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LTC 162-2018 ISSUANCE OF REQUEST FOR PROPOSALS (RFP) NO. 2018-15MIAM BEACH OFFICE OF THE CITY MANAGER LTC# 162-2018 LETT R TO COMMISSION TO: Mayor Dan Gelber and Members hf the CitCommission FROM: Jimmy L. Morales, City Manag rArab DATE: March 23, 2018 SUBJECT: ISSUANCE OF REQUEST '1 R PROPOSALS (RFP) NO. 2018 -157 -WG WATERLESS CAR WASH CON ESSION BACKGROUND At its October 18, 2017 meeting, the Mayor and City Commission approved a referral (Item C4E) to the Finance and City -Wide Projects Committee (the "Committee") for a discussion on offering waterless car wash services at certain garages. Historically, the City has not offered car wash services at its parking facilities primarily due to environmental issues related to chemical detergents and water runoff issues. However, the car wash industry has evolved over time and these issues have been addressed to a great extent. Car wash services are an amenity at many other parking facilities in the region. These types of services are convenient, customer friendly, and an added revenue stream for the City. After a discussion on the matter, on November 8, 2017 the Committee recommended the Administration pursue the offering of waterless car wash services at the Municipal Parking garages, beginning with pilot phase before full deployment. These services would be deployed as concession agreements with the selected provider. On December 13, 2017, City Commission adopted Resolution No.2017-30099 accepting the recommendations made by the Committee. The parameters for moving forward included: A. Awarding any resulting Concession agreement in two phases. The first phase shall be a pilot program at one or more selected garage(s) for a period of time not to exceed 6 months. The second phase may include, but is not a guarantee, a longer term with an expanded number of garages from which to offer the services. B. A requirement that water usage shall be minimal and any water used be collected and discarded according to law. C. All chemicals utilized shall be non -harmful to the environment and properly disposed to the requirements of the Environmental Protection Agency and Florida Department of Environmental Protection; and Attached is the Request for Proposals (RFP) seeking to receive proposal for the desired services. The pertinent areas of the RFP follow. 2 LTC - REQUEST FOR APPROVAL TO ISSUE A REQUEST FOR PROPOSALS (RFP) NO. 2018 -157 -WG FOR WATERLESS CAR WASH CONCESSION Scope of Services The City wishes to consider providing "waterless car wash services" at one or more of its municipal parking garages as an accessory use to transient and monthly parking customers. It is the intent of the City to award any resulting Concession agreement in two phases. The first phase shall be a pilot program at one or more selected garage(s) for a period of time not to exceed 6 months. The second phase may include, but is not a guarantee, a longer term with an expanded number of garages from which to offer the services. The following City municipal parking garage has been identified as part of the waterless car wash services pilot program (additional parking garages may be added at a later date). • 17 Street Garage On December 13, 2011 City Commission authorized the administration to release the final draft of the RFP via LTC to City Commission and following Commission's acceptance further authorizing the issuance of the RFP. Therefore, attached to this LTC is RFP No 2018 -157 -WG for Waterless Car Wash Concession. SUBMITTAL REQUIREMENTS. Please Reference Section 0300, Page 12, RFP 2018- 157 -WG, for Waterless Car Wash Concession. CRITERIA FOR EVALUATION. Please Reference Section 0400, Page 14, RFP 2018- 157 -WG, for Waterless Car Wash Concession. I would appreciate any comments and/or suggestions you may have by March 27, 2018. Jr/ KGB / S /AD/KB/WG REQUEST FOR PROPOSALS (RFP) WATERLESS CAR WASH CONCESSION 2018 -157 -WG RFP ISSUANCE 'DATE: ,MARCH 20;201 8 PROPOSALS DUE: APRIL 27, 2018 c@ 3:00 PM ISSUED BY: AAI.AM William Garviso, Procurement Contracting Officer II PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor, Miami Beach, FL 33139 305.673.7000 x 6650 1 WilliamGarviso@miamibeachfl.gov I www.miamibeachfl.gov MIAMI BEACH TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED N/A 0200 INSTRUCTIONS TO PROPOSERS & GENERAL CONDITIONS 3 0300 PROPOSAL SUBMITTAL INSTRUCTIONS & FORMAT 12 0400 PROPOSAL EVALUATION 14 APPENDICES: PAGE APPENDIX A PROPOSAL CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS 16 APPENDIX B "NO PROPOSAL" FORM 23 APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS 25 APPENDIX D SPECIAL CONDITIONS 31 APPENDIX E COST PROPOSAL FORM 33 APPENDIX F INSURANCE REQUIREMENTS 35 RFP2018-157-WG 2 MIAMI BEACH SECTION 0200 INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS 1. GENERAL. This Request for Proposals (RFP) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Proposers to submit their qualifications, proposed scopes of work and cost proposals (the "proposal") to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms, conditions and obligations of the Proposers and, subsequently, the successful Proposer(s) (the "contractor[s]") if this RFP results in an award. The City utilizes PublicPurchase (www,publicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this RFP. Any prospective Proposer who has received this RFP by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this RFP. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. On November 8, 2017, the Finance and Citywide Projects Committee endorsed waterless car wash services at municipal parking garages and recommended procuring said services. On December 13, 2017, the Mayor and City Commission accepted the recommendation of the Finance and Citywide Projects Committee to procure waterless car wash services at municipal parking garages and directed the Administration to issue a solicitation. The City wishes to consider providing "waterless car wash services" at one or more of its municipal parking garages as an accessory use to transient and monthly parking customers. The provision of waterless car wash service adds convenience to the customer experience, promotes use of the facility, and provides an added revenue stream to the City beyond parking revenues. "Waterless Car Wash Services" shall be defined as using minimal amounts of water that does not enter the City's storm water system. Through this RFP, the City seeks proposals from qualified firms able to provide the City with the requested services, including an exceptional customer experience and a new revenue stream. In consideration of the City executing an agreement and granting the rights provided in the agreement, the successful contractor shall guarantee and pay to the City a monthly minimum fee to be paid on a monthly basis. Specific requirements and specifications are addressed in Appendix C, Scope of Work, and Appendix D, Special Conditions. There is no budget allocated by the Parking Department as this RFP is meant to generate revenue for the City. It is the intent of the City to award any resulting Concession agreement in two phases. The first phase shall be a pilot program at one or more selected garage(s) for a period of time not to exceed 6 months. The second phase may include, but is not a guarantee, a longer term with an expanded number of garages from which to offer the services. 3. ANTICIPATED RFP TIMETABLE. The tentative schedule for this solicitation is as follows: RFP Issued March 20, 2018 Pre -Proposal Meeting March 30, 2018 @ 10:OOAM Deadline for Receipt of Questions April 18, 2018 @ 5:OOPM 3 RFP2018-157—WG MIAMI BEACH Responses Due April 27, 2018 @ 3:OOPM Evaluation Committee Review TBD Proposer Presentations TBD Tentative Commission Approval Authorizing Negotiations TBD Contract Negotiations Following Commission Approval 4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact: William Garviso, CPPB Telephone: Email: 305 673-7000 #6650 WilliamGarviso • miamibeachfl..ov Additionally, the City Clerk is to be copied on all communications via e-mail at: RafaelGranadoOa,miamibeachfl.gov; or via facsimile: 786-394-4188. The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than ten (10) calendar days prior to the date proposals are due as scheduled in Section 0200-3. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. 5. PRE -PROPOSAL MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre -proposal meeting or site visit(s) may be scheduled. A Pre -PROPOSAL conference will be held as scheduled in Anticipated RFP Timetable section above at the following address: City of Miami Beach Procurement Department Conference Room 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre -Proposal Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1- 888-270-9936 (Toll-free North America) (2) Enter the MEETING NUMBER: 5804578 Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this RFP expressing their intent to participate via telephone. 6. PRE -PROPOSAL INTERPRETATIONS. Oral information or responses to questions received by prospective Proposers are not binding on the City and will be without legal effect, including any information received at pre - submittal meeting or site visit(s). The City by means of Addenda will issue interpretations or written addenda clarifications considered necessary by the City in response to questions. Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through PublicPurchase. Any prospective proposer who has received this RFP by any means other than through PublicPurchace must register immediately with PublicPurchase to assure it receives any addendum issued to this RFP 2018 -157 -WG 4 MIAMI BEACH RFP. Failure to receive an addendum may result in disqualification of proposal. Written questions should be received no later than the date outlined in the Anticipated RFP Timetable section. 7. CONE OF SILENCE. This RFP is subject to, and all proposers are expected to be or become familiar with, the City's Cone of Silence Requirements, as codified in Section 2-486 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Cone of Silence are complied with, and shall be subject to any and all sanctions, as prescribed therein, including rendering their response voidable, in the event of such non-compliance. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelqranado a(�,miamibeachfl.gov 8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions, which may be found on the City Of Miami Beach website: http://web,miamibeachfl.gov/procurement/scroll.aspx?id=79113 • PROTEST PROCEDURES..., .............. ...... .. • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES..................... • CAMPAIGN CONTRIBUTIONS BY VENDORS • CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES .................. • REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR CITY CODE SECTION 2-486 CITY CODE SECTION 2-371 CITY CODE SECTIONS 2-397 THROUGH 2-485.3 CITY CODE SECTIONS 2-481 THROUGH 2-406 CITY CODE SECTION 2-487 CITY CODE SECTION 2-488 CITY CODE SECTION 2-373 • LIVING WAGE REQUIREMENT..,.,..,. ............................... CITY CODE SECTIONS 2 407 THROUGH 2 410 • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY CITY CODE SECTION 2-374 VETERANS AND TO STATE -CERTIFIED SERVICE -DISABLED VETERAN BUSINESS ENTERPRISES_ ........... ............. .......,..„.. ...... ...................„ ........... • FALSE CLAIMS ORDINANCE .......................... CITY CODE SECTION 70-300 • ACCEPTANCE OF GIFTS, FAVORS & SERVICES_ ...... ......... CITY CODE SECTION 2-449 9. 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. 10. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS. This RFP is subject to, and all Proposers are expected to be or become familiar with, all City lobbyist laws. Proposers shall be solely responsible for ensuring that all City lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including, without limitation, disqualification of their responses, in the event of such non-compliance. 11. DEBARMENT ORDINANCE: This RFP is subject to, and all proposers are expected to be or become familiar with, the City's Debarment Ordinance as codified in Sections 2-397 through 2-406 of the City Code, 12, WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS. This RFP is subject to, and all Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their responses, in the event of such non-compliance. RFP 2018 -157 -WG 5 MIAMI BEACH 13. CODE OF BUSINESS ETHICS. Pursuant to City Resolution No.2000-23879, the Proposer shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. 14. 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. 15. POSTPONEMENT OF DUE DATE FOR RECEIPT OF PROPOSALS. The City reserves the right to postpone the deadline for submittal of proposals and will make a reasonable effort to give at least three (3) calendar days written notice of any such postponement to all prospective Proposers through PublicPurchase. 16. PROTESTS. Proposers that are not selected may protest any recommendation for selection of award in accordance with eh proceedings established pursuant to the City's bid protest procedures, as codified in Sections 2- 370 and 2-371 of the City Code (the City's Bid Protest Ordinance). Protest not timely made pursuant to the requirements of the City's Bid Protest Ordinance shall be barred. 17. JOINT VENTURES. Joint Ventures are not allowed. Proposals shall be submitted only by the prime contractor who will serve as the CMR. The City will only contract with the prime contractor who will serve as the CMR. Proposals may, however, identify other sub -contractors or sub -consultants to the prime Proposer who may serve as team members. 18. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City Code Section 2-374, the City shall give a preference to a responsive and responsible Proposer which is a small business concern owned and controlled by a veteran(s) or which is a service -disabled veteran business enterprise, and which is within five percent (5%) of the lowest responsive, responsible proposer, by providing such proposer an opportunity of providing said goods or contractual services for the lowest responsive proposal amount (or in this RFP, the highest proposal amount). Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more proposers which are a small business concern owned and controlled by a veteran(s) or a service -disabled veteran business enterprise constitute the lowest proposal pursuant to an RFP or oral or written request for quotation, and such proposals are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service -disabled veteran business enterprise. 19. DETERMINATION OF AWARD. The final ranking results of Step 1 & 2 outlined in Section 0400, Evaluation of Proposals, will be considered by the City Manager who may recommend to the City Commission the Proposer(s) s/he deems to be in the best interest of the City or may recommend rejection of all proposals. The City Manager's recommendation need not be consistent with the scoring results identified herein and takes into consideration Miami Beach City Code Section 2-369, including the following considerations: (1) The ability, capacity and skill of the Proposer to perform the contract. (2) Whether the Proposer can perform the contract within the time specified, without delay or interference. (3) The character, integrity, reputation, judgment, experience and efficiency of the Proposer. (4) The quality of performance of previous contracts. (5) The previous and existing compliance by the Proposer with laws and ordinances relating to the RFP 2018 -157 -WG 6 MIAMI BEACH contract. The City Commission shall consider the City Manager's recommendation and may approve such recommendation. The City Commission may also, at its option, reject the City Manager's recommendation and select another Proposal or Proposals which it deems to be in the best interest of the City, or it may also reject all Proposals. 20. NEGOTIATIONS. Following selection, 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 no property, contract or legal rights of any kind shall be created at any time until and unless an Agreement has been agreed to; approved by the City; and executed by the parties. 21. POSTPONEMENT/CANCELLATION/ACCEPTANCE/REJECTION. The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, responses; re -advertise this RFP; postpone or cancel, at any time, this RFP process; or waive any irregularities in this RFP, or in any responses received as a result of this RFP. Reasonable efforts will be made to either award the proposer the contract or reject all proposals within one -hundred twenty (120) calendar days after proposal opening date, A proposer may withdraw its proposal after expiration of one hundred twenty (120) calendar days from the date of proposal opening by delivering written notice of withdrawal to the Procurement Department prior to award of the contract by the City Commission. 22. PROPOSER'S RESPONSIBILITY. Before submitting a response, each Proposer shall be solely responsible for making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements, and/or failure to make such evaluations, investigations, and examinations, will not relieve the Proposer from any obligation to comply with every detail and with all provisions and requirements of the contract, and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the Proposer. 23. 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. 24. 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. 24. OCCUPATIONAL HEALTH AND SAFETY. In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this proposal must be accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the manufacturer, 25. ENVIRONMENTAL REGULATIONS. The City reserves the right to consider a proposer's history of citations and/or violations of environmental regulations in investigating a proposer's responsibility, and further reserves the right to declare a proposer not responsible if the history of violations warrant such determination in the opinion of the City. Proposer shall submit with its proposal, a complete history of all citations and/or violations, notices and dispositions thereof. The non -submission of any such documentation shall be deemed to be an affirmation by the Proposer that there are no citations or violations. Proposer shall notify the City immediately of notice of any citation or violation which proposer may receive after the proposal opening date and during the time of performance of any contract awarded to it. RFP 2018 -157 -WG MIAMI BEACH 26. TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes. 27. MISTAKES. Proposers are expected to examine the terms, conditions, specifications, delivery schedules, proposed pricing, and all instructions pertaining to the goods and services relative to this RFP. Failure to do so will be at the Proposer's risk and may result in the Proposal being non-responsive. 28. PAYMENT. Payment will be made by the City after the goods or services have been received, inspected, and found to comply with contract, specifications, free of damage or defect, and are properly invoiced, Invoices must be consistent with Purchase Order format, 29. COPYRIGHT, PATENTS & ROYALTIES. Proposer shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida, If the Proposer uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the proposal prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work, 30. DEFAULT: Failure or refusal of the selected Proposer to execute a contract following approval of such contract by the City Commission, or untimely withdrawal of a response before such award is made and approved, may result in a claim for damages by the City and may be grounds for removing the Proposer from the City's vendor list. 31. MANNER OF PERFORMANCE. Proposer agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Lack of knowledge or ignorance by the Proposer with/of applicable laws will in no way be a cause for relief from responsibility. Proposer agrees that the services provided shall be provided by employees that are educated, trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Proposer agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Proposer further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of Proposer to comply with this paragraph shall constitute a material breach of this contract, Where contractor is required to enter or go on to City of Miami Beach property to deliver materials or perform work or services as a result of any contract resulting from this solicitation, the contractor will assume the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all applicable laws. The contractor shall be liable for any damages or loss to the City occasioned by negligence of the Proposer, or its officers, employees, contractors, and/or agents, for failure to comply with applicable laws, 32. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 33. NON-DISCRIMINATION. The Proposer certifies that it is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. In accordance with the City's Human Rights Ordinance, codified in Chapter 62 of the City Code, Proposer shall prohibit discrimination by reason of race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, and age or disability. RFP 2018 -157 -WG 8 MIAMI BEACH 34. DEMONSTRATION OF COMPETENCY. The city may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a Proposer, including past performance (experience) in making an award that is in the best interest of the City, including: A. Pre -award inspection of the Proposer's facility may be made prior to the award of contract. B. Proposals will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this solicitation, C. Proposers must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this solicitation. D. The terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a Proposer, including past performance (experience), in making an award that is in the best interest of the City, F. The City may require Proposer s to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. 35. ASSIGNMENT. The successful Proposer shall not assign, transfer, convey, sublet or otherwise dispose of the contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to any person, company or corporation, without the prior written consent of the City. 36. LAWS, PERMITS AND REGULATIONS. The Proposer shall obtain and pay for all licenses, permits, and inspection fees required to complete the work and shall comply with all applicable laws, 37. OPTIONAL CONTRACT USAGE. When the successful Proposer (s) is in agreement, other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of government or non-profit agency. 38. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. It is the intent of the City to purchase the goods and services specifically listed in this solicitation from the contractor. However, the City reserves the right to purchase any goods or services awarded from state or other governmental contract, or on an as -needed basis through the City's spot market purchase provisions, 39. DISPUTES. In the event of a conflict between the documents, the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this solicitation; then B. Addendum issued for this solicitation, with the latest Addendum taking precedence; then C. The solicitation; then D. The Proposer's proposal in response to the solicitation. RFP 2018 -157 -WG 9 MIAMI BEACH 40. INDEMNIFICATION. The Proposer shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the contractor or its employees, agents, servants, partners, principals or subcontractors, The contractor shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon, The Proposer expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or termination of this Agreement. 41. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor. 42. FLORIDA PUBLIC RECORDS LAW. Proposers are hereby notified that all Bid including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the proposals, whichever is earlier. Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b) provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided, by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 43. 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. 44. 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. RFP 2018 -157 -WG 10 MIAMI BEACH 45. MODIFICATION/WITHDRAWALS 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. 46. 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). 47. 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. 48. SUPPLEMENTAL INFORMATION. City reserves the right to request supplemental information from Proposers at any time during the RFP solicitation process, unless otherwise noted herein. 49. ADDITIONAL SERVICES. Although this solicitation and resultant contract identifies specific goods, services or facilities ("items"), it is hereby agreed and understood that the City, through the approval of the Department and Procurement Directors (for additional items up to $50,000) or the City Manager (for additional items greater than $50,000), may require additional items to be added to the Contract which are required to complete the work. When additional items are required to be added to the Contract, awarded vendor(s), as applicable to the item being requested, under this contract may be invited to submit price quote(s) for these additional requirements. If these quote(s) are determined to be fair and reasonable, then the additional work will be awarded to the current contract vendor(s) that offers the lowest acceptable pricing. The additional items shall be added to this contract by through a Purchase Order (or Change Order if Purchase Order already exists). In some cases, the City may deem it necessary to add additional items through a formal amendment to the Contract, to be approved by the City Manager. The City may determine to obtain price quotes for the additional items from other vendors in the event that fair and reasonable pricing is not obtained from the current contract vendors, or for other reasons at the City's discretion. Balance of Page Intentionally Left Blank RFP 2018 -157 -WG 11 MIAMI BEACH SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED RESPONSES. One original Proposal (preferably in 3 -ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of proposals. Additionally, ten (10) bound copies and one (1) electronic format (CD or USB format) are to be submitted. The following information should be clearly marked on the face of the envelope or container in which the proposal is submitted: solicitation number, solicitation title, Proposer name, Proposer return address. Proposals received electronically, either through email or facsimile, are not acceptable and will be rejected. 2. LATE BIDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids. Any Bid received after the deadline established for receipt of proposals will be considered late and not be accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays, natural or otherwise. 3. 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 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. Cover Letter & Minimum Qualifications Requirements 1.1 Cover Letter and Table of Contents. The cover letter must indicate Proposer and Proposer Primary Contact for the purposes of this solicitation. 1.2 Proposal Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully completed and executed. Experience & Qualifications 2.1 Qualifications of Proposing Firm. Submit detailed information regarding the firm's history and relevant experience and proven track record of providing the scope of services similar as identified in this solicitation, including experience in providing similar scope of services to public sector agencies. For each project that the Proposer submits as evidence of similar experience, the following is required: project description, agency name, agency contact, contact telephone & email, and year(s) and term of engagement. 2.2 Qualifications of Proposer Team. Provide an organizational chart of all personnel and subcontractors to be used for this project if awarded, the role that each team member will play in providing the services detailed herein and each team members' qualifications. Approach and Methodology 3.1 Submit detailed information addressing how Proposer will achieve the statement of work and technical requirements outlined in Appendix C, Scope of Work, including (but not limited to): • Level of service. • Costs, including incentivizing employee participation • Car Wash Stations, including equipment and equipment storage. • Water Consumption. • Electrical Consumption. • Chemicals. RFP2018-157—WG 12 MIAMI BEACH • Regulatory Permits. • Regulatory Compliance. • Customer Drop-off and Checkout Process. • Customer Service. • Safety and Security Precautions. • Customer Communications. 3.2 Provide details on how any potential run-off of chemicals or water will be contained. Responses shall be in sufficient detail and include supporting documentation, as applicable, which will allow the Evaluation Committee to complete a fully review and score the proposed scope of services. Revenue Proposal Submit a completed Revenue Proposal Form (Appendix E). 4. FINANCIAL CAPACITY. Within three (3) business days of request by the City, each Proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the Proposer. The Proposer shall request the SQR report from D&B at: https://supplierportal.dnb.com/webapp/wcslstoreslservletlSupplierPortal?storeld-11696 Proposers are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each Proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun & Bradstreet at 800-424-2495. 5. ADDITIONAL INFORMATION OR CLARIFICATION. After proposal submittal, the City reserves the right to require additional information from Proposers (or Proposer team members or sub -consultants) to determine: qualifications (including, but not limited to, litigation history, regulatory action, or additional references); and financial capability (including, but not limited to, annual reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal years). RFP 2018 -157 -WG 13 SECTION 0400 PROPOSAL EVALUATION 1. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the requirements set forth in the solicitation. If further information is desired, Proposers may be requested to make additional written submissions of a clarifying nature or oral presentations to the Evaluation Committee. The evaluation of proposals will proceed in a two-step process as noted below. It is important to note that the Evaluation Committee will score the qualitative portions of the proposals only. The Evaluation Committee does not make an award recommendation to the City Manager. The results of Step 1 & Step 2 Evaluations will be forwarded to the City Manager who will utilize the results to make a recommendation to the City Commission. In the event that only one responsive proposal is received, the City Manager, after determination that the sole responsive proposal materially meets the requirements of the RFP, may, without an evaluation committee, recommend to the City Commission that the Administration enter into negotiations. The City, in its discretion, may utilize technical or other advisers to assist the evaluation committee in the evaluation of proposals. 2. Step 1 Evaluation. 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 Procurement Department, 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 review and score all proposals received, with or without conducting interview sessions. Step 1- Qualitative Criteria Maximum Points Proposer Experience and Qualifications Approach and Methodology 30 35 TOTAL AVAILABLE STEP 1 POINTS 65 3. Step 2 Evaluation. Following the results of Step 1 Evaluation of qualitative criteria, the Proposers may receive additional quantitative criteria points to be added by the Procurement Department to those points earned in Step 1, as follows. Step 2 Quantitative Criteria Maximum Points Cost / Revenue Proposal 35 Veterans Preference 5 TOTAL AVAILABLE STEP 2 POINTS 40 RFP 2018 -157 -WG 14 4. Revenue Proposal Evaluation. The cost proposal points shall be developed in accordance with the following formula: Sample Objective Formula for Revenue Points Vendor Vendor Revenue Proposal Example Maximum Allowable Points (Points noted are for illustrative purposes only. Actual points are noted above.) Formula for Calculating Points (cost of proposal being evaluated 1 highest revenue proposal X maximum allowable points = awarded points) Round to Total Points Awarded Vendor A $200 20 $2001$200 X 20 = 20 20 Vendor B $150 20 $1501$200 X 20 =15 15 Vendor C $100 20 $1001$200 X 20 =10 10 5. Determination of Final Ranking. 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 Procurement Department. Step 1 and 2 scores will be converted to rankings in accordance with the example below: Committee Member 1 Committee Member -2 Comrn ittee Member 2 Step 1 Points Ste• 2 Points Total 'Rank Step 1 Points Ste. 2 Points Total Step 1 Points Ste. 2 Points Total Rank..___ ._ Low Aggregate Score Final Ranking* Proposer A 82 22 104 79 22 101 80 22 102 Proposer B 76 15 91 85 15 100 74 15 89 Proposer C' 80 12 92 72 12 84 66 12 78 * 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, which may be different than final ranking results. RFP 2018 -157 -WG 15 APPENDIX A Proposal Certification, Questionnaire & Requirements Affidavit RFP 2018 -157 -WG WATERLESS CAR WASH CONCESSION PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 RFP 2018 -157 -WG 16 Solicitation No: RFP 2018 -157 -WG Solicitation Title: WATERLESS CAR WASH CONCESSION Procurement Contact: William Garviso, CPPB Tel: (305) 673-7000 #6650 Email: WilliamGarviso@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) PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS (HEADQUARTERS): CITY: STATE: ZIP CODE: TELEPHONE NO.: TOLL FREE NO,: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: ZIP CODE: 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. RFP 2018-157—WG 17 1, Veteran Owned Business. Is Proposer claiming a veteran owned business status? YES 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. 2. Conflict Of Interest. All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates 3. References & Past Performance. Proposer shall submit at least three (3) references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided. 4. Suspension, Debarment or Contract Cancellation. Has Proposer ever been debarred, suspended or other legal violation, or had a contract cancelled due to non-performance by an 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). 5. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub -consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 6. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Department with its proposal/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall 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 http://www. miamibeachfl.gov/city-hall/procurement/procurement-related-ordinance-and-procedures/ RFP 2018-157—WG 18 7. Living Wage. Pursuant to Section 2 quired living -wage rates listed below- 1 Effective January 1, 2018, covered employees must be pal health care b benefits. 2. Effective January 1, 2019, covered employees must be pal - - ''' - - ea c amended from tine to time, overed o less than $11.70 per hour -with benefits. benefits. A AA0. .e. r hour, or a living wage rate of no less than$15.00 per ha using the Consumer Price Index for all Urban Consumers (CPI U) Miami/Ft. Lauderdale, i d three percent (3%). The G'+„ m y -also, by e-indexe eal r -e came (in a particular -year), Propos and available at nsive, and may further su .. t. 8. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over $100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide "Equal Benefits" to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES 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 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 Employees with Spouses Firm Provides for Employees with Domestic Partners Firm does not Provide Benefit Health Sick Leave Family Medical Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at http://www.miamibeachfl.gov/city-hall/procurement/procurement-related-ordinance-and- procedures/ RFP 2018 -157 -WG 19 9. Public Entity Crimes. Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time to time, states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: 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. 10. Non -Discrimination. Pursuant to City Ordinance No.2016-3990, the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott, as defined in Section 2-375(a) of the City Code, including the blacklisting, divesting from, or otherwise refusing to deal with a person or entity when such action is based on race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital or familial status, age or disability. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. 11. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida, prohibits official City travel to the states of North Carolina and Mississippi, as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on behalf of the City to North Carolina or Mississippi, nor shall any product or services it provides to the City be sourced from these states. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Resolution 2016-29375. 12. Fair Chance Requirement. Pursuant to Section 2-376 of the City Code, the City shall not enter into any contract resulting from a competitive solicitation, unless the proposer certifies in writing that the business has adopted and employs written policies, practices, and standards that are consistent with the City's Fair Chance Ordinance, set forth in Article V of Chapter 62 of the City Code ("Fair Chance Ordinance"), and which, among other things, (i) prohibits City contractors, as an employer, from inquiring about an applicant's criminal history until the applicant is given a conditional offer of employment; (ii) prohibits advertising of employment positions with a statement that an individual with a criminal record may not apply for the position, and (iii) prohibits placing a statement on an employment application that a person with a criminal record may not apply for the position. SUBMITTAL REQUIREMENT: No additional submittal is required at this time. By virtue of executing this affidavit, Proposer certifies that it has adopted policies, practices and standards consistent with the City's Fair Chance Ordinance. Proposer agrees to provide the City with supporting documentation evidencing its compliance upon request. Proposer further agrees that any breach of the representations made herein shall constitute a material breach of contract, and shall entitle the City to the immediate termination for cause of the agreement, in addition to any damages that may be available at law and in equity. 13. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e -procurement system, 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 addenda may result in proposal disqualification. Initial to Confirm Receipt Initial to Confirm Receipt Initial to Confirm 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. RFP 2018-157—WG 20 DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this solicitation, or in making any award, or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after issuance of an award, shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation, 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 solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation 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 proposal 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 solicitation, 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 solicitation, 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 solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. RFP 2018-157—WG 21 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 solicitation, 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 solicitation, 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 Proposals and has not colluded with any other proposer or party to any other proposal; proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Statement of Qualifications Certification, Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer 's Authorized Representative: Title of Proposer 's 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 Florida My Commission Expires: RFP 2018-157—WG 22 APPENDIX B "No Bid" Form RFP 2018 -157 -WG WATERLESS CAR WASH CONCESSION PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ts thwsolicitatranbbi th ttc d`'tr tine :ity . with i rf Failure-';'1:Eatturwtcysui.lr r f titre licitu those vendors who have received notification have decided not to respono, to orri let and sulmit: errs r)t of No id. " "Sr rrr r t l i , r vide , rti rr on ow tea le r r th sli it tinprocess. 'foment of No Bid" ma result in not being notified ions wthe City. RFP 2018 -157 -WG 23 Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: Workload does not allow us to proposal Insufficient time to respond _ Specifications unclear or too restrictive _ Unable to meet specifications Unable to meet service requirements Unable to meet insurance requirements �Do not offer this product/service OTHER. (Please specify) We do _ do not _ want to be retained on your mailing list for future proposals of this type product and/or service. Signature: Title: Legal Company Name: Note: Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: CITY OF MIAMI BEACH PROCUREMENT DEPARTMENT ATTN: William Garviso, CPPB PROPOSAL #2018 -157 -WG 1755 MERIDIAN AVENUE, 3rd FLOOR MIAMI BEACH, FL 33139 RFP 2018 -157 -WG 24 APPENDIX C Minimum Requirements & Specifications RFP 2018 -157 -WG WATERLESS CAR WASH CONCESSION PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 RFP° 2018 -157 -WG 25 C1. Scope of Work. It is the intent of the City to award any resulting Concession agreement in two phases. The first phase shall be a pilot program at one or more selected garage(s) for a period of time not to exceed 6 months. The second phase may include, but is not a guarantee, a longer term with an expanded number of garages from which to offer the services. The City wishes to consider providing "waterless car wash services" at one or more of its municipal parking garages as an accessory use to transient and monthly parking customers. The following City municipal parking garage has been identified as part of the waterless car wash services pilot program (additional parking garages may be added at a later date). Each proposal is to address each of the following elements in full detail. • 17 Street Garage Total entries in FY16 —1,110,993 Total entries in FY17 — 998,049 (this number was affected by hurricane and by the transition to the City's new garage gated system) The City may allow up to ten (10) parking spaces for the concessionaire to perform their services. All of the successful proposer's employees, including supervisory and management personnel, will be responsible for their personal vehicle's parking fees. Daily or monthly parking fees are applicable. 1. Level of service. Describe the levels of services (e.g., basic exterior only, exterior and interior, etc.) that are proposed to be provided to customers, 2. Costs. Provide a full menu of the levels of service to be provided and the cost of each. Describe any discounts available to City employees. 3. Car Wash Stations. Describe the layout (including number) and format of each car wash station. Provide details on any equipment to be used. Stationary equipment is not allowed. All equipment shall be mobile and able to be removed. Provide details on how and where equipment is stored during non-operating hours. a. Run-off. Provide details on how any potential run-off of chemicals or water will be contained. 4. Water Consumption. Describe if water will be used and, if so, how much per vehicle, It is the intent of the City that water usage shall be minimal, if at all. The purpose of using as little water as possible is to avoid any environmental issues relating to run off. If water usage is involved, describe how the water used will be disposed. 5. Electrical Consumption. Describe to what extent power is required at the proposed locations and the proposer's plan to provide such power. 6. Chemicals. All chemicals shall be non -harmful to the environment. Provide details, including Material Safety Data Sheets (MSDS), on all chemicals to be used. Provide details on any regulatory or certifying agency that have approved the proposed chemicals. Failure to provide details on any regulatory or certifying agency that have approved the RFP 2018 -157 -WG 26 proposed chemicals shall be interpreted to mean such approval has not been received. Two copies of the certificate or other appropriate affidavit for each product offered must accompany the bid as documentation of certification or compliance as a green product. The certification or compliance standards required for these products in no way exempts compliance with other applicable occupational health and environmental standards, • Certified by Green Seal • Certified by UL EcoLogo Certification Program • Safer Choice Standard by the Environmental Protection Agency (EPA) • Other certification entities approved by the City Information regarding applicable requirements of OSHA's "General Industry Standards" that the bidder should comply. These requirements shall include all primary and refresher training mandated under the OSHA guidelines. 6.1 Safety Data Sheet. The bidder shall provide to the Contract Zone Manager a Safety Data Sheet (SDS) and description literature for each chemical/compound/mixture used in the performance of the Contract before the commencement of any work hereunder. All SDS's shall be of the latest version and comply with Federal Regulations, In 2012, OSHA modified the HAZCOM program to conform to the United Nations Globally Harmonized System (GHS) of classification and labeling of chemicals. By December 1, 2013, the standard requires all employers with covered employees to provide compliance training on new label elements and safety data sheet format. Hazardous products shall not be used, except with prior approval of the Contract Manager, and must be disposed of properly by the Contractor(s) in accordance with the U.S. Environmental Protection Agency (U.S. EPA) Federal Regulations. The Contractor(s) shall maintain and have readily accessible on-site a complete SDS book of all chemicals, compounds/mixtures used in the execution of the Contract. 6.2 Environmental and Hazardous Materials Requirements. The following define the minimum requirements the bidder is to follow for Environmental Health, Safety, Hazardous Substances, Recycling, Hazardous Materials, Hazardous Waste Characterization and Disposal, Waste Minimization, Personnel Training, Required Notifications, and Permits and Records Retention: 6.3 Hazardous Substances / Hazardous Materials. The bidder shall submit to the Contract Manager, SDS's for approval of products to be used prior to any use in the facility. The bidder is not to use any product not approved by the Contract Manager anywhere in the facility. The bidder shall not use any product that has a pH level of less than 3 or a pH level greater than 11. The Contractor(s) is not permitted to use any product that the SDS rates as "Flammable or Toxic" without approval from the Contract Zone Manager. 6.4 Proper Disposal of Spent or Used Products. The EPA and Florida Department of Environmental Protection (Florida DEP) require the proper disposal of certain chemicals/compounds/mixtures after they have been spent or used. The bidder is required RFP 2018 -157 -WG 27 to establish discrete waste streams for any chemicals that require proper disposal according to Federal regulations. The bidder must also arrange to have a licensed, "Part B Permit" Hazardous Waste & Universal Waste to properly characterize, manifest, dispose and transport waste or recyclable materials. The waste hauler must be licensed by the U.S. Department of Transportation as a Hazardous Waste/Universal Waste Hauler under the Series 49 CFR (Code of Federal Regulations). The bidder must provide contact information of the Hazardous Waste/ Universal Waste Hauler utilized. 7. Regulatory Permits. Describe all permits that are necessary and from which agency, including all local, state or federal agencies that have jurisdiction. 8. Regulatory Compliance. Describe the process used to assure compliance with all applicable local, state or federal regulations. 9. Customer Drop-off and Checkout Process. Describe the process to be used for customers to drop off vehicles for services, how customer will be notified when vehicle is complete and the checkout/payment process. 10. Customer Service. Describe the methods that the proposer uses to ensure customer satisfaction. Describe any survey methods used. Describe the follow up or reconciliation process for dis-satisfied customers. 11. Safety and Security Precautions. Describe the methods used to assure that vehicles are kept safe while under the possession of the operator. Describe the employee safety program. 12. Customer Communications. Describe the proposer's plan for communicating with its customer, including any mobile applications that have been developed for this purpose. 13. Percentage of Gross (PG) In consideration of the City executing an agreement and granting the rights provided in the agreement, the successful contractor shall guarantee and pay to the City a Percentage of Gross Revenue, to be paid on a monthly basis. If the annual PG amount is greater than the annual total MG, the successful proposer shall pay to the City the difference between the annual MG amount and the annual PG amount within 30 days of the anniversary date of the Agreement. If the annual PG amount owed to the City is less than the sum of all minimum monthly guarantee payments, no further payments will be required of the Contractor. Likewise, the City shall not reimburse the Contractor any portion of the minimum monthly guarantee. In the event that the City chooses to extend the term of the agreement past the original 6 month pilot program or any renewal term(s), the PG may be increased in a manner to be negotiated between the City and successful contractor. 14. Minimum Guarantee (MG) The City reserves the right to negotiate a Minimum Guarantee (MG) due to the City during contract negotiations. The successful contractor shall guarantee and pay to the City a monthly minimum fee to be paid on a monthly basis. In the event that the City chooses to extend the term of the agreement past the original 6 month pilot program or any renewal RFP 2018 -157 -WG 28 term(s), the MG may be increased in a manner to be negotiated between the City and successful contractor. 15. Performance Bond After the initial 6 month pilot program and within seven (7) calendar days of notification by the City, Contractor shall furnish a Performance Bond from an A -Rated Financial Class V Surety Company in an amount determined by the City. If the contractor fails to deliver the bond within the specified time the City shall declare the contractor in default of the contractual terms and conditions, and the City shall not accept any offer from that vendor for a twelve (12) month period following such default. The following specifications shall apply to any bond provided: A. All bonds shall be written through surety insurers authorized to do business in the State of Florida as surety, with the following qualifications as to management and financial strength according to the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey: Bond Amount 500,001 to 1,500,000 1,500,001 to 2,500,000 2,500,001 to 5,000,000 5,000,001 to 10,000,000 Over 10,000,000 Best Rating B V A VI A VII A VIII A IX B. On contract amounts of $500,000 or less, the bond provisions of Section 287.0935, Florida Statutes (1985) shall be in effect and surety companies not otherwise qualifying with this paragraph may optionally qualify by: 1, Providing evidence that the surety has twice the minimum surplus and capital required by the Florida Insurance Code at the time the solicitation is issued; 2. Certifying that the surety is otherwise in compliance with the Florida Insurance Code; and 3. Providing a copy of the currently valid Certificate of Authority issued by the United States Department of the Treasury under SS. 31 USC 9304-9308, Surety insurers shall be listed in the latest Circular 570 of the U.S. Department of the Treasury entitled "Surety Companies Acceptable on Federal Bonds", published annually, The bond amount shall not exceed the underwriting limitations as shown in this circular, C. For contracts in excess of 500,000 the provisions of Section B will be adhered to plus the company must have been listed for at least three consecutive years, or holding a valid Certificate of Authority of at least 1.5 million dollars and on the Treasury List. D. Surety Bonds guaranteed through U.S. Government Small Business Administration RFP 2018 -157 -WG 29 or Contractors Training and Development Inc. will also be acceptable. E. In lieu of a bond, an irrevocable letter of credit or a cash bond in the form of a certified cashier's check made out to the City of Miami Beach, Florida, will be acceptable. All interest will accrue to the City during the life of this contract and/or as long as the funds are being held by the City. F. Bond(s) shall be recorded in the public records of Miami -Dade County and provide City with evidence of such recording. 16. Background Checks. The Contractor(s) shall conduct a full criminal background check at its own expense on each of its employees engaged in providing services under this RFP or any resulting Agreement prior to the commencement of said services. No Contractor(s) employee shall be eligible to perform services, pursuant to this RFP or resulting Agreement, if he or she: (1) has been convicted of or was placed in a pre-trial diversion program for any crime involving dishonesty or breach of trust; embezzlement; drug trafficking; forgery; burglary; robbery; theft; perjury; possession of stolen property; identity theft; fraud; money laundering; shoplifting; larceny; falsification of documents and/or (2) has been convicted of any sex, weapons, or violent crime including but not limited to homicide; attempted homicide; rape; child molestation; extortion; terrorism or terrorist threats; kidnapping; assault; battery; and illegal weapon possession, sale or use. The Contractor(s) shall defend, indemnify and hold the City, its officers, employees, and agents harmless from and against any and all liability, loss, expense (including reasonable attorneys' fees) or claims for injury or damages arising out of its failure to comply with this requirement. 17. Uniforms. Uniforms: The Contractor(s) shall supply all employees with identification and uniforms (i.e. shirt, smock, etc.) that must be worn at all times while on the premises, and shall at all times present a neat and professional appearance, with clean uniforms. 18. Identification. The Contractor(s) shall submit a list of employees with the required background checks as stated above and a photocopy of a valid picture I.D. to the Contract Manager prior to commencement of services hereunder. I.D. badges shall show company name, employee name and a photo of the employee. I.D. badges must be worn at all times while performing services under this Contract. RFP 2018 -157 -WG 30 APPENDIX D Special Conditions RFP 2018 -157 -WG WATERLESS CAR WASH CONCESSION PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 RFP 2018 -157 -WG 31 1. TERM OF CONTRACT. The contract shall commence upon effective date of fully executed agreement and shall be effective for six (6) months (PHASE I), and if determined successful, deployment at multiple municipal garages, at the sole and absolute discretion of the City, for a three (3) year term (PHASE II). 2. OPTION TO RENEW. The City, through its City Manager, will have the option to extend for two (2) additional one year periods at the City's sole discretion. Continuation of the contract beyond the initial period, and any option subsequently exercised, is a City prerogative, and not a right of the successful contractor. 3. PROTECTION OF PROPERTY. The Successful Contractor will at all times guard against damage to or loss of property belonging to the City of Miami Beach. It is the responsibility of the Successful Contractor to replace or repair any property lost or damaged by any of its employees. The City of Miami Beach may withhold payment or make such deductions as it might deem necessary to ensure reimbursement for loss or damage to property through negligence of the Successful Contractor, its employees or agents. 4. LICENSES, PERMITS AND FEES. The contractor shall obtain and pay for all licenses, permits and inspection fees required for this project; and shall comply with all laws, ordinances, regulations and building code requirements applicable to the work contemplated herein related to the installation and proper functioning of advertising equipment/signs etc. Damages, penalties and or fines imposed on the City or the contractor for failure to obtain required licenses, permits or fines shall be borne by the contractor. RFP 2018 -157 -WG 32 APPENDIX E Cost Proposal Form RFP 2018 -157 -WG WATERLESS CAR WASH CONCESSION PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 RFP 2018 -157 -WG 33 APPENDIX E REVENUE PROPOSAL FORM Failure to submit, Revenue Proposal Form, in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that this revenue proposal form below incorporates all the requirements of this RFP, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other matter or circumstance, will be used to reduce or lower the City's revenue share resulting from any agreement awarded pursuant to this RFP. The Revenue Proposal Form shall be completed mechanically or, if manually, in ink. Revenue Proposal Form completed in pencil shall be deemed non-responsive. All corrections on the Revenue Proposal Form shall be initialed. PERCENTAGE OF GROSS TO THE CITY (PG) See Paragraph 13 (p. 28) (A) Percentage Of Revenue to City of Miami Beach (B) Gross (6 month) Revenue (for point calculation purposes only, this is not a guarantee or estimate as to the expected revenue) (C) Total (for point calculation purposes only) (AxB=C) 1 Percentage Of Gross (PG) Waterless Car wash Services $25,000 iThe Percentage of Gross shall be utilized to allocate Cost Points in the Evaluation of Proposals. Bidder's Affirmation Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: RFP 2018 -157 -WG 34 APPENDIX F Insurance Requirements RFP 2018 -157 -WG WATERLESS CAR WASH CONCESSION PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 RFP 2018 -157 -WG 35 MIAMI BEACH INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. XXX 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2, Comprehensive General Liability (occurrence form), limits of liability $ 1,000000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). XXX 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. 4. Excess Liability - $ .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate, 6. Other Insurance as indicated: Builders Risk completed value $ .00 Liquor Liability $ ,00 Fire Legal Liability $ .00 Protection and Indemnity $ .00 Employee Dishonesty Bond $ .00 _ Other $ ,00 XXX 7, Thirty (30) days written cancellation notice required. XXX 8. Best's guide rating B -1 -:VI or better, latest edition. XXX 9. The certificate must state the proposal number and title The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. RFP 2018 -157 -WG 36