97-22421 RESO
RESOLUTION NO.
97-22421
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
ADMINISTRATION TO ISSUE A REQUEST FOR PROPOSALS FOR THE
OPERATION OF VENDING MACHINE CONCESSIONS A T VARIOUS
LOCATIONS ON CITY OF MIAMI BEACH PROPERTY, FOR A TWO-
YEAR PERIOD, WITH THREE ONE- YEAR RENEW AL OPTIONS, AT THE
CITY'S DISCRETION.
WHEREAS, it is the intent of the City to utilize the Request for Proposals process to seek
proposals from qualified concessionaires for a vending machine concession agreement, in order to
provide the public with soft drinks, juices, and snacks at convenient locations, while generating
revenue to the City; and
WHEREAS, the Administration has drafted a Request for Proposals for providing the
required services for a two-year period, with three one-year renewal options at the City's discretion;
and
WHEREAS, a tentative date of July 11, 1997, has been set as the deadline for receipt of
submittals.
NOW, THEREFORE, BE IT DUL Y RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby authorize the Administration to issue a Request for Proposals for the Operation
of Vending Machine Concessions at Various Locations on City of Miami Beach Property for a Two-
Year Period, with Three One- Year Renewal Options, at the City's Discretion.
PASSED and ADOPTED this 18thdayofJune, 1 7.
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
ATTEST:
JZo U-46- fQA~
CITY CLERK
jf
f: \purc\$all\judy\comm \92-9698 .res
4f WUL
City Attorney
6/ I!/j?
Dote
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
COMMISSION MEMORANDUM NO. 33111
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE: June 18,1997
FROM:
Jose Garcia-Pedrosa
City Manager
SUBJECT:
A Resolution of t Mayor and the City Commission of Miami Beach, Florida,
Authorizing the Administration to Issue a Request for Proposals for the
Operation of Vending Machine Concessions at Various Locations on City of
Miami Beach Property for a Two-Year Period, with Three One-Year Renewal
Options at the City's Discretion.
ADMINISTRATION RECOMMENDATION:
Approve the issuance of the attached RFP.
BACKGROUND:
Attached is a draft RFP seeking proposals from qualified concessionaires for an exclusive vending
machine concession agreement for a two-year period, with three one-year renewal options at the
City's discretion. The intent of this document is to award a concession agreement which shall
provide for the installation and maintenance of vending machine equipment at various locations
throughout the city at the sole cost of the concessionaire.
The evaluation criteria for this RFP includes: Proposer's experience, financial qualifications and
professional reputation; proposed operational concept for the concession; proposed commitment of
equipment and/or capital expenditures; quality and variety of proposed products; pricing to the
public; and fees to be paid to the City.
CONCLUSION:
The issuance of the RFP will allow the City to enter into an agreement to provide soft drinks, juices,
and snacks to the public, while generating revenue.
JGP:MDB:jf H.IJ/J
Attachment
DATE
Q'1C-.
1a-18-97
AGENDA ITEM
CITY OF MIAMI BEACH
RFP NO. 92-96/98
REQUEST FOR PROPOSALS FOR
THE OPERATION OF VENDING MACHINE CONCESSIONS AT VARIOUS
LOCATIONS ON CITY OF MIAMI BEACH PROPERTY
A PRE-PROPOSAL CONFERENCE IS SCHEDULED FOR 10:00 A.M.
ON JULY 1, 1997, IN THE PROCUREMENTIHUMAN RESOURCES
CONFERENCE ROOM, 3RD FLOOR OF CITY HALL
ALL PROPOSALS SHALL INCLUDE A PROPOSAL SECURITY IN THE FORM
OF A CASHIER'S CHECK IN THE AMOUNT OF $500.00
SUBMISSIONS ARE DUE AT THE ADDRESS SHOWN BELOW
NO LATER THAN JULY 11, 1997 AT 12:00 NOON
CITY OF MIAMI BEACH
PROCUREMENT DIVISION
1700 CONVENTION CENTER DRIVE, THIRD FLOOR
MIAMI BEACH, FL 33139
PHONE: (305) 673-7490
FAX: (305) 673-7851
RFP NO.:
DATE:
92-96/98
6/10/97
CITY OF MIAMI BEACH
1
TABLE OF CONTENTS
Page
I. OVERVIEW AND PROPOSAL PROCEDURES 3
II. SCOPE OF SERVICES 8
III. PROPOSAL FORMAT 11
IV. EV ALUATION/SELECTION PROCESS; CRITERIA FOR EVALUATION 13
V. GENERAL PROVISIONS 15
VI. SPECIAL TERMS AND CONDITIONS 17
VII. ATTACHMENTS 25
VIII. PROPOSAL DOCUMENTS TO BE COMPLETED AND RETURNED
TO CITY 27
RFP NO.:
DATE:
92-96/98
6/10/97
CITY OF MIAMI BEACH
2
SECTION I - OVERVIEW AND PROPOSAL PROCEDURES:
A. INTRODUCTIONIBACKGROUND
The City of Miami Beach is seeking proposals from qualified concessionaires for an
exclusive vending machine concession agreement for a two-year period, with three one-year
renewal options at the City's discretion.
B. RFP TIMETABLE
The anticipated schedule for this RFP and contract approval is as follows:
RFP issued and available for distribution 6/19/97
Deadline for receipt of questions 6/27/97
Pre-Proposal Conference 7/1/97, 10:00 A.M.
Deadline for receipt of proposals 7/11/97, 12 NOON
Evaluation committee meeting 7/14/97
Commission approval to accept ranking
and authorize contract award 7/16/97
Projected contract execution date 7/21/97
Projected contract start date 8/1/97
(Note: It is intended for this contract to be awarded at the July 16, 1997 Commission meeting
and for the contract to commence on August 1, 1997.)
C. PROPOSAL SUBMISSION
An original and eight copies of the complete proposal must be received by July 11, 1997 at
12:00 Noon and will be opened on that day at that time. The original and all copies must be
submitted to the Procurement Division in a sealed envelope or container stating on the
outside the proposer's name, address, telephone number, RFP number and title, and proposal
due date.
The responsibility for submitting a response to this RFP to the Procurement Division on or
before the stated time and date will be solely and strictly that of the proposer. The City will
in no way be responsible for delays caused by the U.S. Post Office or caused by any other
entity or by any occurrence. Proposals received after the proposal due date and time will not
be accepted and will not be considered.
RFP NO.:
DATE:
92-96/98
6/10/97
CITY OF MIAMI BEACH
3
D. PRE-PROPOSAL CONFERENCE
A Pre-Proposal Conference has been scheduled on July 1, 1997 at 10:00 a.m. in the
Procurement/Human Resources Conference Room, Third Floor, 1700 Convention Center
Drive, Miami Beach, Florida 33139. Proposers are encouraged to submit written questions
to the contact person in advance.
E. CONTACT PERSON/ADDITIONAL INFORMATION/ADDENDA
The contact person for this RFP is the Procurement Director at (305) 673-7490. Proposers
are advised that from the date of release of this RFP until award of the contract, no contact
with City personnel related to this RFP is permitted, except as authorized by the contact
person. Any such unauthorized contact may result in the disqualification of the proposer's
submittal.
Requests for additional information or clarifications must be made in writing to the
Procurement Director no later than the date specified in the RFP timetable. Facsimiles will
be accepted at (305) 673-7851.
The City will issue responses to inquiries and any other corrections or amendments it deems
necessary in written addenda issued prior to the RFP due date. Proposers should not rely on
representations, statements, or explanations other than those made in this RFP or in written
addenda to this RFP. Proposers are required to acknowledge in their proposals the number
of addenda that they received. Proposers should verify with the Procurement Division
prior to submitting proposals that all addenda have been received.
F. PROPOSAL GUARANTY
All proposals must be accompanied by a proposal guaranty, payable to the City of Miami
Beach, in the form of a cashier's check in the amount of $500.00. Failure by a proposer to
honor its proposal or to submit any required insurance or performance bond, within the time
stated, shall cause the proposal guaranty submitted with the proposal to be forfeited.
Any proposal which is not accompanied by the required proposal guaranty shall be
considered non-responsive and ineligible for award.
Proposal guaranty will be returned to successful proposer upon approval of any required
insurance certificates or bonds. Guaranties submitted by other than the successful proposer
will be returned after award of contract.
RFP NO.:
DATE:
92-96/98
6/10/97
CITY OF MIAMI BEACH
4
G. MODIFICA TION/WITHDRA W ALS OF PROPOSALS
A proposer may submit a modified proposal to replace all or any portion of a previously
submitted proposal up until the proposal due date and time. Modifications received after the
proposal due date and time will not be considered.
Proposals shall be irrevocable until contract award unless the proposal is withdrawn in
writing prior to the proposal due date or upon expiration of sixty calendar days after 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.
H. RFP POSTPONEMENT/CANCELLATIONIREJECTION
The City may, at its sole and absolute discretion, reject any and all, or parts of any and all,
proposals; re-advertise this RFP; postpone or cancel, at any time, this RFP process; or waive
any irregularities in this RFP or in any proposals received as a result of this RFP.
I. COST INCURRED BY PROPOSERS
All expenses involved with the preparation and submission of proposals to the City, or any
work performed in connection therewith, shall be borne by the proposer(s) and not be
reimbursed by the City.
J. VENDOR APPLICATION
Prospective proposers should register with the City of Miami Beach Procurement Division;
this will facilitate their receipt of future notices of solicitations when they are issued. All
proposer(s) must re2ister prior to award; failure to re2ister will result in the rejection of
the proposal. Potential proposers may contact the Procurement Division at (305) 673-7490
to request an application.
Registration requires that a business entity complete a vendor application and submit an
annual administrative fee of $20.00. The following documents are required:
1. Vendor registration form
2. Commodity code listing
3. Articles of Incorporation - Copy of Certification page
4. Copy of Business or Occupational License
5. Notarized Florida Public Entity Crime Affidavit
RFP NO.:
DATE:
92-96/98
6/10/97
CITY OF MIAMI BEACH
5
It is the responsibility of the proposer to inform the City concerning any changes, including
new address, telephone number, or commodities.
K. EXCEPTIONS TO RFP
Proposers must clearly indicate any exceptions they wish to take to any of the terms in this
RFP, and outline what alternative is being offered. The City, after completing evaluations,
may accept or reject the exceptions. Where exceptions are rejected, the City may require the
proposer to furnish the services or goods described herein, or negotiate an acceptable
alternative.
L. SUNSHINE LAW
Proposers are hereby notified that all information submitted as part of a response to this RFP
will be available for public inspection after opening of proposals, in compliance with Chapter
286, Florida Statutes, known as the "Government in the Sunshine Law".
M. NEGOTIATIONS
The City may award a contract on the basis of initial offers received, without discussion, or
may require proposers to give oral presentations based on their proposals. The City reserves
the right to enter into negotiations with the selected proposer, and if the City and the selected
proposer cannot negotiate a successful contract, the City may terminate said negotiations and
begin negotiations with the next selected proposer. This process will continue until a
contract has been executed or all proposals have been rejected. No proposer shall have any
rights in the subject project or property or against the City arising from such negotiations.
N. PROTEST PROCEDURE
Unsuccessful proposers may protest any recommendations for contract award by sending a
formal protest letter to the Procurement Director, which letter must be received no later than
5 calendar days after contract award by the City Commission. The Procurement Director
will notify the protester of the cost and time necessary for a written reply, and all costs
accruing to an award challenge shall be assumed by the protester. Any protests received after
5 calendar days from contract award by the City Commission will not be considered, and the
basis or bases for said protest shall be deemed to have been waived by the protester.
O. RULES; REGULATIONS; LICENSING REQUIREMENTS
Proposers are expected to be familiar with and comply with all Federal, State and local laws,
ordinances, codes, and regulations that may in any way affect the services offered, including
the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform
RFP NO.:
DATE:
92-96/98
6/10/97
CITY OF MIAMI BEACH
6
Guidelines, and all EEO regulations and guidelines. Ignorance on the part of the proposer
will in no way relieve it from responsibility.
P. DEFAULT
Failure or refusal of a proposer to execute a contract upon award by the City Commission,
or untimely withdrawal of a proposal before such award is made, may result in forfeiture of
that portion of any proposal surety required equal to liquidated damages incurred by the City
thereby, or where surety is not required, such failure may be grounds for removing the
proposer from the City's vendor list.
Q. CONFLICT OF INTEREST
The award of this RFP is subject to provisions of State Statutes and City ordinances. All
proposers must disclose with their proposal the name(s) of any officer, director, agent, or
immediate family member (spouse, parent, sibling, 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 or any of its affiliates.
R. PROPOSER'S RESPONSIBILITY
Before submitting proposal, each proposer shall make all investigations and examinations
necessary to ascertain all conditions and requirements affecting the full performance of the
contract. No pleas of ignorance of such conditions and requirements resulting from failure
to make such investigations and examinations will relieve the successful proposer from any
obligation to comply with every detail and with all provisions and requirements of the
contract documents, or will be accepted as a basis for any claim whatsoever for any monetary
consideration on the part of the proposer.
S. RELATION OF CITY
It is the intent of the parties hereto that the successful proposer shall be legally considered
to be an independent contractor and that neither the proposer nor the proposer's employees
and agents shall, under any circumstances, be considered employees or agents of the City.
RFP NO.:
DATE:
92-96/98
6/10/97
CITY OF MIAMI BEACH
7
SECTION II - SCOPE OF SERVICES
The intent of this Request for Proposals is to award an exclusive vending machine concession
agreement for the location of vending equipment on City property in the City of Miami Beach, Said
concession agreement shall provide for the installation and maintenance of vending machine
equipment at the sole cost of the Concessionaire.
VENDING EOUIPMENT:
All equipment installed under this concession agreement shall be new or remanufactured in excellent
condition prior to installation. All vending machines must be equipped with coin mechanisms
accepting any combination of nickels, dimes and quarters. The Concessionaire must supply a dollar
changer at each interior location where two or more vending machines are situated.
Each machine must be equipped with a transaction counter or other control acceptable to the City,
and must be licensed as provided in the "Permits" section below.
An initial list of locations at which vending machines shall be located is provided in Section VII,
Attachments.
Written approval shall be obtained from the City Manager or the City Manager's designee prior to
the installation, transfer or removal of any items of equipment.
UTILITIES:
Electrical service, including outlets, shall be furnished by the City at the vending locations at no cost
to the Concessionaire. No water service will be provided in connection with the operation of
vending machines under this concession agreement.
MAINTENANCE:
The Concessionaire shall be responsible for all maintenance and repair of equipment as follows:
Cleaning and polishing of equipment and removal of litter within vending area created by
filling of machines. The Concessionaire shall provide route drivers time to thoroughly clean
each machine as it is filled. This includes cleaning with a sanitizing solution the interior and
exterior of each machine.
Routine - all equipment shall be checked weekly and a record of service calls maintained and
made available to the City.
Each machine must have posted the name and telephone number of the service, repair and
refund facility.
RFP NO.:
DATE:
92-96/98
6/10/97
CITY OF MIAMI BEACH
8
The Concessionaire shall maintain all equipment in good working order and shall replace any
equipment not repairable within two business days.
REFUNDS:
The proposer must include in his proposal a statement describing the procedure whereby refunds will
be provided to the public.
PRICING AND AVAILABILITY OF SERVICES:
The services as outlined herein shall be offered to the public on a daily basis at all times that a
reasonable commercial demand for such services exist, as determined by the Concessionaire.
All initial prices for products must be included in the proposal. Any subsequent changes must be
submitted in writing to the City's Asset Manager, and approval must be secured before
implementing changes.
The City Manager or his designee may request services at additional locations or request additional
products from vending equipment on City property. The Concessionaire is expected to test market
these additional services for a sixty day period. If the Concessionaire demonstrates that the
commercial demand does not exist for the additional services, the Concessionaire will not be
obligated to continue the additional services.
STANDARDS FOR REPORTS
The Concessionaire will prepare true and complete records and accounts of all gross receipts for each
contract year in accordance with generally accepted accounting principles consistently followed, and
report formats shall be subject to the approval of the City's Internal Auditor. Written
recommendations by the Internal Auditor for changes in accounting practices, reporting or controls
will be complied with by the Concessionaire.
GROSS RECEIPTS
The term "gross receipts" as used herein, shall mean all monies paid to the Concessionaire for sales
related to this concession.
SHORT AGES
All cash shortages, regardless of the reason, are to be absorbed by the Concessionaire and are not
to be deducted from gross receipts.
RECORD RETENTION
The Concessionaire will maintain during the term of the agreement and for three years thereafter all
books of accounts, reports, and records, including sales slips, bank deposit slips, bank statements,
and such other sales records as an independent Certified Public Accountant would need to examine
in order to certify the Concessionaire's Annual Statement of Gross Receipts pursuant to generally
accepted accounting standards.
RFP NO.:
DATE:
92-96/98
6/10/97
CITY OF MIAMI BEACH
9
EXAMINATION OF BOOKS AND RECORDS
The Concessionaire will permit the auditors or the City to audit and examine the Concessionaire's
books of account, reports, and records during the term of this agreement, during normal business
hours and upon reasonable notice.
ANNUAL REPORT
The Concessionaire will submit an annual CPA Certified Statement of Gross Receipts to the City
within sixty days after the end of each twelve-month fiscal year. Such Certified Statement will
include an opinion by the CPA as to the accuracy of the Concessionaire's Gross Receipts as defined
by the concession agreement.
LATE FEES
There will be a penalty of$50.00 assessed for late or delinquent payments, along with simple interest
accruing to the City at the rate of 12% per annum. Payments shall be considered late when paid five
(5) days after the due date. Interest shall accrue beginning with the tenth (lOth) day following due
date.
F ACILITIES/PREMISES
Exhibit "A", "Initially Authorized Locations", lists sites where vending machines may be placed
under this agreement. The Concessionaire accepts the current locations of vending machines and
space provided in their as-is condition and is responsible for any interior modifications and
maintenance which may be necessary, including security doors, windows and screens.
The Concessionaire must first obtain the City's written approval of any alteration of the physical
facilities and then must pay for such modifications, which become City assets upon expiration of the
agreement.
ADVERTISING AND SIGNS
All advertising, signage, and po stings shall be approved by the City Manager or his designee and
must comply with the requirements of Planning and Zoning.
COMPLIANCE WITH LAWS. LICENSING AND PERMIT REOUIREMENTS
The Concessionaire shall comply with all rules, regulations, laws, and permitting requirements of
the City of Miami Beach, Dade County, the State of Florida, and the U.S. Government now in force
or hereafter to be adopted.
The Concessionaire shall abide by all ordinances and laws pertaining to its operations and shall
secure, at its expense, all licenses and permits necessary for the operation of the concessions. In
particular, the Concessionaire must obtain an annual Occupational License for a fee of $220.00 per
year. Occupational Licenses are issued for a one-year period expiring each September 30. Each
vending machine must have a City of Miami Beach vending machine license. The current fee for
the licenses is $30.00 per machine per year.
RFP NO.:
DATE:
92-96/98
6/10/97
CITY OF MIAMI BEACH
10
SECTION III - PROPOSAL FORMAT
Proposals must contain the below-enumerated documents, each fully completed and signed as
required. Proposals which do not include all required documentation or are not submitted in the
required format, or which do not have the appropriate signatures on each document, may be deemed
to be non-responsive. Non-responsive proposals will receive no further consideration.
A. CONTENTS OF PROPOSAL
1. Table of Contents
Outline in sequential order the major areas of the proposal, including enclosures. All
pages must be consecutively numbered and correspond to the table of contents.
2. Proposal Points to Address:
Proposer must respond to all minimum requirements listed below, and provide
documentation which demonstrates ability to satisfy all of the minimum qualification
requirements. Proposals which do not contain such documentation may be deemed
non-responSIve.
3. Fee Proposal
Proposer must include fee schedule to be paid to the City.
3. Acknowledgment of Addenda and Proposer Information forms (Section VIII)
4. Any other document required by this RFP. such as a Questionnaire or Proposal
Guaranty.
B. MINIMUM REQUIREMENTS / QUALIFICATIONS:
DESIGN/OPERATIONAL PLANS
At a minimum, this plan should state the intended vending machine concessions which are
contemplated. The frequency and scope of maintenance and service programs should be described
in detail. Any equipment which the proposer intends to supply for the operation of this concession
should be listed.
The proposer must include specific detailed written plans regarding each of the following matters
in its proposal:
1. Listing of proposed products and pricing. (Provide pricing for name brand and
generic products.)
2. Maintenance and service schedule.
RFP NO.:
DATE:
92-96/98
6/10/97
CITY OF MIAMI BEACH
11
3. Decor, signage, and graphic improvements to any premIses assigned to the
Concessionaire.
4. Conceptual plans for any substantial facility improvements must be submitted with
the proposal, with design development drawings within thirty days and final
construction drawings within sixty days following award of the concession
agreement.
OTHER REOUIREMENTS
Provide a minimum of three references for whom similar services are provided. Include contact
name, phone number, and estimated annual contract amount.
Attach a financial statement, balance sheet or assurance that indicates the financial capacity and
viability of the proposer. This statement should be certified by an appropriate corporate official or
by an independent Certified Public Accountant.
Include specifications or photographs of proposed equipment.
Provide a written statement of procedures whereby the public may receive refunds.
Supplemental statements should include preliminary drawings depicting any proposed
improvements, as well as additional information regarding the projected market viability of the
concession plan and any special qualifications and experience which the proposer possesses.
AMOUNTS PAYABLE TO THE CITY
The proposer shall propose an amount to be paid to the City as a concession fee, including both a
percentage of gross receipts and a minimum monthly guarantee. Concessionaire will pay the greater
of the two. Said concession fee shall be paid to the City by the 15th of each month for the preceding
month, and said payment shall be accompanied by a statement of gross revenue for the preceding
month. It is also understood that the applicable Florida State Sales and Use Tax on rental payments
shall be added by the Concessionaire to the Concessionaire's payment.
RFP NO.:
DATE:
92-96/98
6/10/97
CITY OF MIAMI BEACH
12
SECTION IV - EVALUATION/SELECTION PROCESS: CRITERIA FOR EVALUATION
The procedure for proposal evaluation and selection is as follows:
1. Request for Proposals issued.
2. Receipt of proposals.
3. Opening and listing of all proposals received.
4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each
proposal in accordance with the requirements of this RFP. If further information is desired,
proposers may be requested to make additional written submissions or oral presentations
before the Evaluation Committee makes its recommendation.
5. The Evaluation Committee shall recommend to the City Manager the proposal or proposals
acceptance of which the Evaluation Committee believes to be in the best interest of the City.
The Evaluation Committee shall base its recommendations on the following factors:
Proposer's Experience, Financial Qualifications and Professional Reputation
Proposed Operational Concept for the Concession(s)
Proposed Commitment of Equipment and/or Capital Expenditures
Quality and Variety of Proposed Products
Pricing to the Public
Fees to Be Paid to the City
6. After considering the recommendation(s) of the Evaluation Committee, the City Manager
shall recommend to the City Commission the proposal or proposals acceptance of which the
City Manager deems to be in the best interest ofthe City.
7. The City Commission shall consider the City Manager's recommendation(s) in light of the
recommendation(s) and evaluation of the Evaluation Committee and, if appropriate, approve
the City Manager's recommendation(s). The City Commission may reject City Manager's
recommendation(s) and select another proposal or proposals. In any case, City Commission
shall select the proposal or proposals acceptance of which the City Commission deems to be
in the best interest of the City. The City Commission may also reject all proposals.
8. Negotiations between the selected proposer and the City Manager take place to arrive at a
RFP NO.:
DATE:
92-96/98
6/10/97
CITY OF MIAMI BEACH
13
contract. If the City Commission has so directed, the City Manager may proceed to negotiate
a contract with a proposer other than the top-ranked proposer if the negotiations with the top-
ranked proposer fail to produce a mutually acceptable contract within a reasonable period of
time.
9. A proposed contract or contracts are presented to the City Commission for approval,
modification and approval, or rejection.
10. If and when a contract or contracts acceptable to the respective parties is approved by the
City Commission, the Mayor and City Clerk sign the contract(s) after the selected
proposer(s) has or have done so.
Important Note:
By submitting a proposal, all proposers shall be deemed to understand and agree that no
property interest or legal right of any kind shall be created at any point during the aforesaid
evaluation/selection process until and unless a contract has been agreed to and signed by both
parties.
RFP NO.:
DATE:
92-96/98
6/10/97
CITY OF MIAMI BEACH
14
SECTION V - GENERAL PROVISIONS
A. ASSIGNMENT
The successful proposer shall not enter into any sub-contract, retain consultants, or
assign, transfer, convey, sublet, or otherwise dispose of this contract, or of any or all
of its right, title, or interest therein, or its power to execute such contract to any
person, firm, or corporation without prior written consent of the City. Any
unauthorized assignment shall constitute a default by the successful proposer.
B. INDEMNIFICATION
The successful proposer shall be required to agree to indemnify and hold harmless
the City of Miami Beach and its officers, employees, and agents, from and against
any and all actions, claims, liabilities, losses and expenses, including but not limited
to attorneys' fees, for personal, economic or bodily injury, wrongful death, loss of
or damage to property, in law or in equity, which may arise or be alleged to have
arisen from the negligent acts or omissions or other wrongful conduct of the
successful proposer, its employees, or agents in connection with the performance of
service pursuant to the resultant Contract; the successful proposer shall pay all such
claims and losses and shall pay all such costs and judgments which may issue from
any lawsuit arising from such claims and losses, and shall pay all costs expended by
the City in the defense of such claims and losses, including appeals.
c. TERMINATION FOR DEF AUL T
If through any cause within the reasonable control of the successful proposer, it shall
fail to fulfill in a timely manner, or otherwise violate any of the covenants,
agreements, or stipulations material to the Agreement, the City shall thereupon have
the right to terminate the services then remaining to be performed by giving written
notice to the successful proposer of such termination which shall become effective
upon receipt by the successful proposer of the written termination notice.
Notwithstanding the above, the successful proposer shall not be relieved of liability
to the City for damages sustained by the City by virtue of any breach of the
Agreement by the proposer, and the City may reasonably withhold payments to the
successful proposer for the purposes of set off until such time as the exact amount of
damages due the City from the successful proposer is determined.
RFP NO.:
DATE:
92-96/98
6/10/97
CITY OF MIAMI BEACH
15
D. TERMINATION FOR CONVENIENCE OF CITY
The City may, for its convenience, terminate the services then remaining to be
performed at any time without cause by giving written notice to successful proposer
of such termination, which shall become effective thirty (30) days following receipt
by proposer of the written termination notice.
RFP NO.:
DATE:
92-96/98
6/10/97
CITY OF MIAMI BEACH
16
SECTION VI - SPECIAL TERMS AND CONDITIONS
A. PERFORMANCE BOND
Within five (5) calendar days after the award of the Agreement, the successful Respondent will be
required to obtain and provide a $5,000.00 bond which will remain in effect during the term of the
Agreement. The bond shall be executed by a responsible corporate surety which has been given a
B+ VI or higher rating by the most recent edition of AM Best's Insurance Guide and which is
authorized to issue bonds in the State of Florida through an authorized agent with an office in
Florida. In the alternative, an Irrevocable Letter Credit or cash deposit will be accepted.
RFP NO.:
DATE:
92-96/98
6/10/97
CITY OF MIAMI BEACH
17
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS that
as Principal, hereinafter called Contractor, and
as Surety, hereinafter called Surety, are held and firmly bound unto the City of Miami Beach,
Florida, as Obligee, in the amount of
($ ) for the
payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated
entered into a Contract with Owner for:
RFP NO. 92-96/98, OPERATION OF VENDING MACHINE CONCESSIONS AT
VARIOUS LOCATIONS ON CITY PROPERTY IN THE CITY OF MIAMI BEACH"
in accordance with the terms and conditions of said Contract, which is hereby referred to and
made a part hereof as if fully set forth herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if
the above bounded Principal shall well and truly keep, do and perform each and every, all
and singular, the matters and things in said Contract set forth and specified to be by said
Principal kept, done and performed, at the times and in the manner in said Contract specified,
or shall pay over, make good and reimburse to the above named Obligee, all loss and damage
which said Obligee may sustain by reason of failure or default on the part of said Principal
so to do, then this obligation shall be null and void; otherwise shall remain in full force and
effect, subject, however, to the following conditions:
Any suit under this bond must be instituted before the expiration of two (2) years from the
date on which final payment under the Contract falls due.
No right of action shall accrue on this bond to or for the use of any person or corporation
other than the Obligee named herein or the heirs, executors, administrators or successors of
the Obligee.
Contract Bond Form
January 1989
RFP NO.:
DATE:
92-96/98
6/10/97
CITY OF MIAMI BEACH
18
In WITNESS WHEREOF, the above bounden parties have caused this Bond to be
executed by their appropriate officials of the day of
Witnesses:
PRINCIPAL
(If sole Proprietor or partnership)
(Firm Name)
By
Title:(Sole Proprietor or partner)
PRINCIP AL (If Corporation)
(Corporate Name)
By
(President)
Attest:
(Secretary)
(CORPORATE SEAL)
COUNTERSIGNED BY
RESIDENT FLORIDA
AGENT OF SURETY:
SURETY:
(Copy of Agent's current
License as issued by State of
Florida Insurance Commissioner
shall be attached hereto)
BY:
RFP NO.:
DATE:
92-96/98
6/10/97
CITY OF MIAMI BEACH
19
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, , certify that I am the Secretary of the Corporation named as
Principal in the foregoing bond; that who signed the said bond on behalf
of the Principal, was then of said Corporation; that I know his/her
signature, and said signature hereto is genuine; and that said bond was duly signed, sealed, and
attested for and in behalf of said Corporation by authority of its governing body.
Secretary
Corporate
Seal
ACKNOWLEDGMENT OF ATTORNEY-IN-FACT SURETY
ST A TE OF FLORIDA)
ss
COUNTY OF )
Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared
, who says that (s)he is the Attorney-in-Fact for the
(Surety) and that (s)he has been authorized by the Surety to execute
the foregoing bond on behalf of the Surety named therein in favor of the City of Miami Beach,
Florida. Said person is _ personally known to me, or _ has produced (specify type of
identification, 1.e., driver's license and number, state of issue,
etc.) and
_did take an oath, or _ did not take an oath attesting to the truth and correctness of the
statements made.
WITNESS my hand and official seal, at the County and State aforesaid, on the day and year
aforesaid.
(Attach Power of Attorney)
Notary Public
State of Florida-at-Large
My commission Expires:
RFP NO.:
DATE:
92-96/98
6/10/97
CITY OF MIAMI BEACH
20
B. INSURANCE REQUIREMENTS
See Insurance Check List for applicability to this contract.
A. The Contractor shall be responsible for its work and every part thereof, and for all materials,
tools, appliances and property of every description, used in connection with this particular project.
The Contractor shall specifically and distinctly assume, and does so assume, all risks of damage or
injury to property or persons used or employed on or in connection with the work and of all damage
or injury to any person or property wherever located, resulting from any action or operation under
the contract or in connection with the work. It is understood and agreed that at all times the
Contractor is acting as an independent contractor.
B. The Contractor, at all times during the full duration of work under this contract, including extra
work in connection with this project, shall meet the following requirements:
1. Maintain Worker's Compensation and Employer's Liability Insurance to meet the statutory
requirements of the State of Florida.
2. Maintain Commercial General Liability Insurance in amounts prescribed by the City (see
checklist for limits) to protect the Contractor in the interest of the City against all risks of injury to
persons (including death) or damage to property wherever located resulting from any action or
operation under the contract or in connection with the work. This policy is to provide coverage for
premises/operations, independent contractor, broad form property damage, products/completed
operations and contractual liability .
3. Maintain Automobile Liability Insurance including Property Damage covering all owned,
non-owned or hired automobiles and equipment used in connection with the work.
4. Maintain any additional coverage required by the City as indicated on the Insurance Check
List.
5. Name the City of Miami Beach as an additional insured on all liability policies required
by the Contract. When naming the City of Miami Beach as an additional insured, the insurance
companies shall agree and will endorse the policies to state that the City will not be liable for the
payment of any premiums or assessments.
6. No change or cancellation in insurance shall be made without thirty (30) days written
notice to the City.
7. All insurance policies shall be issued by companies authorized to do business under the
laws of the State of Florida, and those companies must have a rating of at least B+: VI or better per
Best's Key Rating Guide, latest edition.
RFP NO.:
DATE:
92-96/98
6/10/97
CITY OF MIAMI BEACH
21
8. Original signed Certificates ofInsurance, evidencing such coverage and endorsements as
required herein, shall be filed with and approved by the City before work is started. The certificate
must state Bid Number and Title. Upon expiration of the required insurance, the contractor must
submit updated certificates of insurance for as long a period as any work is still in progress.
9. It is understood and agreed that all policies of insurance provided by the Contractor are
primary coverage to any insurance or self-insurance the City possesses that may apply to a loss
resulting from the work performed in the Contract.
C. The liability insurance coverage shall extend to and include the following contractual indemnity
and hold harmless agreement:
"The Contractor hereby agrees to indemnify and hold harmless the City of Miami Beach, a municipal
corporation, its officers, agents, and employees from all claims for bodily injuries to the public in
and up to the amount of $1,000,000 for each occurrence and for all damages to the property of others
in and up to the amount of $1 ,000,000 for each occurrence per the insurance requirement under the
specifications including costs of investigation, all expenses of litigation, including reasonable
attorney fees and the cost of appeals arising out of any such claims or suits arising out of any and
all acts or omissions by the Contractor, its agents, servants, or employees, or through the mere
existence of the project under contract."
The foregoing indemnity agreement shall apply to any and all claims and suits other than claims and
suits arising out of the sole and exclusive negligence of the City, its officers, agents, and employees,
as determined by a court of competent jurisdiction.
1. The Contractor will notify its insurance agent without delay of the existence of the Hold
Harmless Agreement contained within the Contract, and furnish a copy ofthe Hold Harmless
Agreement to the insurance agent and carrier.
2. The Contractor will obtain and maintain contractual liability insurance in adequate limits
for the sole purpose of protecting the City under the Hold Harmless Agreement from any and
all claims arising out of contractual operations.
D. All policies issued to cover the insurance requirements herein shall provide full coverage from
the first dollar of exposure and shall be made available to the City upon request to the Contractor.
No deductibles will be allowed in any policies issued on the Contract unless specific safeguards have
been established to assure an adequate fund for payment of deductibles by the insured and approved
by the City.
E. Compliance by the Contractor with the foregoing requirements as to carrying insurance and
furnishing copies of the insurance policies shall not relieve the Contractor of its liabilities and
obligations under any Section or provision of the Contract.
RFP NO.:
DATE:
92-96/98
6/10/97
CITY OF MIAMI BEACH
22
F. Insurance coverage required shall be in force throughout the contract term. Should the Contractor
fail to provide acceptable evidence of current insurance within seven days of receipt of written notice
at any time during the Contract term, the City shall have the right to consider the Contract breached
and declare a default by the Contractor.
G. If the Contractor does not meet the insurance requirements of the specifications, alternate
insurance coverage, satisfactory to the City, may be considered.
RFP NO.:
DATE:
92-96/98
6/10/97
CITY OF MIAMI BEACH
23
XXX 1.
XXX 2.
XXX 3.
XXX 5.
XXX 7.
XXX 8.
XXX 9.
INSURANCE CHECK LIST
Workers' Compensation and Employer's Liability per the Statutory limits of the state
of Florida.
Commercial General Liability (occurrence form), limits ofliability $1,000,000.00 per
occurrence for bodily injury property damage to include Premises/ Operations;
Products and Completed Operations; Independent Contractors; Broad Form Property
Damage Endorsement and Contractual Indemnity (Hold harmless endorsement
exactly as written in "insurance requirements" of specifications).
Automobile Liability - $1,000,000.00 each occurrence -owned/non-owned/hired
automobiles included.
4.
Excess Liability - $
.00 per occurrence to follow the primary coverage.
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
_ Liquor Liability
_ Fire Legal Liability
_ Protection and Indemnity
_ Employee Dishonesty Bond
_ Other-Blanket Fidelity Bond
$
$
$
$
$
$
Thirty (30) days written cancellation notice required.
Best's guide rating B+:VI or better, latest edition.
The certificate must state the bid number and title
BIDDER AND INSURANCE AGENT STATEMENT:
We understand the Insurance Requirements of these specifications and that evidence of this
insurance may by required within five (5) days after bid opening.
Bidder
Signature of bidder
RFP NO.:
DATE:
92-96/98
6/10/97
CITY OF MIAMI BEACH
24
EXHIBIT A
RFP NO.:
DATE:
92-96/98
6/10/97
SECTION VII - ATTACHMENTS
INITIALL Y AUTHORIZED LOCATIONS
CITY OF MIAMI BEACH
25
EXHIBIT A
INITIALLY AUTHORIZED LOCATIONS
City Hall
Convention Center
Fire Station #1
Fire Station #2
Fire Station #3
Fire Station #4
Flamingo Park Tennis Courts
Fleet Management/SanitationlW arehouse
Jackie Gleason Theater of the Performing Arts
Log Cabin
Marine Patrol
Old City Hall/Municipal Court
Parking Department
Police Station
Property Management
South Pointe Park
VCA
RFP NO.:
DATE:
92-96/98
6/10/97
CITY OF MIAMI BEACH
26
RFP NO.:
DATE:
SECTION VIII - PROPOSAL DOCUMENTS TO BE COMPLETED
AND RETURNED TO CITY
92-96/98
6/10/97
CITY OF MIAMI BEACH
27
PROPOSER INFORMATION
Submitted by:
Proposer (Entity):
Signature:
Name (Typed):
Address:
City/State:
Telephone:
Fax:
It is understood and agreed by proposer that the City reserves the right to reject any and all
proposals, to make awards on all items or any items according to the best interest ofthe City,
and to waive any irregularities in the RFP or in the proposals received as a result of the RFP.
It is also understood and agreed by the proposer that by submitting a proposal, proposer shall
be deemed to understand and agree than no property interest or legal right of any kind shall
be created at any point during the aforesaid evaluation/selection process until and unless a
contract has been agreed to and signed by both parties.
(Authorized Signature)
(Date)
(Printed Name)
RFP NO.:
DATE:
92-96/98
6/10/97
CITY OF MIAMI BEACH
28
REQUEST FOR PROPOSALS NO. 92-96/98
ACKNOWLEDGMENT OF ADDENDA
Directions: Complete Part I or Part II, whichever applies.
Part I: Listed below are the dates of issue for each Addendum received in connection with
this RFP:
Addendum No.1, Dated
Addendum No.2, Dated
Addendum No.3, Dated
Addendum No.4, Dated
Addendum No.5, Dated
Part II:
No addendum was received in connection with this RFP.
Verified with Procurement staff
Name of staff
Date
(Proposer - Name)
(Date)
(Signature)
RFP NO.:
DATE:
92-96/98
6/10/97
CITY OF MIAMI BEACH
29
DECLARATION
TO: Jose Garcia-Pedrosa
City Manager
City of Miami Beach, Florida
Submitted this
day of
,1997.
The undersigned, as proposer, declares that the only persons interested in this proposal are named
herein; that no other person has any interest in this proposal or in the Contract to which this proposal
pertains; that this proposal is made without connection or arrangement with any other person; and
that this proposal is in every respect fair and made in good faith, without collusion or fraud.
The proposer agrees if this proposal is accepted, to execute an appropriate City of Miami Beach
document for the purpose of establishing a formal contractual relationship between the proposer and
the City of Miami Beach, Florida, for the performance of all requirements to which the proposal
pertains.
The proposer states that the proposal is based upon the documents identified by the following
number: 92-96/98.
SIGNATURE
PRINTED NAME
TITLE (IF CORPORATION)
RFP NO.:
DATE:
92-96/98
6/10/97
CITY OF MIAMI BEACH
30
PROPOSAL FORM
RFP 92-96/98, OPERATION OF VENDING MACHINE CONCESSION
AT VARIOUS LOCATIONS ON CITY PROPERTY IN THE
CITY OF MIAMI BEACH
The proposer hereby offers to enter into an agreement with the City of Miami Beach for the
exclusive privilege of operating a vending machine concession at various locations for a two-year
period with three I-year renewal options, at the City's discretion, as detailed in these specifications.
CONCESSION PAYMENTS:
The proposer offers to pay to the City of Miami Beach the greater of the following two amounts:
A. MINIMUM GUARANTEE
YEAR 1 $ /PER MONTH $ /YEAR
YEAR 2 $ /PER MONTH $ /YEAR
IF RENEWAL OPTIONS ARE EXERCISED:
YEAR 3 $ /PER MONTH $ /YEAR
YEAR 4 $ /PER MONTH $ /YEAR
YEAR 5 $ /PER MONTH $ /YEAR
-OR-
B. PERCENT AGE OF GROSS RECEIPTS
0/0 FROM $0 TO $ PER MONTH
% FROM $ TO $ PER MONTH
- % FROM $ TO $ PER MONTH
SIGNATURE
PRINTED NAME
RFP NO.:
DATE:
92-96/98
6/10/97
CITY OF MIAMI BEACH
31
Proposer's Name:
Principal Office Address:
Official Representative:
Individual
Partnership (Circle One)
Corporation
If a Corporation. answer this:
When Incorporated:
In what State:
If Foreil:n Corporation:
Date of Registration with
Florida Secretary of State:
Name of Resident Agent:
Address of Resident Agent:
President's Name:
Vice-President's Name:
Treasurer's Name:
Members of Board of Directors:
RFP NO.:
DATE:
92-96/98
6/10/97
QUESTIONNAIRE
CITY OF MIAMI BEACH
32
Ouestionnaire (continued)
If a Partnership:
Date of organization:
General or Limited Partnership*:
Name and Address of Each Partner:
NAME
ADDRESS
* Designate general partners in a Limited Partnership
1. Number of years of relevant experience in operating similar business:
2. Have any similar agreements held by proposer for a project similar to the proposed
project ever been canceled?
Yes ( )
No ( )
If yes, give details on a separate sheet.
3. Has the proposer or any principals of the applicant organization failed to qualify as a
responsible bidder, refused to enter into a contract after an award has been made,
failed to complete a contract during the past five (5) years, or been declared to be in
default in any contract in the last 5 years?
If yes, please explain:
RFP NO.:
DATE:
92-96/98
6/10/97
CITY OF MIAMI BEACH
33
Ouestionnaire (continued)
4. Has the proposer or any of its principals ever been declared bankrupt or reorganized
under Chapter 11 or put into receivership?
If yes, give date, court jurisdiction, action taken, and any other explanation deemed
necessary .
5. Person or persons interested in this bid and Qualification Form
(have) (have not) been convicted by a Federal, State, County, or
Municipal Court of any violation of law, other than traffic violations. To include
stockholders over ten percent (10%). (Strike out inappropriate words)
Explain any convictions:
6. Lawsuits (any) pending or completed involving the corporation, partnership or
individuals with more than ten percent (10%) interest:
A. List all pending lawsuits:
B. List all judgments from lawsuits in the last five (5) years:
C. List any criminal violations and/or convictions of the proposer and/or any of its
principals:
7. Conflicts of Interest. The following relationships are the only potential, actual, or
perceived conflicts of interest in connection with this proposal:
(If none, so state.)
RFP NO.:
DATE:
92-96/98
6/10/97
CITY OF MIAMI BEACH
34
The proposer understands that information contained in this Questionnaire will be relied upon by the City in
awarding the proposed Agreement and such information is warranted by the proposer to be true. The
undersigned proposer agrees to furnish such additional information, prior to acceptance of any proposal
relating to the qualifications of the proposer, as may be required by the City Manager.
The proposer further understands that the information contained in this questionnaire may be confirmed
through a background investigation conducted by the Miami Beach Police Department. By submitting this
questionnaire the proposer agrees to cooperate with this investigation, including but not necessarily limited to
fingerprinting and providing information for credit check.
WITNESSES:
IF INDIVIDUAL:
Signature
Signature
Print Name
Print Name
WITNESSES:
IF PARTNERSHIP:
Signature
Print Name of Firm
Print Name
Address
By:
Signature
(General Partner)
(Print Name)
(Print Name)
WITNESSES:
IF CORPORATION:
Signature
Print Name of Corporation
Print Name
Address
By:
President
Attest:
Secretary
(CORPORATE SEAL)
RFP NO.:
DATE:
92-96/98
6/10/97
CITY OF MIAMI BEACH
35