Resolution 2018-30498 RESOLUTION NO. 2018-30498
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
FINANCE AND CITYWIDE PROJECTS COMMITTEE, AND APPROVING THE
EARLY TERMINATION OF THE FOOD TRAILER PILOT PROGRAM WITH THE
PRIVATE UPLAND PROPERTY OWNERS, CONTINGENT UPON THE CITY
COMMISSION AND THE STATE OF FLORIDA APPROVING AN AMENDMENT
TO THE RULES AND REGULATIONS FOR BEACHFRONT CONCESSION
OPERATIONS (RULES AND REGULATIONS), TO ALLOW THE OPERATION
OF FOOD TRAILERS BY UPLAND OWNER CONCESSIONAIRES AS PART OF
THE CONCESSION FACILITIES; AND, UPON APPROVAL OF SAID
AMENDMENT TO THE RULES AND REGULATIONS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO TERMINATE OR EXECUTE AGREEMENTS,
AS APPLICABLE, WITH INTERESTED PRIVATE UPLAND PROPERTY
OWNERS LOCATED IMMEDIATELY WESTWARD OF THE BEACHFRONT FOR
A FEE OF $10,000 PER MONTH; AND FURTHER AUTHORIZING THE
ISSUANCE OF REQUEST FOR PROPOSALS (RFP) NO. 2018-316-WG FOR
BEACHWIDE FOOD TRAILER PROGRAM.
WHEREAS, On January 31, 2001, the City Commission adopted Resolution 2001-
24251, approving a First Amendment to the Rules and Regulations for Beachfront Concession
operations (Rules and Regulations), thereby prohibiting the cooking or heating of food on the
beachfront; and
WHEREAS, since the prohibition was enacted, only a few grandfathered vendors
continued to operate mobile cooking and heating Concession Facilities (a/k/a food trailers) on
the beachfront and all food trailers were effectively eliminated from the City's beaches in May of
2018; and
WHEREAS, on May 11, 2016, the City Commission adopted Resolution No. 2016-
29403, adopting the Third Amended and Restated Rules and Regulations for Beachfront
Concession Operations and directing that any then-existing food trailers be replaced with a
beachwide food trailer program following a competitive bidding procurement process; and
WHEREAS, on June 27, 2018, the City Commission adopted Resolution No. 2018-
30369, approving a pilot program for the location of food trailers behind private upland
properties, and, should the Administration determine that the pilot program was successful,
authorizing the Administration to submit proposed modifications to the Rules and Regulations,
governing the utilization of food trailers, as part of the beachfront concession agreements issued
annually to upland property owners; and
WHEREAS, at its July 27, 2018 meeting, because of the reluctance of private property
owners to invest in food trailers for a short term pilot program, the Finance and Citywide
Projects Committee recommended that the temporary nature of the pilot program be
discontinued, such that the City Manager may execute annual beachfront concession letter
agreements with private upland property owners located immediately westward of the
beachfront; and further recommended that a limited scale Request for Proposals (RFP) be
issued for select public beachfront locations; and
WHEREAS, through the RFP, which is unrelated to the existing food trailer pilot program
involving private property upland of the beachfront, the City is seeking approval to award a
contract for food trailer concession services adjacent to City-owned beachfront property at the
35th Street Parking Lot/Pancoast Park and at 79th Street/North Beach Oceanside Park (west of
the dune), with the possibility of additional locations to be added at a later date; and
WHEREAS, the Administration recommends that the City Commission discontinue the
food trailer pilot program and authorize the City Manager or his designee to terminate existing
beachfront concession agreements relating to the food trailer pilot program, and to execute
annual beachfront concession agreements pursuant to the Rules and Regulations, subject to
the City Commission approving an amendment to the Rules and Regulations, to allow the use of
food trailers.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the Finance and Citywide Projects
Committee, and approve the early termination of the food trailer pilot program with the private
upland property owners, contingent upon the City Commission and State of Florida approving
an amendment to the Rules and Regulations for Beachfront Concession Operations (Rules and
Regulations), to allow the operation of food trailers by the upland owner concessionaires, as
part of the concession facilities; and, upon approval of said amendment to the Rules and
Regulations, authorize the City Manager or his designee to terminate or execute agreements,
as applicable, with interested private upland property owners located immediately westward of
the beachfront for a fee of$10,000 per month; and further authorize the issuance of Request for
Proposals (RFP) No. 2018-316-WG for Beachwide Food Trailer Program.
PASSED and ADOPTED this 42 day of cret , 2018.
ATTEST:
4 Hist
st Dan Gelber, Mayor
Rafael E. Granado, City Clerk I` g ewr
......E-9
'INCORP1 OFIATED! * APPROVED AS TO
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r,
ON ; & FORE CUTION
City Attorney Nit Dote
Resolutions- R7 H
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: September 12, 2018
SUBJECT: REQUEST APPROVAL TO ISSUE REQUEST FOR PROPOSALS (RFP) NO. 2018-
316-WG FOR BEACHWIDE FOOD TRAILER PROGRAM AND FURTHER
APPROVING THE RESOLUTION ACCEPTING THE RECOMMENDATION OF
THE FINANCE AND CITYWIDE PROJECTS COMMITTEE TO END THE FOOD
TRAILER PILOT PROGRAM AND AUTHORIZE THE CITY MANAGER TO
EXECUTE ANNUAL LETTER AGREEMENTS WITH INTERESTED PRIVATE
PROPERTY OWNERS LOCATED IMMEDIATELY WESTWARD OF THE
B EACH F RON T.
RECOMMENDATION
Authorize the issuance of an RFP for select public beachfront locations; and further approve
discontinuance of the pilot program for private property upland owners and authorize the City
Manager to execute annual letter agreements with private upland property owners located
irrrrediately westward of the beachfront.
ANALYSIS
Since 2001, pursuant to City Commission Resolution No. 2001-24251, the City's Rules and
Regulations for Beachfront Concession Operations ("Beachfront Rules and Regulations") have
prohibited cooking and heating of food on the City's beachfront. Although a few grandfathered
vendors continued operation since that time, all food trailers were effectively eliminated from the
City's beaches in May 2018.
Resolution No. 2016-29403, which enacted the current form of the Rules and Regulations, directed
that any then-existing food trailers be replaced with a beachwide food trailer program following a
competitive bidding procurement process.
On June 27, 2018, the Mayor and City Commission adopted Resolution No. 2018-30369, approving
a six-month pilot program for the location of food trailers behind private upland properties (i.e. hotels
and condominiums). If the pilot program were to be deemed successful, the Beachfront Concession
Rules and Regulations would be modified to allow the food trailers as part of the beachfront
concession agreements which are issued annually to upland property owners. At its July 27, 2018
meeting, because of the reluctance of private upland property owners to invest in food trailers for a
short term pilot program, the Finance and Citywide Projects Committee recommended that the
temporary nature of the pilot program be discontinued such that the City Manager could execute
annual letter agreements with private upland property owners located immediately westward of the
beachfront. The Committee further recommended that a limited scale RFP be issued for select public
beachfront locations.
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This RFP is unrelated to the existing pilot program related to private property upland of the
beachfront. By way of this RFP, the City is seeking to award a contract only for food trailer
concession services adjacent to City-owned beachfront property.
SCOPE OF SERVICES
The City seeks proposals from qualified vendors able to provide the City with the requested services,
including an exceptional customer experience. 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 an annual minimum fee of no less than $12,000, to be paid on a quarterly basis.
The following beachfront areas have been identified as part of the food trailer program (and the City
reserves the right to for additional areas to be added at a later date under the same terms and
conditions with the winning proposers).
o 35th Street Parking Lot/Pancoast Park—on the beachfront, adjacent to public parking and
restrooms, vehicle access point
o 79th Street Area/North Beach Oceanside Park — west of the dune, to serve park and
beach patrons
• MINIMUM QUALIFICATIONS. Please Reference, Appendix C, Page 25, RFP 2018-316-
WG for Beachwide Food Trailer Program(attached).
• SUBMITTAL REQUIREMENTS. Please Reference Section 0300, Page 12 RFP 2018-316-
WG for Beachwide Food Trailer Program(attached).
• CRITERIA FOR EVALUATION. Please Reference Section 0400, Page 14, RFP 2018-316-
WG for Beachwide Food Trailer Program(attached).
Following the receipt of proposals an Evaluation Committee will review proposals in accordance with
the criteria established in the RFP.
CONCLUSION
The City Manager recommends that the Mayor and Commission authorize the issuance of the RFP
2018-316-WG for Beachwide Food Trailer Program.
KEY INTENDED OUTCOMES SUPPORTED
Enhance Cultural and Recreational Activities
FINANCIAL INFORMATION
Grant funding will not be utilized for this project.
Leve islative Tracking
Tourism, Culture and Economic Development/Procurement
ATTACHMENTS:
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Description
o Solicitation
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REQUEST FOR PROPOSALS (RFP)
BEACHWIDE FOOD TRAILER PROGRAM
2018-316-WG
RFP ISSUANCE DATE: SEPTEMBER 12, 2018
PROPOSALS DUE: OCTOBER 24, 2018 @ 3:00 PM
ISSUED BY:
William Garviso, Procurement Contracting Officer II
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor, Miami Beach, FL 33139
305.673.7000 x 6650 I WilliamGarviso@miamibeachfl.gov I www.miamibeachfl.gov
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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 30
APPENDIX E REVENUE PROPOSAL FORM 32
APPENDIX F INSURANCE REQUIREMENTS 34
RFP2O18-316-WG 2
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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 REP. 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.
Through this RFP, the City seeks proposals from qualified vendors able to provide the City with the requested
services, including an exceptional customer experience. 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
minimum fee to be paid on a quarterly basis. Specific requirements and specifications are addressed in Appendix C,
Scope of Work,and Appendix D, Special Conditions.
By way of this RFP,the City is seeking to award a Concession agreement(s) for concession services at two
specific locations on public, City-owned beachfront property.
3.ANTICIPATED RFP TIMETABLE. The tentative schedule for this solicitation is as follows:
RFP Issued September 12, 2018
Pre-proposal Meeting September 26, 2018 @ 10:00AM
Deadline for Receipt of Questions October 15, 2018 @ 5:00PM
Responses Due October 24, 2018 @ 3:00PM
Evaluation Committee Review&Proposer Presentations November 8, 2018 @ 9:00AM
Tentative Commission Approval Authorizing Negotiations December 12,2018
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: Telephone. Email:
William Garviso,CPPB 305 673-7000#6650 WilliamGarviso• miamibeachfl..ov
Additionally, the City Clerk is to be copied on all communications via e-mail at: RafaelGranadomiamibeachfl qov.
or via facsimile: 786-394-4188.
3
RFP2O18-316-WG
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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. 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 rafaeldranado(a,miamibeachf,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?ith79113
• CONE OF SILENCE.. CITY CODE SECTION 2.486
• PROTEST PROCEDURES CITY CODE SECTION 2-371
• DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 2-485.3
• LOBBYIST REGISTRATION AND DISCLOSURE OF FEES CITY CODE SECTIONS 2-481 THROUGH 2-406
RFP 2018-316-WG 4
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• CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2487
• CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES CITY CODE SECTION 2-488
• REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR CITY CODE SECTION 2-373
DOMESTIC PARTNERS
• 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.
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-
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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
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/CANCELLATIONIACCEPTANCEIREJECTION. 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
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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.
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.
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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.
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
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BEACH
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.
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
RFP 2018-316-WG 9
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„.' 3EACH
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.
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.
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3EACH
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
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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, including current or past projects, that documents
the firm's history and relevant experience and proven track record of providing the scope of services similar as identified
in this solicitation. For each project that the Proposer submits as evidence of similar experience, the following is
required: project description, entity name, entity 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 (including subcontractors and individuals) will play in
providing the services detailed herein and each team members qualifications.
Approach and Methodology
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)the following.
3.1 TrailerslEquipmentiSignage.Submit detailed specifications and renderings of trailers and signage,as well as
all equipment that may be visible from the exterior.
3.2 Menu.Submit the proposed menu and pricing.
3.3 Training and Customer Service.Submit details on how proposer will assure exceptional customer service to
all patrons. Submit information on proposed employee uniforms.
3.4 Permits and Compliance. Submit proposers plan to comply with all applicable local,state or federal laws and
regulations.
3.5 Food Safety and Quality Assurance.Submit details on how proposer will assure the highest food safety and
RFP2018-316-WG 1P
Page 1148 of 1802
HE BEACH
quality standards are met.
3.6 Safety, Security and Background Checks. Submit detailed information on how proposer will assure the safety
of all stakeholders.
3.7 Emergency Procedures. Submit information on the emergency procedures proposer will utilize in the event of a
serious weather event or other potential disaster.
3.6 Other Factors or Value Added Services. Submit detailed information on any other factor or value added
service that demonstrates the proposers exceptional ability and capacity to perform over other proposers.
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.
Ta___Public Benefit
4.1 Contribution to Educational Initiatives. The City maintains a 501(C)(3) that is used to support the educational
initiatives of the Mayor and City Commission. Proposers may propose a recurring or non-recurring financial
contribution to the educational initiatives 501(C)(3).
4.2 Other Value-Added Public Benefits. Proposers may submit detailed information on how Proposer will include
value-added public benefits in the delivery of the proposed services, which may include any other benefits,
contributions or services that benefit the City and its residents.
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:lls u ppl ierportal.do b.comlweba pplwcslstoreslservletlSupplierPortal?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 600.424.2495.
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).
FP 2018-316-WG
13
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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 30
Approach and Methodology 30
Public Benefit 5
TOTAL AVAILABLE STEP 1 POINTS 65
3. Step 2 Evaluation. Following the results of Step 1 Evaluation of qualitative cdteria, 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
Revenue Proposal 35
Veterans Preference 5
The Revenue Proposal Form requires proposers to separately identify, their Minimum Guarantee for each
location they choose to be considered for. The City may award the contract (or the separate contracts), for
each location (or combination thereof), based on the pricing submitted by proposer in Revenue Proposal
Form.
FOR PURPOSES OF THE EVALUATION OF PROPOSERS, THE POINTS ALLOCATED TO PROPOSERS
SHALL BE BASED ON THE TOTAL MG SUBMITTED FOR EITHER LOCATION.
RFP 2018-316-WG 14
Page 1150 of 1802
4. Revenue Proposal Evaluation. The cost proposal points shall be developed in accordance with the
following formula:
Sample Objective Formula for Revenue Points
Formula for Calculating Points
Example Maximum (cost of proposal being evaluated 1
Vendor Allowable Points highest revenue proposal X Total Points
Vendor Revenue (Points noted are for Illustrative
maximum
Proposal purposes only.Actual points are allowable points Awarded
noted above.) awaardedrded points)
Round to
VendorA $200 20 $2001$200%20=20 20
VendorB $150 20 $1501$200X20=15 15
VendorC $100 20 $1001$200X20=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:
Proposer A Proposer B Proposer C
Ste• 1 Points 82 76 80
Committee Ste•2 Points 22 15 12
Member 1 Total 104 91 92
Rank 1 3 2
Ste• 1 Points 79 85 72
Committee Ste•2 Points 22 15 12
Member 2 Total 101 100 84
Rank 1 2 3
Ste• 1 Points 80 74 66
Committee Ste. 2 Points 22 15 12
Member2 Total 102 89 78
Rank 1 2 3
Low Aggregate Score 3 7 8
Final Rankings 1 2 3
* 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.
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APPENDIX A
Proposal Certification ,
Questionnaire &
Requirements Affidavit
RFP 2018-316-WG
BEACHWIDE FOOD TRAILER
PROGRAM
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
RFP 2015-316-WG 16
Page 1152 of 1802
Solicitation No: Solicitation Title:
RFP 2018-316-WG _ BEACHWIDE FOOD TRAILER PROGRAM
Procurement Contact: Tel: Email
William Garviso,CPPB (305)673-7000#6650 WilliamGarviso@miamibeachf.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 to YEARS:
FIRM PRIMARY ADDRESS(HEADQUARTERS):
CITY:
STATE: ZIP CODE:
TELEPHONE NOr.
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 2018-316-WG 17
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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 8 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- erformance by an ublic 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
proposaVresponse 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:llwww.miamibeachfl oovlcity-halllprocurement/procurement-related-ordinance-and-procedures/
RFP 201 B-316-WG 18
Page 1154 of 1802
7. -. • _ •.F : ••' [-.. .... ..- ; . . .;
• . shaP be pad tho r - ng ,istedkel^w'.
benefits,
benefits,
sefne-ffb-a-partibutar-yea
the City's electronic compliance portal,LCP Tracker(LCPTrackcr.net).
8. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited
contracts valued at aver$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 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 Managers decision is final. Further information on the Equal
Benefits requirement is available at httpa/www.miamibeachfl.qov/city-hall/procurement/procurement-related-ordinance-and-
procedures/
RFP 2015-316-WG 19
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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 pedod 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 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.
RFP 2018-316-WG 20
Page 1156 of 1802
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 applicants 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 2018-316-WG 21
Page 1157 of 1802
PROPOSER CERTIFICATION
1 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 Aulhonzed 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 2019-316-WG 22
Page 1158 of 1802
APPENDIX B
" No Bid " Form
RFP 2018-316-WG
BEACHWIDE FOOD TRAILER
PROGRAM
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
Note: It is important for those vendors who have received notification of
this solicitation but have decided not to respond, to complete and submit
the attached "Statement of No Bid." The "Statement of No Bid" provides
the City with information on how to improve the solicitation process.
Failure to submit a "Statement of No Bid" may result in not being notified
of future solicitations by the City.
RFP 2018-316-WG 23
Page 1159 of 1802
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 #2018-316-WG
1755 MERIDIAN AVENUE, 3rd FLOOR
MIAMI BEACH, FL 33139
RFP 2018-316-WG 24
Page 1160 of 1802
APPENDIX C
Minimum Requirements
& Specifications
RFP 2018-316-WG
BEACHWIDE FOOD TRAILER
PROGRAM
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
RFP 2018-316-WG 25
Page 1161 of 1802
Cl. Scope of Work. •
Through this RFP, the City seeks proposals from qualified vendors able to provide the City with the
requested services, including an exceptional customer experience. 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 an annual minimum fee to be paid on a quarterly
basis. Specific requirements and specifications are addressed in Appendix C, Scope of Work, and
Appendix D, Special Conditions.
The following beachfront areas have been identified as part of the beachwide food trailer program
(additional areas may be added at a later date).
Location: The City reserves the right to add locations to any negotiated contract with a winning
proposer at a future date under the same terms and conditions. At present, the food trailers are
proposed at two locations where the City is the upland owner. The Revenue Proposal Form
requires proposers to separately identify their Minimum Guarantee for each location they
choose to be considered for. The City may award the contract (or the separate contracts) for
each location (or combination thereof) based on the pricing submitted by proposer in Revenue
Proposal Form.
o 35th Street Parking Lot/Pancoast Park —on the beachfront, adjacent to public parking
and restrooms, vehicle access point
o 79th Street Area/North Beach Oceanside Park — west of the dune, to serve park and
beach patrons
No facilities may remain on the beach overnight and must be removed from the beach at least one
hour before sunset and must not be located on the beach until one hour after sunrise.
Cooking and/or heating concession facilities shall only be permitted by means of battery powered,
solar powered, or propane gas systems, that are properly approved, permitted, and installed in
accordance with applicable City, County, State, and Federal laws. Use of electricity-producing
generating devices (generators) is prohibited. Operators shall consider greenhouse gas emissions
when deploying generators for power and use an alternative fuel or solar powered generator or
equipment.An alternative fuel is defined as biodiesel, compressed natural gas or solar.
All facilities, including signage and graphics, must receive prior approval by the City, in accordance
with the Planning Department's current Beach Concession Design Guidelines.
Operators are responsible for all trash and debris generated by the food trailers and must comply
with all current and future City ordinances including the prohibition of polystyrene and plastic
straws. The City shall charge for the costs of special clean up necessary should the operator fail to
reasonably perform. No plastic bags should be distributed. Instead the applicant should use paper
or reusable bags (materials can vary, such as calico, cotton, hemp, jute and others). Operators
shall not vend or offer glass containers, plastic lids, plastic straws, plastic beverage stirrers, plastic
sandwich containers, packaged condiments, and/or packaged seasonings.
Operators shall pursue the use of service material, including cups and napkins, made of
RRP 2018-316-WG 26
Page 1162 of 1802
biodegradable or recycled material. All serving dishes/containers, food, beverages, condiments
necessary to include biodegradable tableware; plates, bowls, hot and cold cups, flatware, wooden
coffee stirrers, etc, when reusable food ware or food services articles are not feasible.
The City encourages the use of unbleached, non-coated, recycled-content, paper food service
articles and other fiber-based food service articles as the most environmentally preferable
alternatives when the use of reusable food ware is not feasible.
Applicants are encouraged to reduce the amount of packaging and use packaging that does not
contain packaging inks, dyes, pigments, adhesives, stabilizers, and additives with levels of lead,
cadmium, mercury or hexavalent chromium in packaging inks, dyes, pigments, adhesives,
stabilizers, and additives equal to or greater than 100 parts per million, which is consistent with
packaging statutes adopted by 19 U.S. states. The following exceptions apply to this heavy metal
threshold recommendation for packaging:
a) Packaging made from recycled materials.
b) Packaging that is essential to the protection, safe handling, or function of the package's
contents (e.g., medical product and devices).
c) Packages and packaging components for which there is no feasible alternative.
d) Reusable packaging for products that are subject to other federal or state health, safety,
transportation, or disposal requirements (i.e., hazardous waste).
e) Packaging having a controlled distribution and reuse (i.e., beverage containers subject to
mandatory deposit requirements).
f) Packaging or packaging component that is glass or ceramic where the decoration has
been vitrified and when tested, and meets specific requirements.
Cooking and/or heating concession facilities will only be permitted on the beachfront in accordance
with applicable City, County, State, and Federal regulations, and shall be inspected at least once
per year by the Miami Beach Fire Department.
The applicant is encouraged to procure local food in order to reduce greenhouse gas emissions
from travel, as well as support the local economy.
Each proposal is to address each of the following elements in full detail.
1. Proposals should include menu options, including pricing, and detailed information regarding
the food trailer and associated equipment, including signage.
2. Please submit substantial detail and description of your proposed operation, including relevant
experience. The proposer must be an operating and management entity that will be party to a
contract with the City and will not subcontract with a third-party servicer.
3. Regulatory Compliance. Describe the process used to assure compliance with all applicable
local, state or federal regulations.
4. 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.
RFP 2018-316-WG 27
Page 1163 of 1802
5. Minimum Guarantee(MG)
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 an Annual Minimum
Guarantee(MG) of not less than $12,000.00, to be paid on a quarterly basis. In the event that
the City chooses to extend the term of the agreement past the original term or any renewal
term(s), the MG may be increased in a manner to be negotiated between the City and
successful contractor.
6. Percentage of Gross(PG)
The successful contractor shall guarantee and pay to the City a Percentage of Gross Revenue,
in an amount to be negotiated between the City and successful contractor (not less than 15%),
to be paid on an annual basis. If the 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 guarantee payments, no
further payments will be required of the Contractor. Likewise, the City shall not reimburse the
Contractor any portion of the minimum guarantee. In the event that the City chooses to extend
the term of the agreement past the original term or any renewal term(s), the PG may be
increased in a manner to be negotiated between the City and successful contractor.
7. Security Deposit
Upon execution of an Agreement, successful proposer shall furnish the City with a Security
Deposit, in an amount determined 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.
B. 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.
9. 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 operating the concession
RFP 2018-316-WG 28
Page 1164 of 1802
or performing related activity, and shall at all times present a neat and professional
appearance,with clean uniforms.
10. Identification. The Contractor(s)shah 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. t.D. badges must be worn at all times while performing
services under this Contract.
RFP 2018-316-WG 29
Page 1165 of 1802
APPENDIX D
Special Conditions
RFP 2018-316-WG
BEACHWIDE FOOD TRAILER
PROGRAM
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
RFP 2018-316-WG 30
Page 1166 of 1802
1. TERM OF CONTRACT. The contract shall commence upon effective date of fully executed
agreement and shall be effective for a three(3)year term.
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 2018-316-WG 31
Page 1167 of 1802
APPENDIX E
Revenue Proposal Form
RFP 2018-316-WG
BEACHWIDE FOOD TRAILER
PROGRAM
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
RFP 2018-316-WG 32
Page 1168 of 1802
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.
The Revenue Proposal Form requires proposers to separately identify, their Minimum Guarantee for each location they
choose to be considered for. The City may award the contract (or the separate contracts), for each location (or
combination thereof), based on the pricing submitted by proposer in Revenue Proposal Form.
FOR PURPOSES OF THE EVALUATION OF PROPOSERS,THE POINTS ALLOCATED TO PROPOSERS SHALL BE
BASED ON THE TOTAL MG SUBMITTED FOR EITHER LOCATION.
MINIMUM GUARANTEE TO THE CITY(PG) See Paragraph 13(p.28)
35'h Street Parking Lot/Pancoast Park—on the Annual Minimum Guarantee to City of Miami Beach
beachfront,adjacent to public parking and restrooms,
vehicle access point
1 Annual Minimum Guarantee(MG)(not less than $
$12,000.00) -
1The Minimum Guarantee shall be utilized to allocate Cost Points in the Evaluation of Proposals.
MINIMUM GUARANTEE TO THE CITY(PG)See Paragraph 13(p. 28)
79th Street Area/North Beach Oceanside Park—west Annual Minimum Guarantee to City of Miami Beach
of the dune,to serve park and beach patrons
1 Annual Minimum Guarantee(MG)(not less than
$120)0.00)
1The Minimum Guarantee 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 2018-316-WG 33
Page 1169 of 1802
APPENDIX F
Insurance Requirements
RFP 2018-316-WG
BEACHWIDE FOOD TRAILER
PROGRAM
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
RFP 2018-316-WG 34
Page 1170 of 1802
M AM 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 $ 1,000,000.00 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+: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 2018-316-WG 35
Page 1171 of 1802