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2000-24090 RESO RESOLUTION 2000-24090 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE ADMINISTRATION TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR THE PLACEMENT OF BUS SHELTERS STRUCTURES AND OTHER STREET FURNITURE ON THE PUBLIC RIGHT-OF-WAY. WHEREAS, on May 17, 1990, the City issued a Request for Proposals (RFP) calling for the placement offorty (40) new bus shelters and the repair orreplacement of sixty three (63) existing bus shelters; and WHEREAS, responses to the RFP were received on July 10, 1990, and presented to the Mayor and City Commission in September 1990, and an Agreement with the firm of Adshelters, Inc, was entered into on October 1, 1990, for a term often (10) years; and WHEREAS, the current Agreement, which expires on September 30, 2000, does not provide for granting an extension to Eller Media, Inc. (EM), as the successor in interest to Adshelters, Inc.; and WHEREAS, two options where included in the Agreement: (1) to have EM remove all bus shelters at its sole expense; or (2) to purchase all the shelters at their current fair market value; and WHEREAS, the Administration is now requesting permission to issue an RFP for a new agreement for the replacement of the existing bus shelter structures and for the placement of new bus shelters and other street furniture within the City's right-of-way. 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 authorize the Administration to issue Request for Proposals for the placement of bus shelters and other street furniture on the public right-of-way, PASSED and ADOPTED this 27th day of September, 2000, ~)f;; MAYOR ATT~~: () ~r~ CITY CLERK F:\WORK\$ALL\BUSSHEL1\BUSHRESO.WPD APPROVED AS TO FOR.M & LANGUAGE & FOR EXECUTION t1I ifPL "~1 o/~crY tv. arney bote CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 hllp:\\ci.miami-beach.fl,us ~ COMMISSION MEMORANDUM NO. , Ilf-- 00 FROM: Mayor Neisen O. Kasdin and Members of the City Commission Jorge M. Gonzalez \ ~ City Manager 0 DATE: September 27, 2000 TO: SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY ADMINISTRATION TO ISSUE A REQUEST FOR PROPOSALS (RFP) FOR THE PLACEMENT OF BUS SHELTER STRUCTURES AND OTHER STREET FURNITURE ON THE PUBLIC RIGHT-OF-WAY. ADMINISTRATION RECOMMENDATION: Adopt the Resolution. ANALYSIS: On May 17, 1990, the City issued a Request for Proposals (RFP) calling for the placement of forty (40) new bus shelters and the repair or replacement of sixty three (63) existing bus shelters, Responses to the RFP were received on July 10, 1990 and presented to the City Commission on September 1990. An Agreement between the City and the firm of Adshelters, 1nc, was entered into on October 1, 1990, for a term often (10) years, The current Agreement, which expires on September 30, 2000, does not contain an option to extend with Eller Media, Inc. (EM), as the successor in interest to Adshelters, Inc. It states that the City will have two options at the conclusion of the term: (1) to have EM remove all bus shelters at its sole expense; or (2) to purchase all the shelters at their current fair market value, A written notice of which option will be selected is to be sent to EM at least forty five (45) days prior to the termination date, The City Attorney's Office was consulted on the possibility of extending the Agreement with EM. As the Agreement does not provide for an extension term, should the City wish to continue with EM, an extension of the current Agreement would require a waiver, by 517ths vote, ofthe competitive bidding requirement. On June 7, 2000, the City Commission was asked to waive the competitive bidding and extend the Agreement with EM. AGENDA ITEM Ci F DATES-<L-I-OO The City Commission did not adopt the resolution waiving competitive bidding and instead directed the Administration to prepare a Request for Proposals (RFP) for a new Agreement on bus shelters, The City Commission also directed the Administration to present the RFP to the Land Use and Development Committee for discussion, On June 12, 2000, the Administration presented the RFP to the Land Use Committee. After discussion on the different issues and the scope of the RFP, the Administration was directed to extend the scope of the proposals to include other street furniture such as trash receptacles, bus benches, bicycle racks, informational and directory structures, etc, The Committee asked for the revised RFP to be brought to the Committe for approval and recommendation at the next Land Use meeting, On July 17, 2000, the Administration presented the revised RFP to the Land Use Committee and except for minor modifications the Committee recommended that the RFP be presented to the City Commission at the first meeting in September, All materials for the RFP were not available for the September 13, 2000 Commission meeting, The City Administration now recommends that the City Commission authorize the Administration to issue a Request for Proposals for the Placement of Bus Shelter Structures and other Street Furniture on the City's Right-of-Way. (' J~JJ F:\WORK\SALL\BUSSHEL Attachment CITY OF MIAMI BEACH RFP NO. 107-99/00 REQUEST FOR PROPOSALS FOR THE PLACEMENT OF BUS SHELTER STRUCTURES AND OTHER STREET FURNITURE A PRE-PROPOSAL CONFERENCE IS SCHEDULED FOR (TIME) ON (DATE), IN THE (LOCATION) PROPOSALS ARE DUE AT THE ADDRESS SHOWN BELOW NO LATER THAN (DATE) AT 3:00 P.M. 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:l07-99jOO DATE: September 27, 2000 CITY OF MIAMI BEACH PROCUREMENT DIVISION Telephone (305) 673-7490 Facsimile (305) 673-7951 PUBLIC NOTICE Request for Proposal (RFP) NO. (NUMBER) (TITLE) Scope of Services: (INSERT SCOPE OF SERVICES) Sealed qualifications will be received until 3:00 P.M. on (DATE), at the following address: City of Miami Beach, City Hall- Procurement Division, Third Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139. Any response received after 3:00 p.m. on (DATE), will be returned to the proposer unopened. The responsibility for submitting qualifications before the stated time and date is solely strictly the responsibility of the proposer. The City is not responsible for delays caused by mail, courier service, including U.S. Mail, or any other occurrence. A Pre-Proposal Conference is scheduled for (TIMElA.M. on (DATF;) at the following address: City of Miami Beach, City Hall - First Floor Conference Room, 1700 Convention Center Drive, Miami Beach, Florida. The RFP package is available by calling DemandStar.com at (407) 975-3227 and requesting Document #_3. The City of Miami Beach, 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 the RFP or in the responses received as a result of this RFP, as deemed in the best interest of the City of Miami Beach. The City of Miami Beach, 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 the RFP or in the responses received as a result of this RFP, as deemed in the best interest of the City of Miami Beach. RFP NO:l07-99jOO DATE: September 27, 2000 You are hereby advised that this RFP is subject to the "Cone of Silence, " in accordance with Ordinance 99-3164. Requests for additional information or clarifications must be submitted in writin~ to my attention, and may be forwarded via facsimile to: 305-673-7851. Bidders are hereby advised that this RFP is further subject to City of Miami Beach Ordinance No. 2000-3234 (The City's Debarment Ordinance). Gus Lopez, CPPO Procurement Director RFP No:l07-99joO DATE: September 27, 2000 TABLE OF CONTENTS ~ I. OVERVIEW AND PROPOSAL PROCEDURES II. SCOPE OF SERVICES III. PROPOSAL FORMAT IV. EVALUATION/SELECTION PROCESS; CRITERIA FOR EVALUATION V. GENERAL PROVISIONS VI. SPECIAL TERMS AND CONDITIONS VII. ATTACHMENTS VIII. PROPOSAL DOCUMENTS TO BE COMPLETED AND RETURNED TO CITY RFP NO:l07-99jOO DATE: September 27, 2000 SECTION I - OVERVIEW AND PROPOSAL PROCEDURES: A. INTRODUCTION/BACKGROUND The City of Miami Beach is seeking the services of a firm which will enter into an agreement with the City to replace existing bus shelters within the City and to repair and maintain them for a period of ten years. The firm should also be capable of providing other street furniture such as waste receptacles, bus benches, bicycle racks, directory structures, Internet network structures, newsracks, and bicycle rental stands. The bus shelters and furniture shall be of designs selected by the City from those offered by the proposers or from original designs reached upon mutual agreement. The designs shall be consistent with the different City environments and also shall be integrated with each other to obtain uniformity and overall design integrity. It is possible that different designs may be selected for different City areas such as the Art Deco Historic District, the North Beach Development District, etc. Advertising on the bus shelters and the directories will be allowed and revenue sharing from the advertising shall be part of the agreement. Advertising shall not be allowed on any other component of this proposal. The City may select all or some of the components of the proposal. B. RFP TIMETABLE The anticipated schedule for this RFP and contract approval is as follows: RFP issued (Date) Deadline for receipt of questions (Date) Pre-Proposal Conference (Date, Time) Deadline for receipt of proposals (Date, Time) Evaluation committee meeting (Week of Date) Commission approval and authorization of negotiations (Date) Contract negotiations (Date) Projected award date (Date) Proj ected contract start date (Date) C. PROPOSAL SUBMISSION An original and (Number) copies of complete proposal must be received by (Date) at (Time) 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 RFP NO:l07-99jOO DATE: September 27, 2000 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. D. PRE-PROPOSAL CONFERENCE A Pre-proposal conference will be held by the City of Miami Beach, First Floor Conference Room, City Hall, 1700 Convention Center Drive, Miami Beach, FL 33139 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 replies to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the deadline for responding to the RFP. Proposers should not rely on representations, statements, or explanations other than those made in this RFP or in any addendum to this RFP. Proposers are required to acknowledge the number of addenda received as part of their proposals. The proposer should verify with the Procurement Division prior to submitting a proposal that all addenda have been received. F. 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 (number) calendar days from the opening of proposals without a contract award. Letters of withdrawal received after the proposal due RFP NO:l07-99jOO DATE: September 27, 2000 date and before said expiration date and letters of withdrawal received after contract award will not be considered. G. RFP POSTPONEMENT/CANCELLATION/REJECTlON 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. H. 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 the sole responsibility of the proposer(s) and not be reimbursed by the City. I. 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 register prior to award; failure to register 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 It is the responsibility of the proposer to inform the City concerning any changes, including new address, telephone number, services, or commodities. J. 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. In cases in which exceptions are rejected, the City may require the proposer to furnish the services or goods originally described, or negotiate an alternative acceptable to the City. RFP No:l07-99jOO DATE: September 27, 2000 K. 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". L. 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 mutually acceptable contract, the City may terminate the negotiations and begin negotiations with the next selected proposer. This process may 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. M. PROTEST PROCEDURE Proposers that are not selected 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 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. N. 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 Guidelines, and all EEO regulations and guidelines. Ignorance on the part of the proposer will in no way relieve it from responsibility for compliance. O. 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 and approved, may result in forfeiture of that portion of any proposal surety required as liquidated damages to the City; RFP No:l07-99joo DATE: September 27, 2000 where surety is not required, such failure may result in a claim for damages by the City and may be grounds for removing the proposer from the City's vendor list. P. CONFLICT OF INTEREST 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. Q. 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 ofthe contract. Ignorance of such conditions and requirements resulting from failure to make such investigations and examinations will not relieve the successful proposer from any obligation to comply with every detail and with all provisions and requirements of the agreement, or will be accepted as a basis for any claim whatsoever for any monetary consideration on the part of the proposer. R. RELATION OF CITY It is the intent of the parties hereto that the successful proposer 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. S. PUBLIC ENTITY CRIME (pEC) 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.ot7, for CATEGORY TWO for a period of36 months from the date of being placed on the convicted vendor list. RFP NO:l07-99jOO DATE: September 27, 2000 SECTION II - SCOPE OF SERVICES Scope of services shall be to provide the City of Miami Beach with the replacement of one hundred and seven (107) existing bus shelters with new shelters of a design selected by the City from choices included by the proposers in their submittal or by mutual selection. It also includes providing other components such as waste receptacles, bus benches, bicycle racks, directory structures, Internet network structures, newsracks, and bicycle rental stands. The bus shelters and the directories shall be allowed to have advertising of a form agreeable to the City. Revenue from advertising will be shared by the City and the furniture placement firm in a form determined during agreement negotiations and as stated herein. PROJECT DESCRIPTION AND SPECIFICATIONS DESCRIPTION OF WORK: The City seeks an operator to perform any or all of the following activities: (A) At no cost to the City, replace and then maintain as many as one hundred and seven (107) existing bus shelters with new shelters of a design selected by the City from designs presented by the proposer or new designs mutually agreed to by both parties. The new design( s) shall be subject to approval by the City of Miami Beach Design Review Board (DRB) and/or the Historic Preservation Board (HPB). The operator shall bear all costs of presentation to the board(s) and shall become familiar with the requirements of submittal to the board(s). The bus shelters shall contain bus routes information and route maps integrated to the design of the structures. (B) Seek and identify, in cooperation with the City of Miami Beach Administration, suitable sites for placement of as many new bus shelters as is possible to place and as will be allowed by the Metro Dade Transit Authority in accordance to their bus stop placement requirements. The number of new shelters will be mutually determined by the City and the operator. (C) Obtain permits, approvals, agreements, easements, and any other instrument necessary to establish clear legal right to enter upon the selected sites, make required preparations and/or alterations thereto, and to install and maintain bus shelters throughout the term of this contract. (D) Provide bus benches at all bus stop locations where bus shelters cannot be placed. The number of bus benches required will be determined by the number of bus stops within the City of Miami Beach where bus shelters are currently not located. Bus stop locations shall be as established by the Miami-Dade Transit Authority (MDTA) latest location maps. RFP NO:l07-99jOO DATE: September 27, 2000 (E) Provide directory structures at locations identified by the City. The structures shall contain maps and directional information on the City of Miami Beach. Reasonable advertising approved by the City shall be allowed on only one side of these structures. (F) A minimum of 300 waste receptacles shall be provided and placed at locations determined by the City. Waste receptacles shall be as selected by the City from designs presented by the proposers. (G) A minimum of 50 bicycle racks shall be provided and placed at locations determined by the City. Bicycle racks shall be as selected by the City from designs presented by the proposers. (H) A minimum of 10 Internet Network stations shall be provided and placed at locations agreeable to the City. The stations shall provide general information on the City of Miami Beach, have the ability to receive information on and to purchase event tickets, have maps of the City, e-mail, information on public transportation, etc. Advertising shall be allowed on the Internet access portals. Internet network stations shall be as selected by the City from designs presented by the proposers. (I) A mutually agreeable number of bicycle rental stands shall be provided and placed at locations determined by the City. The stands shall provide the users with the rental of bicycles accessed through credit, debit or smart cards. (1) Newsrack enclosures at locations which shall comply with the City of Miami Beach Ordinance. Newsrack enclosures shall be as selected by the City from designs presented by the proposers. Agreements and arrangements between the operator and the newsprint providers shall be made independently of the City. PERMITS AND LICENSES Permits for the placement of the bus shelters and other components requiring a permit shall be obtained from the City of Miami Beach Public Works and Building Departments, and/or any other agencies having jurisdiction. Only one bus shelter shall be permitted at each approved location except as otherwise designated by the City of Miami Beach. The Operator shall not remove any bus shelter installed at a location during the term thereof without first having obtained written consent of the City. The Operator shall have the right to petition the City for removal of an individual bus shelter in the event that it has been subjected to "chronic vandalism". For purposes hereof, the phrase "chronic vandalism" shall be defined as damages inflicted to an individual bus shelter during any six (6) month period, which require cumulative expenditures for replacements and repair that exceed 75% of the cost of installation. Where it has been determined RFP NO:l07-99jOO DATE: September 27, 2000 that the chronic vandalism alleged has been caused by a design fault which is reasonably correctable, the City reserves the right to demand such design correction and reserves the right to withhold permission for removal from the specified site. The City also reserves the right to require the operator to remove any bus shelter on five (5) days written notice. Application for permitting and approval of a bus shelter installation or other component requiring a permit shall be addressed to the City of Miami Beach Public Works Department in the following form: (A) A detailed engineering site drawing showing utility easement, pavement details, street furniture now in place, utility connections and poles, overhead detail such as building overhangs, entrances and awnings, demarcation of zone areas and rights-of-way, and ownership indications. Such location drawing shall accurately show the location of the proposed bus shelter or other component requiring a permit in relation to the outside edge of the pavement of the adjacent street, in relation to the center line and outer limits of the right-of-way of the adjacent road. Such drawing shall also show the location of all curbs and sidewalks, if any. It shall also show the electrical connections and services provided to the shelters or applicable component which shall comply with all local, state and federal codes. The engineering drawing shall be signed and sealed by a State of Florida Registered Professional Engineer. (B) Upon receipt of written approval from the City's Public Works Department, the operator may proceed to install the bus shelter or other component in accordance with the application drawing. GENERAL The successful bidder shall install the bus shelters or other component in accordance with the descriptions and specifications contained herein. The Operator, prior to the Notice to Proceed, shall submit complete detailed specifications of his product to the Public Works Department of the City of Miami Beach for approval. The submittal shall contain detailed information on all the materials used in the fabrication and erection of the bus shelter or other component. This information shall include the superstructure, the framework, the glass, the fasteners, the electrical components, the advertising box and lighting, the bus bench, the Internet access equipment, etc. The bus shelter bench and the bus stop bench shall be provided with dividers which will prevent sleeping on the benches. The electrical box, disconnect and meter for the bus shelter or other applicable component shall be contained in a single enclosure rated for the environment in which it is placed. If the shelter or component requires product approval from the Dade County Product Approval division, the information shall be included with the submittal. The complete submittal shall be required only once at the beginning of the agreement unless the design is changed at the request of the City during the life of the agreement. At that time, if this were the case, a new submittal will RFP NO:l07-99jOO DATE: September 27, 2000 be required. The product submittal shall contain signed and sealed engineering drawings of the shelter structure or other applicable component itself in accordance with the requirements of the current South Florida Building Code (SFBC). It shall also contain signed and sealed calculations showing that the structure complies with all wind, anchoring and impact requirements of the SFBC regarding resistance to hurricane forces. The City retains the right to reject or modify portions of all submittals if it does not comply with code requirements or strength and durability requirements. It is the responsibility of the proposer to insure that the structures contemplated in his proposal shall meet all criteria established herein and in all applicable codes. BUS SHELTER INST ALLA TIONS A. GENERAL The successful proposer shall prepare the sites and install bus shelters or other component at the existing locations and at new locations approved by the City of Miami Beach in accordance with the installation and site preparation details contained herein. The City of Miami Beach may, at any time, elect to name location(s) different from, but comparable to, those approved. Such changes shall be performed at the proposer's expense. All materials, incorporated into the work, shall be new and the best of the kind specified. Removal and disposal of the existing bus shelters shall be arranged by the successful proposer with the current operator of the existing shelters. This shall be done at the expense of the successful proposer and at no cost to the City. A schedule of replacement of the shelters shall be provided to the City for approval in order to insure that the public is always protected and that shelter is always available at the current locations. No existing bus shelter or other applicable component shall be removed, unless a new shelter or component is already available and ready to be installed. Any preparation of the site required to provide a clean, stable and secure foundation for the bus shelters or other component shall be performed at the operator's expense. Any necessary adjustments to the existing bus shelter sites shall also be performed at the operator's expense. B. RESTORATION OF PROPERTY All properties, on public or private land, which are damaged or removed for the installation ofa bus shelter or other component at the convenience of the successful proposer, shall be repaired or replaced by the proposer, at no cost to the City of Miami Beach, prior to the final acceptance of the work. RFP No:l07-99jOO DATE: September 27, 2000 Any sidewalk or pavement restoration shall be performed in accordance with the standards and regulations of the City of Miami Beach Public Works Department. All restoration of landscaping and sodding shall conform to the standards and regulations of the City of Miami Beach. All construction debris shall be removed and hauled away. C. PREWORK CONFERENCE After the award of the Contract and prior to the issuance of the Notice to Proceed, a Prework Conference shall be held between the successful proposer, members of the City of Miami Beach Public Works, Planing and Zoning and Building Departments, the Contract Administrator and any other agency and company that may be affected by the work. The time and place for the conference will be set by the City Administration. The successful proposer shall bring to this conference, for approval by the City of Miami Beach, a description of the type of materials and equipment to be used, the method or procedure to be used in the performance of the work, and a copy of a proposed schedule for the installation of the bus shelters or other component over the life of the Agreement. D. UTILITIES Before beginning operations, the successful proposer shall verify with the various utility companies that its operations are not in such close proximity to utility facilities, or other property, that damage to same may result in expense, loss, disruption of service or undue inconvenience to the public or the owner. Work shall not cornmence until all the arrangements necessary for the protection thereof are made. The successful proposer shall be solely and directly responsible to the owner and operators of such properties for any damage, injury, expense, loss, inconvenience or delay caused by the bidder's operations. E. COMPLETION OF WORK Cleaning- Up - Each bus shelter or other component site shall be cleaned up immediately upon completion of work at that site. All scraps, debris, excess of excavated materials, packing materials, barricades and every other kind of trash or surplus material shall be picked up and hauled away, leaving the site neat, clean, and ready for use. F. CONTINUING MAINTENANCE OBLIGATION The Operator shall maintain all of the bus shelters and other components in good repair as acceptable to the City of Miami Beach and shall be responsible for the cleaning, repairing or replacement of all parts thereof. However, the Operator shall not be responsible for the maintenance or repair of any sidewalks, walkway or curb to which the bus shelters or other RFP No:l07-99jOO DATE: September 27, 2000 components are attached, unless such sidewalk, walkway or curb shall have been damaged through the acts or omission of the Operator, his agents, servants, sub-contractors or employees. The operator shall also be responsible for maintaining the surrounding area of the bus shelters up to five feet around the perimeter of the structure clean of waste and refuse and shall provide a waste receptacle attached to the bus shelter structure which shall be part of the design approved by the City. The operator shall provide the City, at the beginning of each year of the agreement, a complete maintenance and cleaning program with a schedule of frequency of maintenance and cleaning checks for each bus shelter or other applicable component. G. OPERATOR'S FAILURE TO CORRECT CONDITIONS The Operator shall correct any conditions making any bus shelter or other component unacceptable to the general public, property owners in the vicinity, or to the City of Miami Beach, the latter being the final judge of the criterion of acceptability. If any of the bus shelters or other component to be maintained in this contract are deemed unacceptable by the City of Miami Beach, the Operator shall be notified in writing or by telephone. The Operator's failure to correct the conditions within 48 hours of receipt of notice will result in the City of Miami Beach taking immediate remedial action. All costs incurred by the City of Miami Beach in correcting unacceptable conditions shall be charged to the Operator who shall reimburse the City of Miami Beach within ten (10) days of receipt of the City's invoice covering the charges. It is the intent of the City of Miami Beach to impress upon the Operator the need for continual maintenance of the bus shelters or other component in as clean and presentable condition as possible. If the Operator fails to correct the conditions within five (5) days of notification, the City will impose a fine of $100.00 per day until the violation is corrected. The fine shall be payable within ten (10) days of receipt ofthe City's fine notification. H. INSPECTION Bus shelters and other applicable components will be subject to inspection by the City of Miami Beach at any time during the contract period for compliance with the requirements established in this proposal and the subsequent agreement standards. Such inspection is for the sole benefit of the City of Miami Beach and shall not relieve the Operator of the responsibility of providing measures to assure that the bus shelters or other applicable components strictly comply with the Contract documents. RFP No:l07-99jOO DATE: September 27, 2000 I. PLACEMENT CONDITIONS. (1) Definitions. (a) "Bus Shelter" shall mean any structure provided under the Agreement for the use of the public, and that in any manner is connected with the public Streets or Sidewalks within the City or within City properties. (b) "City" shall mean the City of Miami Beach, Florida, its elected officials, agents, and employees. @ "City Manager" shall mean the Manager of the City of Miami Beach, or a designee. (d) "Component" shall mean any of the other items included in this RFP, such as, waste receptacles, bicycle racks, bus benches, etc. (e) "Department" shall mean the Public Works Department of the City of Miami Beach. (f) "Director" shall mean the Director of the Public Works Department of the City of Miami Beach, or the Director's designee. (g) "Operator" shall mean the person owning and operating the bus shelters and other components under this Agreement. (h) "Permittee" shall mean any person issued a permit in accordance with the provisions of the Agreement responsible for the erection, construction, reconstruction, installation, operation, maintenance, dismantling, testing, repair, and use of bus shelters and other components in any manner connected with the Streets or Sidewalks within the City or within City properties. (I) "Person" shall mean an individual, business, firm, corporation, association, partnership, or other organization or group of persons. (j) "Sidewalk" shall mean that area reserved for the public use by pedestrian traffic within the City's zoned right-of-way, including the area above, over, and under such area. (k) "Street" shall mean all that area reserved for the public use for public right-of-way purposes and shall include, but not be limited to: highways, avenues, roads, drives, lanes, boulevards, courts, bridges, cul-de-sacs and roadways. RFP NO:l07-99jOO DATE: September 27, 2000 (2) Permit Required: Length of Permit. (a) A permit shall be required for the placement of each bus shelter or other applicable component under this Agreement. (b) Any bus shelter or other applicable component permit issued by the City in accordance herewith and as part of this Agreement shall be issued for the duration of the agreement or for as long as the component is in place. The permit shall be for the use of the Streets or Sidewalks within the City for the erection, construction, reconstruction, installation, operation, maintenance, dismantling, testing, repair, and use of the bus shelters or any other component. (3) Location and Placement of Bus Shelters or Other Applicable Component. (a) The installation of bus shelters or other applicable component in any manner connected with the Streets and Sidewalks within the City shall be subject to approval by the Department of Public Works and shall conform to the following requirements: (1) It shall be free of interference with the flow of pedestrians, wheelchairs, or vehicular traffic; (2) It shall allow ingress or egress from any place of business; (3) It shall be free of interference with the function of traffic signs or signals, hydrants, or mailboxes. (4) It shall comply with all requirements of the American with Disabilities Act (ADA) for pathway clearances and maneuverability. The required dimensions shall be shown in the permit submittal engineering drawing. (b) Bus shelters or other components shall be placed or otherwise secured to prevent their being blown down or around the Street or Sidewalk and in compliance with the SFBC for resistance to hurricane forces. (c) Bus shelters shall be placed, installed, used, or maintained so as to comply with the Code of the City of Miami Beach and shall not be located within five (5) feet of any pedestrian crosswalk, taxi stand, or counter window or within fifteen (15) feet of any fire hydrant, fire call box, police call box, or other emergency facility or within four (4) feet ofthe curb unless specifically approved by the Public Works Department. (d) The MDTA inventory of bus stops within the City shall be the basis for the location of bus shelters. The City reserves the right to reject a location if it deems RFP No:l07-99jOO DATE: September 27, 2000 it necessary because the placement might create a public nuisance or hazard. (e) In the event of a relocation or elimination of a bus stop by the MOTA, the operator shall be responsible for relocating or removing the bus shelter at its own expense. A new location may be addressed at that time with the City and MDT A if it is available. Re-installation of a bus shelter at a new location will be at the operator's expense. (4) Installation. Maintenance. and Technical Standards. (a) All technical standards governing construction, reconstruction, installation, operation, maintenance, dismantling, testing, repair, and use of the bus shelters provided for herein shall be in accordance with all applicable federal, state, and local laws and regulations, including but not limited to the most recent editions of the South Florida Building Code, National Electrical Code and the National Electrical Safety Code. (b) If the proposer fails to satisfy the requirements of this Article, a five (5) day written notice to repair the bus shelter will be given. Corrections shall be made in accordance with paragraph II-G above. @ Bus shelters and any other component shall be maintained in a neat and clean condition and in good repair at all times. Maintenance and service of the bus shelters and any other component shall include, but not be limited to the following: (1) All visible painted areas shall be kept reasonably free of chipped, faded, peeling, and cracked paint; (2) All visible unpainted metal areas shall be kept reasonably free of rust and corrosion; (3) All clear glass parts shall be kept unbroken and reasonably free of cracks, dents, graffiti, blemishes, and discoloration; (4) The structural parts shall not be broken or unduly misshapen; (5) All electrical components and wiring shall be checked every six months and a report provided to the City. RFP No:l07-99joO DATE: September 27, 2000 1. LIMITATIONS The Agreement shall not be assignable by the operator without the express written permission of the City of Miami Beach through formal amendment. K. ADVERTISING Advertising will be judged by the City using the following criteria: acceptability to the community at large, acceptability to the specific area in which it is placed, the manner in which the message is presented, and compliance with all City Ordinances. No advertising shall contain words, messages or images which might distract vehicular traffic, and no advertising shall contain lewd, lascivious or violent messages which would offend the community standards of obscenity. Proposers shall provide in their response, possible options for the placement of advertising on the shelters and for the size or sizes of the advertising. While the City understands the need to maximize advertising revenue, the City is also interested in maintaining a pleasant aesthetic presence and wants the shelters to be minimally intrusive and maximally representative of the City's image. Within the proposed design or designs of the shelters, their should be attention to the placement ofthe advertising component. The City reserves the right to use five (5) percent of the shelters for advertising of important community safety or general interest informational announcements when the need arises. The operator shall be notified at least three months in advance of the City's intention to place an advertisement. The operator shall then make arrangements for the installation of the advertising. The length of the placement shall be mutually agreed upon at the time of need. L. OWNERSHIP The operator shall retain ownership of the bus shelters and all other components at all times during the life of the agreement. At the end of the ten (10) year period, an extension of the agreement for an additional five (5) year period shall be negotiated between the operator and the City. Terms for the extension shall be determined during negotiations. At the end of both periods, the City may enter into an agreement to purchase the shelters and any other components the City so chooses from the operator or may advertise for a new Request for Proposal to enter into a new agreement with a successful proposer at that time. RFP No:l07-99joo DATE: September 27, 2000 SECTION III - PROPOSAL FORMAT Proposals must contain the following 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. Price Proposal Proposer must include a revenue sharing schedule to be paid to the City from the advertising revenue. A minimum payment of $5,000 per month for the total of the shelters and other components shall be required by the City. A percentage for revenue sharing above and beyond the minimum payment shall be included with the proposal. The percentage portion shall be paid on a quarterly basis. A detailed CPA Certified statement of Gross receipts shall be provided to the City on an annual basis throughout the life of the Agreement. 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. 5. Color photo~raphs and documentary specifications of all proposed components including all options for each com.ponent which the proposer intends to provide. RFP No:l07-99jOO DATE: September 27, 2000 B. MINIMUM REQUIREMENTS / QUALIFICATIONS: (Requesting agency shall include description of the number of years of experience, financial stability, number of references on contracts of similar size and scope, level of technical knowledge, educational degrees, and certifications required) SECTION IV - EV ALUA TION/SELECTION PROCESS: CRITERIA FOR EV ALUA TION 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 to the Evaluation Committee. 5. The Evaluation Committee shall recommend to the City Manager the proposal, acceptance of which the Evaluation Committee deems to be in the best interest of the City. The Evaluation Committee shall base its recommendations on the following factors: A. Experience and Qualifications of the proposer. B. Experience and Qualifications of the project team. C. Quality and comprehensiveness of maintenance program. D. Revenue sharing proposal. E. Methodology and Approach. The above is a representative but not an exhaustive list of criteria. The evaluation committee may consider any other factors which they consider appropriate or necessary for their recommendation. 6. After considering the recommendation(s) of the Evaluation Committee, the City Manager shall recommend to the City Commission the proposal, acceptance of which the City Manager deems to be in the best interest of the City. RFP No:l07-99jOO DATE: September 27, 2000 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 the City Manager's recommendation(s) and select another proposal. In any case, the City Commission shall select the proposal, 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 an agreement. If the City Commission has so directed, the City Manager may proceed to negotiate an agreement with a proposer other than the top-ranked proposer if the negotiations with the top-ranked proposer fail to produce a mutually acceptable agreement within a reasonable period of time. 9. A proposed agreement is 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 agreement after the selected proposer has 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:l07-99jOO DATE: September 27, 2000 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 indenmify 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 Agreement; 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 DEFAULT 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 ofthe written termination notice. In that event, the City shall compensate the successful proposer in accordance with the Agreement for all services performed by the proposer prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful proposer shall not be relieved ofliability 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 demand minimal payments by the successful proposer until such time as the exact amount of damages due the City from the successful proposer is determined. RFP NO:l07-99jOO DATE: September 27, 2000 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 such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the Agreement is terminated by the City as provided in this section, the City shall compensate the successful proposer in accordance with the Agreement for all services actually performed by the successful proposer and reasonable direct costs of successful proposer for assembling and delivering to City all documents. No compensation shall be due to the successful proposer for any profits that the successful proposer expected to earn on the balanced of the Agreement. Such payments shall be the total extent of the City's liability to the successful proposer upon a termination as provided for in this section. SECTION VI - SPECIAL TERMS AND CONDITIONS INDIVIDUAL OR CORPORATION FINANCIAL INFORMATION 1. Attach a financial statement, balance sheet or assurance that indicates the financial capacity and viability of the proposer to fulfill the contract and complete the proposed capital improvements. This statement(s) should be certified by an appropriate corporate official or by an independent certified Public Accountant. Further financial information may be required to clarify or to qualify the proposer for final selection. 2. Give the names and addresses of at least two (2) bank references. Include names and telephone numbers of specific persons who may be contacted. INSURANCE REOUlREMENTS See Insurance Check List for applicability to this contract. A. The operator, at all times during the full duration of this contract, 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. RFP NO:l07-99jOO DATE: September 27, 2000 2. Maintain Comprehensive General Liability Insurance in amounts prescribed by the City (see checklist for limits) to protect the concessionaire 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 this agreement. 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. Name the City of Miami Beach as an additional insured on all liability policies required by this contract. When naming the City of Miami Beach as an additional insured onto your policies, the insurance companies hereby agree and will endorse the policies to state that the City will not be liable for the payment of any premiums or assessments. 5. No change or cancellation in insurance shall be made without thirty (30) days written notice to the City of Miami Beach Risk Manager. 6. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and these companies must have a rating of at least B+:VI or better per Best's Key Rating Guide, latest edition. 7. Original signed Certificates of Insurance, evidencing such coverage and endorsements as required herein, shall be filed with and approved by the City of Miami Beach Risk Manager before work is started. The certificate must state Bid Number and Title. The operator must submit updated certificates of insurance every year to the City of Miami Beach Risk Manager. 8. It is understood and agreed that all policies of insurance provided by the concessionaire are primary coverage to any insurance or self-insurance the City of Miami Beach possesses that may apply to a loss resulting from the work performed in this contract. B. All policies issued to cover the insurance requirements herein shall provide full coverage from the first dollar of exposure. No deductibles will be allowed in any policies issued on this contract unless specific safeguards have been established to assure an adequate fund for payment of deductibles by the insured and approved by the City's Risk Manager. RFP No:l07-99jOO DATE: September 27, 2000 C. The operator will secure and maintain policies of subcontractors. All policies shall be made available to the City upon demand. Compliance by the operator and all subcontractors with the foregoing requirements as to carrying insurance and furnishing copies of the insurance policies shall not relieve the concessionaire and all subcontractors of their liabilities and obligations under any Section or Provisions of this contract. Operator shall be as fully responsible to the City for the acts and omissions of the subcontractor and of persons employed by them as he is for acts and omissions of persons directly employed by him. D. Insurance coverage required in these specifications shall be in force throughout the contract term. Should any awardee 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 justifying the termination thereof. E. Ifbidder does not meet the insurance requirements of the specifications; alternate insurance coverage, satisfactory to the Risk Manager, may be considered. F. It is understood and agreed that the inclusion of more than one insured under these policies shall not restrict the coverage provided by these policies for one insured hereunder with respect to a liability claim or suit by another insured hereunder or an employee of such other insured and that with respect to claims against any insured hereunder, other insured hereunder shall be considered members of the public; only with respect to liability arising out of the ownership, maintenance, use, occupancy or repair of such portions of the premises insured hereunder as are not reserved for the exclusive use of occupancy of the insured against whom claim is made or suit is filed. RFP NO:l07-99jOO DATE: September 27, 2000 INSURANCE CHECK LIST J_l. _L2. X 3. -- 4. - _L 5. _L7. _L8. _L9. Worker's Compensation and Employer's Liability per the Statutory limits of the State of Florida. Comprehensive General Liability (occurrence form), limits ofliability $500,000.00 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 - $100,000/$300,000.00-50,000.00 each occurrence- owned/non-ownedlhired automobiles included. Excess Liability - $ .00 per occurrence to follow the primary coverage. The City must be named as an 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 $ $ $ $ $ $ .00 .00 .00 .00 .00 .00 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 be required within five (5) days after bid opening. Bidder Signature ofInsurance Agent RFP No:l07-99jOO DATE: September 27, 2000 SECTION VIII - PROPOSAL DOCUMENTS TO BE COMPLETED AND RETURNED TO CITY 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. RFP No:l07-99jOO DATE: September 27, 2000 (Authorized Signature) (Date) (Printed Name) RFP No:l07-99jOO DATE: September 27, 2000 REQUEST FOR PROPOSALS NO. (Number) 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:l07-99jOO DATE: September 27, 2000 DECLARATION TO: Jorge M. Gonzalez City Manager City of Miami Beach, Florida day of ,2000. Submitted this 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 agreement 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: RFP No. 107-99/00. SIGNATURE PRINTED NAME TITLE (IF CORPORATION) RFP NO:l07-99jOO DATE: September 27, 2000 Proposer's Name: Principal Office Address: Official Representative: Individual Partnership (Circle One) Corporation If a Corporation. answer this: When Incorporated: In what State: IfForei~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:107-99jOO DATE: September 27, 2000 QUESTIONNAIRE Ouestionnaire (continned) If a Partnershin: Date of organization: General or Limited Partnership*: Name and Address of Each Partner: NAME ADDRESS * Designate general partners in a Limited Partnership l. Number of years ofrelevant 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:l07-99jOO DATE: September 27, 2000 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 ofits 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:l07-99jOO DATE: September 27, 2000 8. Public Disclosure. In order to determine whether the members of the Evaluation Committee for this Request for Proposals have any association or relationships which would constitute a conflict of interest, either actual or perceived, with any proposer and/or individuals and entities comprising or representing such proposer, and in an attempt to ensure full and complete disclosure regarding this contract, all Proposers are required to disclose all persons and entities who may be involved with this Proposal. This list shall include public relation firms, lawyers and lobbyists. RFP No:l07-99jOO DATE: September 27, 2000 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 ofthe 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 Signature By: (General Partner) (print Name) (print Name) WITNESSES: IF CORPORATION: Signature Print Name of Corporation Print Name Address By: President Attest: Secretary RFP NO:l07-99jOO DATE: September 27, 2000 (CORPORATE SEAL) RFP No:l07-99jOO DATE: September 27, 2000