Miami Beach Based (Local) Vendor. Is proposer a Miami Beach based firm?
YES NO
SUBMITTAL REQUIREMENT: Proposers claiming Miami Beach vendor status shall submit a Business Tax Receipt issued
by the City of Miami Beach, as required pursuant to ordinance 2011- 3747„ to demonstrate that the Proposer is a Miami
Beach Based Vendor.
3: Veteran Owned Business. Is proposer a veteran owned business?
D YES O NO
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 -3748.
4. Financial Capacity. Proposers shall submit a Dun & Bradstreet Duns Number (D -U -N -S #). The City may request one or
more D &B reports to assess proposer's financial capacity or may request other information (e.g., audited and other
financial statements) after proposal submittal in order to assess financial capacity. If firm is not currently registered at D &B,
contact D & B at 1- 800 - 234 -3867 to register your company.
SUBMITTAL REQUIREMENT: Proposer shall submit Dun & Bradstreet Duns Number
(D -U -N -S #):
Note: The City may require other financial information (e.g., audited financial statements, bonding capacity, credit history,
etc.), as part of the solicitation submittal requirements or during the evaluation process, as necessary to evaluate financial
capacity.
5. Litigation History. Proposer shall submit a statement of any litigation or regulatory action that has been filed against your
firm(s) in the last five years. If an action has been filed, state and describe the litigation or regulatory action filed, and
identify the court or agency before which the action was instituted, the applicable case or file number, and the status or
disposition for such reported action. If no litigation or regulatory action has been filed against your firm(s), provide a
statement to that effect. If "No" litigation or regulatory action has been filed against your firm(s), please provide a statement
to that effect. Truthful and complete answers to this question may not necessarily disqualify a firm from
consideration but will be a factor in the selection process. Untruthful, misleading or false answers to this question
shall result in the disqualification of the firm for this project. ,
SUBMITTAL REQUIREMENT: Proposer shall submit history of litigation or regulatory action filed against proposer, or any
proposer team member firm, in the past five (5) years. If Proposer has no litigation history or regulatory action in the past 5
years, submit a statement accordingly.
6. References & Past Performance. Proposer shall submit at - least three (3) references for whom the proposer has
completed work similar in size and nature as the work referenced in solicitation. Additionally, Proposer should provide
. reference with the Contractor Client Survey provided as an attachment to the solicitation, and request that your reference
submit the completed.survey to directly to the contracting officer named in the solicitation. In order to be considered,
surveys must be sent to the Procurement. Division directly by the reference. The city will not accept client surveys
sent to the Procurement Division by the Proposer. A minimum of three (3) references are required.
SUBMITTAL REQUIREMENT: Proposer shall submit a minimum of three (3) references, including the following
information: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6)
Narrative on Scope of Services Provided. Additionally, each reference should submit Contractor Client Survey included in
the solicitation directly to the City Proposer may submit additional references and ask that additional references submit
client surveys as applicable.
OF /' , A1A.;V,I EACH
Page 21
RFP 2013- 317ME, Management and Operations of the Street Markets
APPENDIX A
PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT
7., Suspension, Debarment or Contract Cancellation. Has proposer ever been debarred, suspended or other legal
violation, or had a contract cancelled due to non - performance by any public . sector agency?
= YES = NO
SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that
led to action(s).
8. 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 ITN. 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.
9. 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 Division with its
bid /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 submit firm's 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 www.miamibeachfi.gov /procurement/.
10. Living Wage. Pursuant to Section 2 -408 of the Miami Beach City Code, as same may be amended from time to time,
proposers shall be required to pay all employees who provide services pursuant to this Agreement, the hourly living wage
rates listed below:
• Commencing with City fiscal year 2012 -13 (October 1, 2012), the hourly living rate will be $11.28/hr
with health benefits, and $12.92/hr without 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 bid, 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 www.miamibeachfl.gov /procurement/.
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit. document, Proposer
agrees to the living wage requirement.
11. 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 bids, 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.
m t h,l-H-!V'1'BF1- .CH
Page 22
RFP 2013- 317ME, Management and Operations of the Street Markets
i
i
APPENDIX A
PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT
A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees?
YES 0 NO
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?
=.YES 0 NO
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
www .miamibeachfl.gov /procuremenY.
12.• 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 bid, proposal, or reply on a contract,to provide any goods or services to a public entity; may not
submit a bid, 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 bids, 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: No additional submittal is required. By virtue of executing this affidavit document, proposer
agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor
list.
12. 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, PublicPurchase.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 addendum 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
If additional confirmation of addendum is required, submit under separate cover.
m 1v'dA, Ad BEACH
Page 23
RFP 2013- 317ME, Management and Operations of the Street Markets
APPENDIX A
PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT
DISCL OSURE •
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 RFP, 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 RFP, 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 acceptor 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.
Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including
financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers,
directors, shareholders, partners and employees, as requested by the City in its discretion.
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.
The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any -
award will be made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and
Disclaimer, is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals submitted .
to the City pursuant to this RFP are submitted at the sole risk and responsibility of the party submitting such Proposal.
This RFP is made subject to correction of errors, omissions, or withdrawal from the market without notice. Information is for guidance
only, and does not constitute all or any part of an agreement.
The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the
applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of
the'definitive agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for
any reason,, or for no reason, without any resultant liability to the City.
The City is governed by the Government -in- the - Sunshine Law, and all Proposals and supporting documents shall be subject to
disclosure as required by such law. All Proposals shall be submitted in sealed bid form and shall remain confidential to the extent
permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the
_City shall become public records.
Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal, the
Proposer .acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to
substantiate or supplement information contained in the Proposal, and authorizes the release to the City of any and all information
sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and
complete, to the best of its knowledge, information, and belief.
Notwithstanding the foregoing or anything contained in the RFP, all Proposers agree that in the event of a final unappealable
judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this RFP, or any response thereto, .
or any action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed -upon and liquidated
damages. The previous sentence, however, shall not be construed to circumvent any of the other, provisions of this Disclosure and
Disclaimer which imposes no liability on the City.
In the event of any differences in language between this Disclosure and Disclaimer and the balance of the RFP, it is understood that
the provisions of this Disclosure and Disclaimer shall always govern. The RFP and any disputes arising from the RFP shall be
governed by and construed in accordance with the laws of the State of Florida.
m i'v';i,= P,1`, BEACH
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RFP 2013- 317ME, Management and Operations of the Street Markets
APPENDIX A
PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT .
PROPOSER CERTIFICATION
I hereby certify that: I, as an authorized agent of the Proposer, am submitting the following information as my firm's
proposal; Proposer agrees to complete and unconditional acceptance of,the terms and conditions of this document,
inclusive of this ITN, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and
the Disclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and
conditions contained in the ITN, and any released Addenda and understand that the following are requirements of this
SOLICITATION and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged,
discussed, or compared the proposal with other Proposers and has not colluded with any other proposer or party to any
other proposal; proposer acknowledges that ail information contained herein is part of the public domain as defined by
_ the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal,
inclusive of the Proposal Certification, Questionnaire and Requirements Affidavit are true and accurate.
Name of Proposer's Authorized Representative: Title of Proposers Authorized Representative:
Signature of Proposer's Authorized Representative: Date:
State of FLORIDA ) On this day of 20_, personally
appeared before me who
County of ) stated that (s)he is the of
a corporation, and that the instrument 'was signed in behalf of the said
corporation by authority of its board of directors and acknowledged said.instrument to be its voluntary
act and deed. Before me:
Notary Public for the State of
My Commission Expires:
m , , ` v 1 dH.Nr,.!SFACH
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RFP 2013- 317ME, Management and Operations of the Street Markets
MIAMIBEACH
Appendix B
Contractor Client Survey
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gbv
PRO_ CUREMENT DIVISION
Tel: 305- 673 -7000 ext. 6652, Fax: 786 - 394 -4075
To Whom It May Concern:
The City of Miami Beach (City) has implemented a process that collects past performance information on contractors interested in
providing service to the City. Your firm has been named by the contractor named below as a current or past client. It is kindly
requested that you complete this form and submit it directly to the City by the due date noted below. Client surveys received directly
from the contractor will not be considered. Please evaluate the performance of the company (10 means you are very satisfied and
have no questions about hiring them again, and 1 is if you would never hire them again because of very poor performance). 'If you .
don't know, please leave blank.
Contractor:
RFP No.: 2013 -317ME RFP Title: Mana ement and Operations of Street Markets
Client Survey Due Date: City Contact: Submittal Information:
October 17, 2013 Maria Estevez, CPPB, CPPO City of Miami Beach
305- 673 -7000, Extension 6558 Procurement Division
786- 394 -4002, Fax 1700 Convention Center Drive
mestevez @miamibeachfl.gov Miami Beach, Florida 33139
Client Name: Client Contact:
Dates of Service: Project Value:
Project Description:
Contractor Performance Evaluation
Criteria Unit Score
(1 -10)
How satisfied were you with qualifications and professionalism of the contractor's personnel, (1 -10)
1 subcontractors and agents in completing the project requirements?
2 How satisfied were you with'the project completion timeline? 1 -10
3 How satisfied were you with the services provided by the contractor? 1 -10
How satisfied were you with the approach and methodology utilized by the contractor in (1 -10)
4 completing the agreed to services, including any innovative approach undertaken to achieve
p roject requirements, within or below costs and within schedule?
5 Overall, how satisfied were you with the services, approach and costs paid to the contractor? 1 -10)
Additional Comments / Information:
BEACH
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RFP 2013- 317ME, Management and Operations of the Street Markets
APPENDIX C
Lincoln Road Street Market Product List
Products listed as part of this Exhibit are not intended to be outside of the stated definitions
of Cut'Flowers and Plants and Fruits, Vegetables, Other Edible Products. Edible Products
.must not include commercially -made products.
Baked Goods
Bonsai
Cheese
Christmas Trees — table top or small sized
Cut Flowers
Fish & Shellfish as produce
Food Products (imported, handmade)
Fruits & Vegetables
Guacamole
Handmade Candies
Herbs & Spices .
Honey
Jams & Jellies
Kettle Corn
Nuts
Oils & Marinades
Orchids
Organic Food Products
Plants & Trees
Popcorn
Smoothies, Fruit Juice & Lemonade
Topiaries.
Vegan Products
Vegetarian Soy Meat
Water Gardens
Locally -grown produce, fruits and vegetables
Page 27 -
RFP 2013- 317ME, Management and Operations of the Street Markets
APPENDIX D
Normandy Village Street Market Product List
Products listed as part of this Exhibit are not intended to be outside of the stated definitions
of Arts- and Crafts; individually hand - crafted and not commercially mass produced, Cut
Flowers and Plants; and Fruits, Vegetables, Other Edible Products. Edible Products must
not include commercially -made products.
Baked Goods
Bonsai
Candles
Cheese
Christmas Trees — table top or small sized
Cut Flowers
Ethnic Products (i.e. clothing— not commercially.mass produced)
Fish & Shellfish as produce
Fruits & Vegetables
Guacamole
Candies (handmade)
Herbs & Spices
Honey
Food Products (imported, handmade)
Jams & Jellies
- Jewelry
Kettle Corn
N uts
Oils & Marinades
Orchids
Organic Food Products
Original Artwork
Plants & Trees
Popcorn
Potpourri (handmade)
Smoothies, Fruit Juice & Lemonade
Soaps (natural, handmade)
Topiaries
Vegan Products
Vegetarian Soy Meat
Water Gardens
Hand -made candles
Home -Made Dog products, including dog food
Locally -grown produce, fruits and vegetables
m " / 13 ACH _
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RFP 2013- 317ME, Management and Operations of the Street Markets
APPENDIX E
Collins Park and .Other Locations
Street Market Product List
Products listed as part of this Exhibit are not intended to be outside of the stated definitions
of Arts and Crafts; individually hand- crafted and not commercially mass produced, Cut
Flowers and Plants; and Fruits, Vegetables, Other Edible Products. Edible Products must
not include commercially -made products.
Baked Goods
Bonsai
Candles
Cheese
Christmas Trees — table top or small sized
Cut Flowers
Ethnic Products (i.e. clothing — not commercially mass produced)
Fish & Shellfish as produce
Fruits & Vegetables
Guacamole
Candies (handmade)
Herbs & Spices
Honey
Food Products (imported, handmade),
Jams & Jellies
Jewelry
Kettle Corn
Nuts
Oils_ & Marinades
Orchids
Organic Food Products
Original Artwork
Plants & Trees
Popcorn
Potpourri (handmade)
Smoothies, Fruit Juice & Lemonade
Soaps (natural, handmade)
Topiaries
Vegan Products
Vegetarian Soy Meat
Water Gardens
Hand -made candles
Home -Made Dog products, including dog food
Locally -grown produce, fruits and vegetables
m r '.! /\AdBEACH
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RFP 2013- 317ME, Management and Operations of the Street Markets
1
APPENDIX F
CURRENT MARKET AGREEMENT TERMS
Lincoln Road Green Market
Operator. The Market Company, Inc. — Claire & Don Tomlin (305) 775 -2166
Use :. Open Air Street Market, Plants acid Cut Flowers, Fruits, vegetables, and other edible
products and related food items.
Schedule of Operation: Days: Sundays only
Time: Sunday 9:00am to 6:00pm
Location: Lincoln Road, bet Washington Avenue & Meridian Avenue
Commencement Date: October 1 2006
Initial Term Ending Date: September 30th, 2009
Renewal Term Ending Date: September 30th, 2012 — Extended on a month -to -month basis
Term:
• Initial Term:. Three (3) years
• Renewal Term: Option to renew three (3) additional years. Exercised — Exercised on July 1, 2009.
Security Deposit: $1,400.00
Rent Amount: MG $8,820.00 or 15 % percent of gross receipts, whichever is greater.
• Additional Rent: Field Monitor $19.85 per hour. Reflects renewal term, increase of 5% per
contract year; Pressure cleaning on a quarterly basis paid to the City in the
amount of $100 annually; Electricity @ $4.00• per market day per vendor
requiring the use of electricity
i
{
Normandy Village (Isle) Street Market
Operator: The Market Company, Inc. — Claire & Don Tomlin (305) 775 -2166
Use: Open Air Street Market, Arts and Crafts Merchandise, Plants
and Cut Flowers, Fruits, vegetables, and other edible foods, Live Entertainment
Schedule of Operation: Days: Saturdays Only
Time: Saturday 9:00am to 5:00 pm
Location: Normandy Isle, "Rue Vendome, south side of fountain ;•
Commencement Date: October 1St, 2006 i
Rent Commencement Date: October 1 2006
Initial Term Ending Date: September 30 2009
Renewal Term Ending Date: September 30t 2012
Term:
• . Initial Term: Three (3) years
• . Renewal Term: Option to renew three (3) additional years. Exercised — Exercised on July 1, 2009. }
' t
Security Deposit: $1,400.00 f
Rent Amount: MG $3,675.00 or 15 % percent of gross receipts, whichever is greater.
• Additional Rent: Field Monitor $19.85 per hour. Reflects renewal term, increase of 5% per
contract year; Pressure cleaning on a quarterly basis paid to the City in the
amount of $100 annually; Electricity @ $4.00 per market day per vendor
requiring the use of electricity.
�v�!ANAJ BEACH
Page 30
i
RFP 2013- 317ME, Management and Operations of the Street Markets
Antiques and Collectibles Market
Operator: Production Sud, Inc. — Tony Angione & Lou Bondi (305) 336 -1049
Use: Open Air Street Market - Antiques, Vintage Goods, and /or
Collectibles
Schedule of Operation. Days: Sundays only (twice monthly, October — May)
Time: Sunday 9:0bam to 6:00pm
Location: Lincoln Road, bet Jefferson Avenue & Michigan Avenue
Commencement Date: October 1st, 2006
Initial Term Ending Date: September 30, 2009
Renewal Term Ending Date: September 30, 2012 -- Extended on a month -to -month basis
Term:
• Initial Term: Three (3) years
• Renewal Term: Option to renew three (3) additional years. Exercised _ Exercised on July 1, 2009.
Security Deposit: $2,500.00
Rent Amount: MG $29,400 or 12.5 % gross receipts whichever is greater ,
• Additional Rent: Field Monitor $19.85 Dollars per hour. Reflects renewal term
increase of 5% per contract year; Pressure cleaning on a quarterly basis paid
to the City in the amount of $100 annually; Electricity @ $4.00 per market day
per vendor requiring the use of electricity.
Lincoln Road
Field Monitor required for a minimum of two (2) hours daily on Sunday mornings in order to assist and facilitate during set -up times.
Antiques & Collectibles
Field Monitor required for a minimum of two (2) hours daily on Sunday mornings in order to assist and facilitate during set -up times.
Normandy Isle
Field Monitor required for a minimum of two (2) hours daily on Saturday mornings in order to assist and facilitate during set -up times
i
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RFP 2013- 317ME, Management and Operations of the Street Markets
APPENDIX G
REVENUE / SHARING PROPOSAL
RFP 2013- 317ME, MANAGEMENT AND OPERATION OF THE STREET MARKETS
Proposer must submit completed and executed Revenue Sharing Proposal in the following format. If Revenue Sharing Proposal is
not included in the proposal or submitted in a different format, proposal will be deemed non- responsive. In evaluating the Revenue
Sharing Proposals, the City will award points for the proposed minimum annual guarantee and based on the formula established in
Section V: Additionally, the City reserves the right to negotiate, in addition to the minimum annual guaranteed, a percentage of gross
revenue to be paid to the City.
PROPOSER
- ;
LOCATION MINIMUM ANNUAL GUARANTEE
Lincoln Road Green Market
Normandy Village Isle Market
Antiques & Collectible Market
Collins Park Market
Other Location:
Address:
Other Location:
Address:
Other Location:
Address:
Other Location:
Address:
Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative:
Signature of Proposer's Authorized Representative: Date:
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RFP 2013- 317ME, Management and Operations of the Street Markets