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HomeMy Public PortalAboutLTC 067-2023 Attachment Tourism RFP Strategic Plan NO. 2023-02 Final PDF REQUEST FOR PROPOSALS NO. 2023-02 BAL HARBOUR VILLAGE TOURISM AND EVENTS STRATEGIC PLAN DEVELOPMENT RFP NO.2023-02 2 TABLE OF CONTENTS SECTION 1 – NOTICE OF REQUEST FOR PROPOSALS 1.1 NOTICE OF SOLICITATION 1.2 GENERAL OVERVIEW 1.2.1 SERVICES SOUGHT 1.2.2 MINIMUM QUALIFICATIONS 1.2.3 AGREEMENT FOR THE PROVISION OF SERVICES 1.3 SUBMISSION OF PROPOSALS 1.3.1 AVAILABILITY OF SOLICITATION DOCUMENTS 1.3.2 PROPOSAL SUBMISSION DEADLINE 1.3.3 GENERAL REQUIREMENTS FOR SUBMISSION 1.3.4 QUESTIONS SECTION 2 – SCOPE OF SERVICES SECTION 3 – GENERAL CONDITIONS 3.1 RFP DOCUMENTS 3.2 TAXES 3.3 INTERPRETATIONS AND INQUIRIES 3.4 VERBAL INSTRUCTIONS 3.5 NO CONTINGENCY FEES 3.6 NON-ASSIGNMENT AND NON-TRANSFERABILITY 3.7 FAMILIARITY WITH LAWS AND ORDINANCES 3.8 ADVERTISING 3.9 AGREEMENT EXECUTION 3.10 FACILITIES 3.11 WITHDRAWAL OR REVISION OF PROPOSAL PRIOR TO AND AFTER OPENING 3.12 VILLAGE’S EXCLUSIVE RIGHTS: 3.12.4 Award all or a portion of the Services set forth in the RFP as determined to be in the RFP NO.2023-02 3 3.12.5 Reject any or all Proposals if found by the Village Manager or Council not to be in the 3.13 ADDENDA 3.14 PUBLIC RECORDS 3.15 PUBLIC ENTITY CRIME 3.16 INSURANCE REQUIREMENTS 3.17 INDEMNIFICATION 3.18 ADDITIONAL TERMS AND CONDITIONS 3.19 DISQUALIFICATION OF PROPOSERS 3.20 ADJUSTMENT, CHANGES AND DEVIATIONS 3.21 SUBCONTRACTING 3.22 EMPLOYMENT OF DISABLED INDIVIDUALS 3.23 ANTI DISCRIMINATION…………………………………………………………………….17 SECTION 4 – PROCUREMENT 4.1 AVAILABILITY OF SOLICITATION DOCUMENTS 4.2 SUBMISSION OF PROPOSALS 4.2.1 COPIES 4.2.2 PACKAGING 4.2.3 COSTS OF PREPARATION 4.2.4 WITHDRAWAL, RETURN, MODIFICATION AND CORRECTION 4.2.5 LOBBYISTS 4.3 PROPOSAL SUBMISSION DEADLINE 4.4 METHOD OF AWARD 4.4.1 PROPOSAL EVALUATION AND SCORING 4.5 PROCUREMENT SCHEDULE 4.6 QUESTIONS AND REQUESTS FOR CLARIFICATION 4.7 PROPOSAL FORMAT 4.7.1 COVER PAGE 4.7.2 TABLE OF CONTENTS 4.7.3 INTRODUCTION LETTER RFP NO.2023-02 4 4.7.4 MINIMUM QUALIFICATIONS 4.7.5 QUESTIONNAIRE 4.7.6 CURRICULUM VITAE 4.7.7 CLIENT REFERENCES 4.7.8 CLIENT PERFORMANCE EVALUATION SURVEY 4.7.10 ADDITIONAL FORMS 4.8 EVALUATION OF SUBMITTED PROPOSALS 4.8.1 EVALUATION COMMITTEE 4.8.2 EVALUATION CRITERIA 4.9 PROTEST PROCEDURES 4.9.1 STANDING 4.9.2 PROCEDURE FORM 1 FORM 2 FORM 3 FORM 4 SWORN STATEMENT PURSUANT TO FLORIDA STATUTE SECTION 287.133(3)(a) ON PUBLIC ENTITY CRIMES RFP NO.2023-02 5 SECTION 1 – NOTICE OF REQUEST FOR PROPOSALS 1.1 NOTICE OF SOLICITATION NOTICE IS HEREBY GIVEN that Bal Harbour Village, Florida (the “VILLAGE”) will be accepting sealed proposals (“Proposals”) for: REQUEST FOR PROPOSALS NO. 2023-02 TOURISM AND EVENTS STRATEGIC PLAN DEVELOPMENT The Village is requesting Proposals from qualified and experienced firms (“Proposers”) to create an integrated comprehensive strategic plan to drive tourism by creating a framework to support the short and long-term success and resilience of Bal Harbour Village’s tourism industry. Sealed Proposals must be received by the Village Clerk by no later than May 26, 2023 at 3:00 p.m. (the “Proposal Submission Deadline”) at Village Hall, 655 96th Street, Bal Harbour Village, Florida 33154. 1.2 GENERAL OVERVIEW 1.2.1 SERVICES SOUGHT The tourism goals of Bal Harbour Village are centered on enhancing the local community and increasing the overall benefit and economic impact generated by the tourism industry and include: (1) increase traveler spending and tax revenues; (2) increase travel demand year-round; (3) elevate Bal Harbour’s recognition as an international tourism destination; (4) maximize marketing return on investment; (5) support current and future events in Bal Harbour Village. The framework will guide the strategies and goals executed by Bal Harbour Village and its Tourism Department. This framework should be developed using a participative process, based on active engagement of the relevant stakeholders to our community, including elected officials, members of the Village’s Resort Tax Committee, representatives from hotels and restaurants in Bal Harbour, the Bal Harbour Shops, tourism entities in South Florida, and from the public and private sectors, with a focus on: (1) changes in the Bal Harbour tourism environment, (2) emerging short and long-term strategic issues, (3) implications for tourism development in Bal Harbour, (4) levering Bal Harbour’s tourism brand expand economic and real estate investments and opportunities in Bal Harbour. 1.2.2 MINIMUM QUALIFICATIONS In order to be considered, Proposers must provide with their submittal, evidence that they are qualified to satisfactorily perform the specified Services. Evidence shall include all information necessary to certify that the Proposer: maintains a permanent place of business; has not had just or proper claims pending against the Proposer or the Proposer’s firm; and has provided services of a type similar to the Services sought through this RFP. The evidence will consist of a listing of contracts RFP NO.2023-02 6 for similar services that have been provided to public and/or private-sector clients, within a minimum of the last five years. All firms that submit a Proposal shall meet, the following minimum qualifications: 1. The firm, or principals of the firm, shall be regularly engaged in the business of providing the services as described herein. The firm shall have a record of performance and operation within Florida for a five-year period of time immediately preceding this request for proposal. The firm shall have sufficient financial support, equipment, and organization to insure that they can satisfactorily execute the services if awarded a Contract under the terms and conditions herein stated. There shall not be any pending criminal charges against the firm, principal owners, partners, corporate officers, or management employees. The term “equipment and organization” as used herein shall be construed to mean a fully equipped and well-established operation as determined by officials of the Village of Bal Harbour. 2. Contractor shall be qualified to perform the work described herein and shall comply with all applicable State Statutes and local codes, regulations and ordinances. 3. Bidder must have trained personnel with the necessary certifications/licensing to perform the work. The bidder must show proof of having met these minimum requirements on the “Bidder Qualification Statement” THE VILLAGE WILL NOT ACCEPT ANY SUBSTITUTION FOR THIS FORM. 1.2.3 AGREEMENT FOR THE PROVISION OF SERVICES Subject to the approval of the Village Council of Bal Harbour Village, the agreement to be awarded (the “Agreement”) as a result of this solicitation shall be for the development of a comprehensive strategic plan to drive tourism and recovery by creating a framework to support the short and long-term success and resilience of Bal Harbour Village’s tourism industry. 1.3 SUBMISSION OF PROPOSALS 1.3.1 AVAILABILITY OF SOLICITATION DOCUMENTS Request For Proposals No. 2023-02 Tourism and Event Strategic Plan Development will be made available to interested parties at Village Hall, 655 96 Street, Bal Harbour Village, Florida 33154, Monday through Friday from 9:30 a.m. to 4:30 p.m. Proposals shall be submitted in the form required in the RFP. Additionally, the Village utilizes Public Purchase (www.publicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this RFP. Any prospective proposer who has received this RFP by any means other than through Public Purchase must register immediately with Public Purchase to assure it receives any RFP NO.2023-02 7 addendum issued to this RFP. Failure to receive an addendum may result in the disqualification of a proposal submitted. 1.3.2 PROPOSAL SUBMISSION DEADLINE Proposals must be received by the Village Clerk by the Proposal Submission Deadline, as indicated by the official clock at Village Hall. Sealed Proposals will be opened publicly at Village Hall immediately after the Proposal Submission Deadline. Any Proposal received after the Proposal Submission Deadline will be returned unopened. The responsibility for submitting Proposals befor e the Proposal Submission Deadline is solely that of the Proposer. The Village will not be responsible for delays caused by mail, including U.S. Mail, courier service, or any other occurrence. 1.3.3 GENERAL REQUIREMENTS FOR SUBMISSION Each Proposal shall be submitted in a separate plain sealed parcel, box or other secure packaging marked as the “Proposal”. The outside of the sealed package must clearly indicate RFP 2023-02 TOURISM AND EVENT STRATEGIC PLAN DEVELOPMENT, and shall be submitted to the Village Clerk at Village Hall, 655 96 Street, Bal Harbour Village, Florida 33154. The outside of the sealed package must clearly indicate the Proposer’s name, mailing address and the name and telephone number of the Proposer’s contact person. The Proposal shall contain ten (10) complete paper copies and one electronic original, all of which must contain all information required for the Proposal to be considered fully responsive to the requirements contained in the RFP. Proposals submitted to the Village Clerk shall not be returned to the Proposer for any reason. No Proposal may be withdrawn within 90 calendar days after the Proposal Submission Deadline. Withdrawal before the expiration of this 90-day period, or modification or correction of a Proposal after it has been opened by the Village Clerk shall constitute breach by the Proposer. The Village will not supply or sell any materials, including, but not limited to, envelopes, labels or tape, to any Proposer in connection with the submission or preparation of a Proposal. The Village Council of Bal Harbour Village reserves the right to reject any and all Proposals, to waive any informality within a Proposal, and to award an agreement pursuant to this RFP in the best interests of the VILLAGE. All lobbyists must register with the Village prior to engaging in any lobbying related to or in connection with this RFP. The lobbying registration requirements of the Village are set forth in Section 2-301 of the Village Code. RFP NO.2023-02 8 1.3.4 QUESTIONS Any questions concerning the RFP shall be submitted in writing no later than seven business days prior to the Proposal Submission Deadline to Ramiro J. Inguanzo by first class mail at 655 96th Street, Bal Harbour Village, Florida 33154, or by email at: Ringuanzo@balharbourfl.gov RFP NO.2023-02 9 SECTION 2 – SCOPE OF SERVICES 2.1. Background Bal Harbour Village is located in Miami-Dade County in South Florida, USA. By way of this RFP, the Village is soliciting proposals from interested parties for the development of an integrated comprehensive strategic plan to drive tourism and recovery by creating a framework to support the short and long-term success and resilience of Bal Harbour Village’s tourism industry. Celebrating our seventy fifth anniversary in 2021, Bal Harbour Village remains a pristine community, a carefully designed haven for the very best in residential living and upscale tourism. With elegant homes and condominiums, elite shops and exquisitely manicured roadways, the Village is widely recognized as the jewel in the crown of South Florida’s communities – a model for the good life. For generations, Bal Harbour Village has drawn discerning visitors seeking the best that Miami has to offer—in an atmosphere that’s contemporary, luxurious, and serene. Our mission is defined by the “Bal Harbour Experience” – that distinctive feeling one experiences when living in or visiting our unique, curated, refined community. Located in Bal Harbour Village are the Bal Harbour Shops, an exquisite collection of designer boutiques, department stores and restaurants in a lush tropical garden setting. An internationally renowned shopping destination, it’s a favorite playground for socialites, fashionistas, and celebrities. Retailers and restaurants include Salvatore Ferragamo, Alexander McQueen, Balenciaga, Brioni, Chanel, Dolce & Gabbana, Fendi, Goyard, Harry Winston, Prada, Richard Mille, Van Cleef & Arpels, Versace, Makoto, Le Zoo, Carpaccio and Hillstone. The anchors are Neiman Marcus and Saks Fifth Avenue. Featuring some of the Miami area’s most celebrated dining, the restaurants of the Village offer a range from the family-friendly and casual, to multi-course gourmet cuisine, including Carpaccio, Le Zoo, Makoto, Aba, and Hillstone Bal Harbor. There are four hotels in Bal Harbour Village, including the 5-Star St. Regis Resort, the 4-Star Ritz-Carlton Resort, the Sea View Hotel, and Beach Haus Bal Harbour. The Bal Harbour Tourism Department is responsible for the marketing and branding efforts of the Village, including: Promoting Bal Harbour’s unique Lifestyle, Culinary and Hotel Offerings, Cultural Connections, Extraordinary Fashion Selection and Secluded Beaches; and increasing brand equity, awareness and preference amongst Tourists, Travel Professionals and Potential Residents in Key Feeder Markets throughout North and Latin America, and Europe. The focus of the Tourism Department is to position Bal Harbour Village as a premier luxury and lifestyle destination worldwide. This is achieved by continuing to re-invest and support the Village by strengthening the awareness of Bal Harbour Village, building demand for the destination from both tourists and potential residents, and generating business for our partners. The Tourism Department accomplishes this goal in a RFP NO.2023-02 10 number of ways, including: Advertising; Representation in key strategic domestic and international markets, using contracted professionals in these key markets which include Argentina, Brazil, Canada, Chile, Mexico and the U.S; Coordinating press and familiarization trips to Bal Harbour from these key markets; a recurring partnership with the Greater Miami Convention and Visitors Bureau (GMCVB); and developing Special Event programming to enhance the “Bal Harbour Experience”. Bal Harbour Village is one of only three Miami-Dade County municipalities, along with the City of Miami Beach and the Town of Surfside, to levy a resort tax, and in doing so takes advantage of the benefits derived from this revenue source. This includes the reinvestment in the promotion of tourism and enhancing tourist eligible activities throughout the Village as well as efforts related to the beautification and maintenance of the Village in areas visited by tourists. Bal Harbour Village levies a Resort Tax of four (4) percent of the amount received for the occupancy of a room in any hotel, motel, or apartment house. In addition, it levies two (2) percent on retail sales of all items of food or beverages, alcoholic or otherwise, sold at retail for consumption on the premises, at any place of business within the Village. Both these levies are consistent with Part I, Chapter 212, of Florida Statutes. 2.2. Purpose The Village is seeking proposals to establish a contract(s) with a qualified and experienced vendor, hereinafter referred to as the “CONTRACTOR”, to provide the Services described under this RFP. The Village intends to award a contract to a qualified firm to create an integrated comprehensive strategic plan to drive tourism by creating a framework to support the short-and-long-term success and resilience of Bal Harbour’s tourism industry. The tourism goals of Bal Harbour Village are centered on enhancing the local community and increasing the overall benefit and economic impact generated by the tourism industry and include: (1) increase traveler spending and tax revenues; (2) increase travel demand year-round; (3) elevate Bal Harbour’s recognition as an international tourism destination; (4) maximize marketing return on investment; (5) support current and future events in Bal Harbour Village. 2.3. Scope of Work-Basic Services Each of the required tasks and key focus areas listed below should be considered incorporating the following: (1) What strategies, plans and metrics could be undertaken by Bal Harbour Village to support each focus area, including sustainable destination and product development, and (2) What strategies, plans and metrics could be undertaken by Bal Harbour to support destination marketing, promotion and visitor services to build brand awareness and tourism demand. RFP NO.2023-02 11 Tasks 1. Analysis • Interview members of the Bal Harbour Village Executive Staff to obtain their perspectives on past, current and future tourism and special events objectives for Bal Harbour. • Conduct necessary review of existing Village and stakeholder master/general plans, including but not limited to Brand Pillars, Style Guidelines, Marketing and Advertising Strategy. • Conduct a review of the tourism market to identify changes in the local marketplace and the global tourism environment, including comparisons to competitive cities/regions, like-destinations with a focus luxury, and similar hotels and amenities. • Review the Tourism Department’s program of work to include tourism development program structure and priorities and tourism development program allocation of resources. • Assess our current approach and evaluate its impact/success as well as assess the curret key markets we focus on and advise on whether they are the right ones and if there are other key markets we should focus on, and if so, what the potential return on investment (ROI). 2. Assessment • Conduct an extensive participative process of engagement of stakeholders through interviews and potentially surveys for completion of a custom Strengths, Weaknesses, Opportunities and Threats (SWOT) assessment to include, but not limited to: i. Government – Mayor, Council Members, Village Manager, Department relevant Department Directors and staff (including contracted market representatives), Resort Tax Committee members. ii. Business Stakeholders – General Managers and Sales, Marketing and PR Representatives from all Bal Harbour hotels and restaurants, Executives from the Bal Harbour Shops, art galleries, and other vested entities. iii. Tourism Industry Partners – Representatives from the Greater Miami Conventions and Visitors Bureau, Surfside Tourism Department, Sunny Isles Beach Tourism Department, and Miami Beach Visitors and Convention Authority. 3. Evaluation and Recommendations • Event Development – what are the best practices in special events in Bal Harbour, including events that the Village should consider participating in, promoting or producing. • Experiences – top emerging travel trends or products domestically and globally that Bal Harbour should consider; existing Bal Harbour products and experiences that could be elevated; best practices in promoting these opportunities; enhancements needed to keep Bal Harbour attractive to relevant emerging generations. RFP NO.2023-02 12 • Infrastructure and Investment – what are Bal Harbour’s greatest infrastructure and product needs to grow leisure, meetings, special events visitations during the next 5-10 years and resources required. • Research – additional research that the Village should consider obtaining with emphasis on domestic and international visits. • Tourism Industry Advancement – How can local tourism partners better collaborate to support Bal Harbour’s tourism brand • Travel Market & Product Development – existing best practices in travel marketing and promotion in comparison to: competitive cities/regions; like-destination with focus on luxury; and similar hotels and amenities. Desired Final Outcomes The desired final outcomes of the complete process of the required tasks and deliverables should include: 1. Alignment between the Mayor, Council, Village Management and primary tourism, community and business stakeholders as to the major opportunities and challenges confronting Bal Harbour’s tourism development. 2. Alignment as to what the guiding principles of Bal Harbour’s tourism and special event framework should be. 3. Understanding and consensus about Bal Harbour’s primary SWOT that directly impact the Village’s tourism competitiveness and identification of those issues/items that require action in the short and long term. 4. A strategic framework for Bal Harbour Village that include, but not limited to: i. Recommended action plan for the Tourism Department ii. Key priorities for the Bal Harbour tourism and special events efforts iii. High level actionable items and timelines for implementation iv. Specific strategies for tourism and economic development initiatives 5. Alignment and support for the strategic framework and what Bal Harbour Village will need from a staffing and budgetary perspective to actualize the strategic framework. Task Deliverables 1. A verbal and written summary of findings and recommendations resulting from the internal and external reviews with all stakeholders. 2. Public outreach to provide direction in the preparation of custom SWOT exercises and analysis of results. 3. Preparation of evaluations along with recommended strategic goals, objectives, and actions including for: event and experience development, staffing, research, tourism industry advancement, and travel marketing & product development. Final Outcome Deliverables 1. Final summary of all discussions and presentation of a collaborative Tourism Strategic Framework that will guide the development of Bal Harbour’s tourism and special events action plan and short-and-long term strategies. RFP NO.2023-02 13 2. A final proprietary Tourism Strategic Framework document for Bal Harbour Village that identifies goals, priorities, and achievable objectives/actions for the next 3-5 years in areas including but not limited to: • Public Relations Strategy • Sales & Marketing Strategy • Event Development • Experience Development • Travel Research, Marketing and Product Development 3. Recommended Metrics for assessing progress in achieving objectives. 4. The final draft report due date is approximately 120 days from the signing of the contract, anticipated to be approximately September 30, 2023. Final Report due following review and feedback 30-45 days after draft report is submitted. 2.4 ADDITIONAL SERVICES The CONTRACTOR may be requested to perform additional services or provide service frequencies at the discretion of the Village. END OF SECTION RFP NO.2023-02 14 SECTION 3 – GENERAL CONDITIONS 3.1 RFP DOCUMENTS This RFP, including Forms 1-5, constitutes the complete set of RFP documents (the “RFP Documents”). All RFP Documents must be executed, sealed and submitted as described in this RFP. Proposals shall be submitted in the form proscribed herein. By submitting a Proposal, the Proposer agrees to be subject to all terms and conditions specified herein. No exception to the terms and conditions in this RFP shall be allowed. Submittal of a Proposal to this RFP constitutes a binding offer by the Proposer. A Proposer’s failure to comply with any provisions in this RFP may result in disqualification, at the discretion of the VILLAGE. 3.2 TAXES The CONTRACTOR shall not be entitled to the VILLAGES’s tax exempt benefits. 3.3 INTERPRETATIONS AND INQUIRIES All Proposers shall carefully examine the RFP Documents. Any ambiguities or inconsistencies shall be brought to the attention of the VILLAGE or its agent in writing prior to the Proposal Submission Deadline. Any questions concerning this RFP shall be submitted in writing to Ramiro J. Inguanzo, Assistant Village Manager by first class mail at 655 96th Street Bal Harbour Village, FL 33154 or by e-mail at: ringuanzo@balharbourfl.gov no later than seven days before the Proposal Submission Deadline. Submission of a Proposal will serve as prima facie evidence that the Proposer has examined the RFP and is fully aware of all conditions affecting the provision of services. No person is authorized to give oral interpretations of, or make oral changes to, the RFP Documents. Oral statements will not be binding and should not be relied upon. Any interpretation of, or changes to, the RFP Documents will be made in the form of a written addendum to the RFP document and will be furnished by the VILLAGE to all Proposers. Only those interpretations of, or changes to, the RFP Documents that are made in writing and furnished to Proposers by the VILLAGE may be relied upon. 3.4 VERBAL INSTRUCTIONS No negotiations, decisions, or actions shall be initiated or executed by a Proposer as a result of any discussions with any VILLAGE employee. Only those communications from Proposers, which are signed and in writing, will be recognized by the VILLAGE as duly, authorized expressions on behalf of the Proposer. RFP NO.2023-02 15 3.5 NO CONTINGENCY FEES By submitting a Proposal, the Proposer warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Proposer, to solicit or secure an agreement resulting from the successful Proposal, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Proposer, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of that Agreement. 3.6 NON-ASSIGNMENT AND NON-TRANSFERABILITY Proposals shall not be assigned or transferred. A Proposer who is, or may be, purchased by or merged with any other corporate entity during any stage of the Proposal process, through to and including awarding of and execution of an Agreement, is subject to having its Proposal disqualified as a result of such transaction. The VILLAGE Manager shall determine whether a Proposal is to be disqualified in such instances. If, at any time during the Proposal process, filings, notices or like documents are submitted to any regulatory agency concerning the potential acquisition of a Proposer, or the sale of a controlling interest in the Proposer, or any similar transaction, the Proposer shall immediately disclose such information to VILLAGE. Failure to do so may result in the Proposal being disqualified, at the VILLAGE’s sole discretion. 3.7 FAMILIARITY WITH LAWS AND ORDINANCES The submission of a Proposal for the provision of the Services requested herein shall be considered as a representation that the Proposer is familiar with all federal, state and local laws, ordinances, rules and regulations which affect those engaged or employed in the provision of such Services, or equipment used in the provision of such Services, or which in any way affects the conduct of the provision of such Services, and no plea of misunderstanding will be considered on account of ignorance thereof. If the Proposer discovers any provisions in the RFP Docume nts that are contrary to or inconsistent with any law, ordinance, or regulation, he shall report it to the VILLAGE in writing without delay. 3.8 ADVERTISING By submitting a Proposal, the Proposer agrees not to use the results therefrom as a part of any advertising or Proposer-sponsored publication without the express written approval of the Village Manager or designee. RFP NO.2023-02 16 3.9 AGREEMENT EXECUTION The terms, conditions and provisions in this RFP shall be included and incorporated in the final Agreement between the VILLAGE and the successful Proposer. In the event of a discrepancy between the Agreement executed and the RFP, the order of precedence will be: the Agreement, the RFP Documents, the Proposal and general law. Such Agreement shall be in a form and of a legal sufficiency that is approved by the Village Attorney. Any and all legal action necessary to interpret or enforce the Agreement will be governed by the laws of Florida. The venue shall be Miami- Dade County, Florida. 3.10 FACILITIES The Village Manager or designee reserves the right to inspect each Proposer’s facilities at any reasonable time, during normal working hours, without prior notice to determine that the Proposer has a bona fide place of business and is a responsible Proposer. 3.11 WITHDRAWAL OR REVISION OF PROPOSAL PRIOR TO AND AFTER OPENING No Proposal may be withdrawn within 90 calendar days after the Proposal Submission Deadline. Withdrawal before the expiration of this 90-day period, or modification or correction of a Proposal after it has been opened by the Village Clerk shall constitute breach by the Proposer. 3.12 VILLAGE’S EXCLUSIVE RIGHTS: The VILLAGE reserves the exclusive rights to: 3.12.1 Waive any deficiency or irregularity in the selection process; 3.12.2 Accept or reject any or all proposals in part or in whole; 3.12.3 Request additional information as appropriate; 3.12.4 Award all or a portion of the Services set forth in the RFP as determined to be in the best interest of the VILLAGE; 3.12.5 Reject any or all Proposals if found by the Village Manager or Council not to be in the best interest of the VILLAGE; and/or 3.12.6 Reject the sole Proposal in the event of a sole Proposal. 3.13 ADDENDA The VILLAGE reserves the right to issue addenda to this RFP. Each Proposer shall acknowledge receipt of such addenda in writing. In the event any Proposer fails to RFP NO.2023-02 17 acknowledge receipt of such addenda, its Proposal shall nevertheless be construed as though the addenda had been received and acknowledged and the submission of its Proposal shall constitute acknowledgment of receipt of all addenda, whether or not received by the Proposer. It is the responsibility of each Proposer to verify that it has received all addenda issued before submitting a Proposal to the VILLAGE. 3.14 PUBLIC RECORDS Upon award recommendation or 30 days after Proposal opening, whichever is earlier, any material submitted in response to this RFP will become property of the VILLAGE and shall constitute a "public record" under Florida Law, subject to public disclosure consistent with Chapter 119, Florida Statutes (the “Florida Public Record Law”). Proposers must claim the applicable exemptions to disclosure provided by law in their Proposal to the RFP by identifying materials to be protected, and must state the reasons why such exclusion from public disclosure is necessary and legal. The VILLAGE reserves the right to make all final determinations of the applicability of the Florida Public Records Law. 3.15 PUBLIC ENTITY CRIME Pursuant to Florida Statutes Section 287.133(3)(a), all Proposers must sign and complete the Public Entity Crime Sworn Statement attached as Form 4 to this RFP. A person or affiliate who has been placed on the convicted vendor list following a conviction of a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a consultant, supplier, or subcontractor, under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 3.16 INSURANCE REQUIREMENTS The successful Proposer shall purchase and maintain through the term of its engagement with the VILLAGE such professional liability, workers compensation coverage and other insurance as is appropriate for the Services being performed hereunder by the successful Proposer, its employees or agents. All insurance policies shall be issued by companies authorized to do business in the State of Florida and shall have a rating of at least B+:VI or better per Best’s Key Rating Guide, latest edition. The amounts and types of insurance shall conform to the following minimum requirements: RFP NO.2023-02 18 3.16.1 Worker's Compensation Coverage must apply for all employees and statutory limits in compliance with the applicable state and federal laws. In addition, the policy must include the following: • Employer's Liability with a minimum limit per accident in accordance with statutory requirements; and • The policy must be endorsed to provide VILLAGE with 30 days’ written notice of cancellation and/or restriction. 3.16.2 General Liability coverage must include: • $2,000,000.00 combined limit per claim; and • Contractual coverage applicable to this specific Agreement, including any hold harmless and/or indemnification Agreement. 3.16.3 Comprehensive Automobile Liability Coverage must be afforded on a form no more restricted than the latest edition of the Comprehensive Automobile Liability Policy filed by the Insurance Services Office and must include: • $2,000,000.00 combined single limit per accident for bodily injury and property damage; • Owned Vehicles; • Hired and Non-Owned Vehicles; • Employee Non-Ownership; and • The policy must be endorsed to provide the VILLAGE with 30 days’ written notice of cancellation and/or restriction. 3.16.4 CONTRACTOR shall provide the VILLAGE with certificates of insurance evidencing the coverage required herein. With the exception of the worker’s compensation insurance policy and professional liability policy, CONTRACTOR shall provide an endorsement to the policy naming the VILLAGE as additional insured and providing that the policy may not be canceled without thirty days’ prior written notice to the VILLAGE. 3.17 INDEMNIFICATION 3.17.1 The CONTRACTOR shall defend, indemnify and save harmless the VILLAGE, its officers, agents, and employees, from and against any and all liability, claims, demands, or damages, to the extent caused by the negligent acts or omissions, misfeasance, or malfeasance of the CONTRACTOR, its agents, servants, or employees, including fines, fees, expenses, penalties, and RFP NO.2023-02 19 attorney’s fees for trial and on appeal, and of any kind and nature arising out of the actions of the CONTRACTOR connected with the RFP or the performance of any agreement resulting from this RFP, whether by act or omission of the CONTRACTOR, its agents, servants, employees or others, regardless of the partial fault or negligence of the VILLAGE, it’s officers, agents and employees. 3.17.3 CONTRACTOR acknowledges that specific consideration will be paid under this procurement for this hold harmless and indemnification provision, and further agrees with the foregoing provisions of indemnity and agrees to pay for and maintain in force at all times during the term of the Agreement awarded under this RFP, all of the insurance policies required herein. 3.18 ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions submitted by the Proposer with the Proposal shall be evaluated or considered. Any and all such additional terms and conditions shall have no force or effect and shall be deemed inapplicable to this RFP. 3.19 DISQUALIFICATION OF PROPOSERS The VILLAGE shall not consider more than one Proposal from any individual, firm partnership, corporation or association operating under the same or different names. Reasonable grounds for believing that a Proposer is involved in more than one Proposal for the same work will be cause for rejection of all Proposals in which Proposer is believed to be involved. 3.20 ADJUSTMENT, CHANGES AND DEVIATIONS Unless expressly provided for in the specifications of the RFP, no adjustments changes or deviations to the RFP will be accepted. 3.21 SUBCONTRACTING No subcontracting, including employee leasing, shall be permitted without the prior written approval of the Village Manager, which may be given in his or her sole and absolute discretion. Proposers shall include a list of all subcontractors that Proposer intends to utilize in the performance of the Services contemplated in this RFP. If the additional or substitute subcontractors are utilized during the term of the Agreement, a list of the proposed additional or substitute subcontractors shall be presented to the Village Manager for his approval. 3.22 EMPLOYMENT OF DISABLED INDIVIDUALS The VILLAGE is supportive of the hiring and employment of physically and developmentally disabled persons and strongly encourages the hiring of disabled RFP NO.2023-02 20 persons by VILLAGE contractors. CONTRACTORS shall use their best efforts to employ disabled persons in the performance of the Agreement. 3.23 Anti-Discrimination By responding to this RFP, Proposer certifies that it does not discriminate in its membership or policies based on race, color, national origin, religion, sex, sexual orientation, familial status or handicap. Proposer further agrees that is not currently engaged in, nor will it engage in during the term of this Agreement the boycott of a person or business based in or doing business with a member of the World Trade Organization or any country with which the United States has free trade. END OF SECTION RFP NO.2023-02 21 SECTION 4 – PROCUREMENT 4.1 AVAILABILITY OF SOLICITATION DOCUMENTS This RFP will be made available to interested parties at Village Hall, 655 96 Street, Bal Harbour Village, Florida 33154, Monday through Friday from 9:30 a.m. to 4:30 p.m. Proposals shall be submitted in the form required by this RFP. 4.2 SUBMISSION OF PROPOSALS 4.2.1 COPIES The Proposal shall contain ten (10) complete paper copies and one electronic original, all of which must contain all information required for the Proposal to be considered fully responsive to the requirements contained in the RFP. The VILLAGE reserves the right to request additional copies of the Proposal, which shall be provided at no cost to the VILLAGE. 4.2.2 PACKAGING Each Proposal shall be submitted in a separate plain sealed parcel, box or other secure packaging marked as the “Proposal”. The outside of the sealed package must clearly indicate “RFP NO. 2019-02, ASPHALT, CONCRETE, & PAVER REPAIR”, and shall be submitted to the Village Clerk at Village Hall, 655 96 Street, Bal Harbour Village, Florida 33154. The outside of the sealed package must clearly indicate the Proposer’s name, mailing address, and the name and telephone number of the Proposer’s contact person. No facsimile, electronic or e-mail responses will be considered. 4.2.3 COSTS OF PREPARATION The VILLAGE will not supply or sell any materials, including, but not limited to, envelopes, labels or tape, to any Proposer in connection with the submission or preparation of a Proposal. The VILLAGE is not liable for any costs incurred by a Proposer in responding to this RFP, including those for oral presentations. 4.2.4 WITHDRAWAL, RETURN, MODIFICATION AND CORRECTION Proposals submitted to the Village Clerk shall not be returned to the Proposer for any reason. No Proposal may be withdrawn within 90 calendar days after the Proposal Submission Deadline. Withdrawal before the expiration of this 90 -day period, or modification or correction of a Proposal after it has been opened by the Village Clerk shall constitute breach by the Proposer. RFP NO.2023-02 22 4.2.5 LOBBYISTS All lobbyists must register with the VILLAGE prior to engaging in any lobbying related to or in connection with this RFP. The lobbying registration requirements of the VILLAGE are set forth in Section 2-301 of the VILLAGE Code. 4.3 PROPOSAL SUBMISSION DEADLINE Proposals must be received by the Village Clerk by the Proposal Submission Deadline on Friday, May 26, 2023 at 3:00 p.m., as indicated by the official clock at Village Hall. Sealed Proposals will be opened publicly at Village Hall immediately after the Proposal Submission Deadline. Any Proposal received after the Proposal Submission Deadline will be returned unopened. The responsibility for submitting Proposals before the Proposal Submission Deadline is solely that of the Proposer. The VILLAGE will not be responsible for delays caused by mail, including U.S. Mail, courier service, or any other occurrence. 4.4 METHOD OF AWARD 4.4.1 PROPOSAL EVALUATION AND SCORING The Village will open all submittals received prior to the stated deadline and will review all submittals for compliance with the requirements set forth in this RFP. An Evaluation Committee, which will be appointed by the Village Manager, will review, evaluate and score each Proposal in accordance with the requirements set forth in this RFP. If further information is desired, Proposers may be requested to make additional written submittals and/or oral presentations to the Evaluation Committee. The Village Manager will consider the recommendation of the Evaluation Committee before recommending a firm for approval by the Village Council. The VILLAGE reserves the right to reject any and all Proposals, to waive any informality within a Proposal, and to award this RFP in the best interests of the VILLAGE. 4.5 PROCUREMENT SCHEDULE The tentative schedule for this solicitation is as follows: EVENT DATE RFP Issuance April 21, 2023 Deadline for Questions May 15, 2023 Proposal Submission Deadline May 26, 2023 at 3:00 p.m. Evaluation Committee Meeting TBD Council Recommendation TBD RFP NO.2023-02 23 4.6 QUESTIONS AND REQUESTS FOR CLARIFICATION The contact person for this RFP shall be: Ramiro J. Inguanzo, Assistant Village Manager 655 96th Street, Bal Harbour Village, FL 33154 305-866-4633 Ringuanzo@balharbourfl.gov Any questions or requests for clarification must be made in writing. E-mail requests are acceptable. Please send all questions and/or requests for clarification to the contact named above, no later than seven days prior to the Proposal Submission Deadline noted above. Failure to submit requests in writing by the specified time shall not be grounds for a protest. While the written requirements of this RFP and its amendments are binding, oral communications between Proposers and the VILLAGE are not. 4.7 PROPOSAL FORMAT Proposals shall be organized and tabbed in accordance with the sections and manner specified below. Hard-copy submittals should be bound and tabbed as set forth below and include a table of contents with page references. Electronic copies should also be tabbed and contain a table of contents with page references. Respondents should prepare their submittal on 8.5-inch by 11-inch paper. A Proposal may include other materials such as covers, appendices and brochures, but must contain the documents set forth below, each fully completed, and signed as required, in order to be considered responsive. 4.7.1 COVER PAGE The first page of the Proposal shall indicate that it is a Proposal submitted in response to this RFP, identify the Proposer and its principals, designate one contact person for the Proposal and set forth the Proposer and contact person’s address, telephone and facsimile numbers and e-mail address. 4.7.2 TABLE OF CONTENTS The Proposal table of contents shall 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. 4.7.3 INTRODUCTION LETTER The introduction letter shall summarize the Proposer’s qualifications and areas of specialization, and shall demonstrate that the Proposer meets each of the Qualitative Criteria set forth in Section 4.7.4 below. RFP NO.2023-02 24 4.7.4 MINIMUM QUALIFICATIONS Proposers must be able to demonstrate an exemplary record of performance the past five years, and have sufficient financial capacity equipment, and organization to ensure that they can satisfactorily provide the Services if awarded an Agreement under the terms and conditions of this solicitation. The terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the VILLAGE. Proposals will only be considered from firms which are regularly engaged in the business of providing the Services as described in this RFP. To satisfy the Minimum Qualifications requirement, the Proposal must: 1. Proposer’s Experience: Indicate the Proposer’s years of experience in providing the Services. Proposer must have a minimum of five years’ experience providing the Services to Municipalities. Provide a list of current municipalities for which the Proposer is providing Vacuum Truck Services and describe those services. 2. Principal in Charge’s Experience: Provide a comprehensive summary of the experience and qualifications of the chief executive of the Proposer. This individual must have completed have a minimum of five years’ experience providing Vacuum Truck Services. 3. Project Manager’s Experience: Provide a comprehensive summary of the experience and qualifications of the individual who will be selected to serve as the Project Manager. This individual must have completed a minimum of five years’ experience providing Vacuum Truck Services. This individual must be capable of speaking and making decisions on behalf of the Proposer. 4.7.5 QUESTIONNAIRE Proposer shall complete the Questionnaire attached as Form 1 to this RFP and include its responses to same with the Proposal. 4.7.6 CURRICULUM VITAE Proposer must include in the Proposal the curriculum vitae of each of the firm’s principals and each of Proposer’s employees, staff members, volunteers and/or subcontractors that would assist in the provision of Services sought through this solicitation. RFP NO.2023-02 25 4.7.7 CLIENT REFERENCES The Proposal shall include a list of a minimum of five client references, each which includes the name, title, company, address, telephone and facsimile numbers and email addresses. By submitting said references, the Proposer authorizes the Evaluation Committee to communicate with the person or firms listed regarding the Proposer’s experience in providing the Services. 4.7.8 CLIENT PERFORMANCE EVALUATION SURVEY Each Proposer shall submit, from a minimum of five existing or previous clients, the Performance Evaluation Letter and Survey attached as Form 2 to this RFP. The Proposer shall provide the Evaluation Letter and Survey to its clients and request that the clients submit the completed survey along with submitted proposal by the deadline date of May 26, 2023 at 3:00 p.m. Proposers are responsible for ensuring that the required number of clients return completed Performance Evaluation Surveys to the VILLAGE. The VILLAGE reserves the right to verify and confirm any information submitted as part of the Performance Evaluation Survey. Such verification may include, but is not limited to, speaking with clients, reviewing the relevant client documentation, site visitation, and any other method of independently confirming the data submitted. 4.7.9 PRICING Each Proposer shall complete the Form 5 PRICING and include the completed form with their submittal. 4.7.10 ADDITIONAL FORMS The Proposer shall complete Forms 3 and 4 attached to this RFP and include the completed forms with their submittal. The Proposer shall submit an equipment inventory that would be available for utilization in the completion of the services detailed within the scope of services. 4.8 EVALUATION OF SUBMITTED PROPOSALS 4.8.1 EVALUATION COMMITTEE The Evaluation Committee shall meet to evaluate each Proposal in accordance with the Evaluation Criteria established herein. In doing so, the Evaluation Committee may review and score all Proposals received, with or without conducting oral presentations, or review all Proposals received and short-list one or more Proposers to be further considered in oral presentations, using the established criteria. RFP NO.2023-02 26 4.8.2 EVALUATION CRITERIA The Evaluation Committee shall rank the Responders according to and base its recommendation to the Village Council on the following factors: • Experience of the Proposer (maximum of 15 points) • Experience of the key professionals that will be assigned to the provision of Services (maximum of 15 points) • Availability of resources to perform the required Services (maximum of 10 points) • Proposed approach towards the delivery of Services (maximum of 15 points) • Recent, current, and projected workloads of the Proposer (maximum of 5 points) • Quality of references (maximum of 10 points) • Price (maximum of 30 points) Inspection of the Proposer's facility may be made prior to the award of the Agreement. The VILLAGE may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a Proposer, including past performance (experience), in making an award that is in the best interest of the VILLAGE. The VILLAGE may, during the period that the Agreement between the VILLAGE and the successful Proposer is in force, review the successful Proposer's record of performance to ensure that the Proposer is continuing to provide sufficient financial support, equipment, and organization as prescribed in this solicitation. Irrespective of the Proposer's performance on any Agreement awarded to it by the VILLAGE, the VILLAGE may place said Agreement on probationary status and implement termination procedures if the VILLAGE determines that the successful Proposer no longer possesses the financial support, equipment, or organizational capacity which would have been necessary during the Proposal evaluation period in o rder to comply with the demonstration of competency required under this subsection. 4.9 PROTEST PROCEDURES 4.9.1 STANDING Parties that are not actual Proposers, including, but not limited to, subcontractors, material and labor suppliers, manufacturers and their representatives, shall not have standing to protest or appeal any determination made pursuant to this section. RFP NO.2023-02 27 4.9.2 PROCEDURE 4.9.2.1 Protest of Failure to Qualify. Upon notification by the VILLAGE that a Proposer is deemed non-responsive and/or non-responsible, the Proposer who is deemed non-responsive and/or non-responsible may file a protest with the Village Clerk by close of business on the third Business Day after notification (excluding the day of notification) or any right to protest is forfeited. (Village Hall hours are as follows: Monday-Thursday from 9:00 am to 5:00 pm and Friday from 8:00 am to 3:00 pm.) 4.9.2.2 Protest of Award of Agreement. After a Notice of Intent to Award an Agreement is posted, any proposer who is aggrieved in connection with the pending award of the Agreement or any element of the process leading to the award of the Agreement may file a protest with the Village Clerk by close of business on the third Business Day after posting (excluding the day of posting) or any right to protest is forfeited. 4.9.2.3 Content and filing. The protest shall be in writing, shall identify the name and address of the protester, and shall include a factual summary of, and the basis for, the protest. Filing shall be considered complete when the protest and the Protest Bond are received by the Village Clerk, as indicated by the official clock at the Village Hall reception desk. 4.9.2.4 Protest Bond. Any Proposer filing a protest shall simultaneously provide a Protest Bond to the VILLAGE in the amount of ten thousand dollars ($10,000). If the protest is decided in the protester's favor, the entire Protest Bond shall be returned to the protester. If the protest is not decided in the protester's favor, the Protest Bond shall be forfeited to the VILLAGE. The Protest Bond shall be in the form of a cashier's check. 4.9.2.5 Protest Committee. The Protest Committee shall review all protests. The Village Manager shall appoint the members of the Protest Committee. No member of the Village Council shall serve on the Protest Committee. The Village Attorney or designee shall serve as counsel to the Committee. The meeting of the Protest Committee shall be open to the public and all of the actual proposers shall be notified of the date, time and place of the meeting. If the Protest Committee determines that the protest has merit, the Village Manager shall direct that all appropriate steps be taken. If the Protest Committee denies the protest, the protester may appeal to the Village Council. All of the actual proposers shall be notified of the determination by the Protest Committee. The Protest Committee shall terminate upon the award of the Agreement, or such other time as determined by the Village Council. RFP NO.2023-02 28 4.9.2.6 Stay of award of Agreement or RFP Process. In the event of a timely protest, the Village Manager shall stay the award of the Agreement or the RFP process unless the Village Manager determines that the award of the Agreement without delay or the continuation of the RFP process is necessary to protect any substantial interest of the VILLAGE. The continuation of the RFP process or award under these circumstances shall not preempt or otherwise affect the protest. 4.9.2.7 Appeals to Village Council. Any actual proposer who is aggrieved by a determination of the Protest Committee may appeal the determination to the Village Council by filing an appeal with the Village Clerk by close of business on the third Business Day after the protester has been notified (excluding the day of notification) of the determination by the Protest Committee. The appeal shall be in writing and shall include a factual summary of, and the basis for, the appeal. Filing of an appeal shall be considered complete when the appeal is received by the Village Clerk. 4.9.2.8 Failure to file protest. Any actual Proposer that does not formally protest or appeal in accordance with this Section shall not have standing to protest or challenge an award of an Agreement by the Village Council. RFP NO.2023-02 29 FORM 1 QUESTIONNAIRE Firm Name: __________________________________________________________________ Firm Address: ________________________________________________________________ Firm Contact Information: _______________________________________________________ Firm Representative (name and title): ______________________________________________ Representative Contact Information: _______________________________________________ Firm Type (circle one): Individual Partnership Corporation If Corporation: Date and Place of Incorporation: __________________________________________________ If Foreign Corporation: Date of Registration with Florida Secretary of State: ___________________________________ Name of Resident Agent: _______________________________________________________ Address of Resident Agent: ______________________________________________________ President: ___________________________________________________________________ Vice President: _______________________________________________________________ Treasurer: ___________________________________________________________________ Board of Directors: _____________________________________________________________ If Partnership: Date and Place of Organization ___________________________________________________ Partners: ____________________________________________________________________ On a separate sheet of paper, please provide answers to the following questions: RFP NO.2023-02 30 1. Number of years of relevant experience. 2. Please list the names, titles, responsibilities, qualifications and certifications for all staff members, employees, volunteers and/or subcontractors of Proposer that would be involved in the provision of Services. 3. Provide an organizational chart for the Proposer firm. 4. Describe Proposer’s qualifications and experience in the provision of street sweeper services. 5. Have any agreements held by Proposer for a project ever been canceled or terminated? 6. Has Proposer or any of its principals failed to qualify as a responsible bidder, refused to enter into a contract after an award has been made, failed to complete a contract or declared to be in default in any contract in the last five years? 7. Has Proposer or any of its principals ever been declared bankrupt or reorganized under Chapter 11 or put into receivership? 8. Has Proposer or any of its principals or employees been convicted in federal, state, county or municipal court for a violation of law other than a traffic violation? 9. Is the Proposer a party to any pending litigation? 10. Has the Proposer been a party to any lawsuit filed within the last 10 years? 11. Please list any person involved in this Proposal that is not listed above. 12. Please list potential, actual or perceived conflicts of interest in connection with this solicitation. 13. Has Proposer been involved in any discussions regarding a merger or acquisition of its firm, partnership with another firm or a transfer or assignment of its contracts, assets and/or liabilities? Proposer hereby acknowledges that the information contained in this Questionnaire will be relied upon by the VILLAGE in awarding this solicitation, and such information is warranted by Proposer to be true. The undersigned Proposer agrees to furnish such additional information, prior to acceptance of any Proposal relating to the qualifications of Proposer, as may be required by the VILLAGE. Proposer further understands that the information contained in this Questionnaire may be confirmed through background investigation conducted by the VILLAGE. By submitting this Questionnaire, Proposer agrees to cooperate with said investigation, including but not limited to fingerprinting and providing information for a credit check. WITNESS: IF INDIVIDUAL Signature Signature Print Name Print Name WITNESS: IF PARTNERSHIP: Signature Print Name of Firm RFP NO.2023-02 31 Print Name Address By: General Partner Print Name WITNESS: IF CORPORATION: Signature Print Name of Firm Print Name Address By: President (CORPORATE SEAL) Attest: Print Name RFP NO.2023-02 32 FORM 2 PERFORMANCE EVALUATION COVER LETTER AND SURVEY Number of pages including this cover: 2 REQUEST FOR PROPOSALS NO. 2023-02 TOURISM AND EVENTS STRATEGIC PLAN DEVELOPMENT To: Phone: Fax: E-mail: Re: Performance Evaluation of __________________________________________ To Whom It May Concern: The Village of Bal Harbour, Florida (the “Village”) has issued Request for Proposals No. 2023-02, requesting proposals from qualified and experienced providers. The above- referenced company has chosen to participate in this solicitation process and has listed you as a past or current client for whom they have done work. In connection with its solicitation, the Village collects past performance information on firms and contractors that provide professional services and compete for Village contracts. The information you provide will be used to assist the Village in the selection of a firm to provide asphalt, concrete, and paver repair services to the Village by a licensed contractor. Both the company and the Village would greatly appreciate you taking a few minutes out of your busy day to complete the accompanying questionnaire. Please review all items in the following attachment and answer the questions to the best of your knowledge. If you cannot answer a particular question, please leave it blank. Please return this questionnaire to survey to Ramiro J. Inguanzo at 655 96th Street, Bal Harbour Village, Florida 33154, or by email at: Ringuanzo@balharbourfl.gov. Thank you for your time and effort in this matter. Name, Title ______________________________________ ______________________ RFP NO.2023-02 33 PERFORMANCE EVALUATION SURVEY BAL HARBOUR VILLAGE RFP NO. 2023-02 Company Name: ______________________________________________________________ Point of Contact: _____________________________________________________________ Phone and email: _____________________________________________________________ Nature of services provided: _____________________________________________________ Please evaluate the performance of the Contractor Firm and/or Project manager. A score of 10 means you are very satisfied and have no questions about hiring them again, and a score of one is if you would never hire them again because of very poor performance. Please indicate by “N/A” if there is a criteria that does not apply. NO. CRITERIA SCORE (1 to 10) 1 Ability to perform the requested services 2 Accessibility of firm’s staff and principals 3 Ability to ensure the project is completed on-time and within budget 4 Responsiveness 5 Quality of services provided 6 Quality and accuracy of on-site inspection 7 Ability to respond to feedback 8 Professionalism 9 Overall customer satisfaction Overall Comments: Company providing Referral: _________________________________________________ Contact Name:_____________________________________________________________ Contact Phone and e-mail: ___________________________________________________ Date of Services: __________________________________________________________ Dollar Amount for Services: __________________________________________________ Thank you for your time and effort. Please return this form to Ramiro J. Inguanzo at 655 96th Street, Bal Harbour Village, Florida 33154, or by email at: Ringuanzo@balharbourfl.gov. RFP NO.2023-02 34 FORM 3 DRUG-FREE WORKPLACE PROGRAM CERTIFICATION Pursuant to Florida Statutes Section 287.087 (“Preference to Businesses with Drug -Free Workplace Programs”), whenever two or more bids, proposals, or replies that are equal with respect to price, quality, and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid, proposal, or reply received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. In order to have a drug-free workplace program, a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. (2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). (4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. (6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. Does the individual responding to this solicitation certify that their firm has implemented a drug-free workplace program in accordance with the provision of Section 287.087, Florida Statues, as stated above? YES _______, NO _______ NAME OF BUSINESS: ____________________________________________ SIGNATURE:_______________________________________________ RFP NO.2023-02 35 FORM 4 SWORN STATEMENT PURSUANT TO FLORIDA STATUTE SECTION 287.133(3)(a) ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to Bal Harbour Village, Florida. by: __________________________________________________________________________ (print individual’s name and title) for: _________________________________________________________________________ (print name of entity submitting sworn statement) whose business address is: ___________________________________________________ and (if applicable) its Federal Employer Identification Number (FEIN) is: _______________. (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: _______-_________-_______.) 2. I understand that a “public entity crime” as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentations. 3. I understand that “convicted” or “conviction” as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an “affiliate” as defined in Paragraph 287.133(1)(a), Florida Statutes, means: a. A predecessor or successor of a person convicted of a public entity crime; or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term “affiliate” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm’s length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. RFP NO.2023-02 36 5. I understand that a “person” as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term “person” includes those officers, directors, executives, partners. Shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement, which I have marked below, is true in relations to the entity submitting this sworn statement. (Indicate which statement applies). Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with ad convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list (attach a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. ______________________________ Signature RFP NO.2023-02 37 Sworn to and subscribed before me this ________ day of __________________, 20_____. Personally known ________________________ ________________________________________ OR Produced identification __________________ Notary Public, State of ________________________________________ ________________________________________ My commission expires: ________________________________________ Type of identification Printed, typed or stamped commissioned name of notary public