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HomeMy WebLinkAboutR-86-0417i 3f J-86-483 j 6/3/86 RESOLUTION NO.- i I A RESOLUTION AUTHORIZING THE CITY MANAGER TO ADVERTISE, RECEIVE AND ACCEPT PROPOSALS FOR TEMPORARY NON-EXCLUSIVE CONCESSION PRIVILEGES AT VIRGINIA KEY BEACH DURING THE CITY - SPONSORED 1986 SPLASHDOWN CONCERT SERIES SCHEDULED FOR JUNE 29, JULY 27 AND AUGUST 24, 19861 FURTHER AUTHORIZING THE ISSUANCE OF APPROXIMATELY SIXTY (60) TEMPORARY CONCESSION PERMITS TO THE MOST ADVANTAGEOUS PROPOSERS, IN SUBSTA14TIALLY THE FORM ATTACHED. WHEREAS, the Parks and Recreation Department has scheduled the 1986 Splashdown Concert Series at Virginia Key Beach, to consist of three (3) Disco Concerts on June 29, July 27 and August 24, 1986; and WHEREAS, in order to adequately promote the series and service the needs of attendees during each of the six (6) hour concerts, it is recommended that the City arrange to permit concession sales of food, non-alcoholic beverages, promotional items, arts and crafts; and WHEREAS, approximately sixty (60) permitted concessionaires will be determined on the basis of responses to an advertised request for proposals and will be required to provide a return to the City from gross receipts to offset City costs for the concerts; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to advertise, receive and accept proposals for temporary non- exclusive concession privileges at Virginia Key Beach during the City sponsored 1986 Splashdown Concert Series, scheduled for June 29, July 27, and August 24, 1986. 1 Section 2. The City Manager is hereby authorized to issue approximately sixty (60) temporary, non-exclusive Concession Permits to the most advantageous proposers, in NEmd OF JUN is an on wk86-4JL :" n substantially the Form attached. PASSED i�11D ADOPTED this ,j2fj3_ day of _sIL?NF. ' 1986. XAVIER L. S EZ MAYOR ATTE ST.* fialerk PREPARED AND APPROVED BY: le 44I • —400� Robert F. Clark Chief Deputy City Attorney APPROVED AS,:IyO FORM AND CORRECTNESS: y r Lucia Dougherty, City Attorney 86-41'7:_L C f CONCESSION PERMIT NO. Issued by The City of Miami (Department of Parks and Recreation) to (Hereinafter PERMITTEE) Issued this day of , 19 ATTEST: City Clerk CITY OF MIAMI, a municipal corporation of the State of Florida City Manager APPROVED AS TO INSURANCE REQUIREMENTS: Division of Risk Management APPROVED AS TO FORM AND CORRECTNESS: City Attorney 86`417 ". CITY OF MIAMI CONCESSION PERMIT This Permit dated this hereby issued to: day of , 1986, is Name of Permittee (hereinafter referred to as `PERMITTEE") Address Telephone SUBJECT OF PERMIT: I. The PERMITTEE shall be allowed to sell and/or dispense as applicable: a. b. at on (food, beverages (not including alcoholic beverages), novelties) (beer) (wine)* (location of park and/or name of event) (date or dates of event) CONDITIONS OF PERMIT: 1. This Permit may not be assigned for any reason whatsoever. 2. The CITY shall not be liable for loss of merchandise, goods, or equipment owned by the PERMITTEE. 3. Location of stands, which must not restrict vehicular or pedestrian traffic, are to be approved by Department of Parks and Recreation (DEPARTMENT). Once a location has been approved, PERMITTEE cannot move his/her/its stand without DEPARTMENT's approval. 4. The privilege granted under this Permit is that of a PERMITTEE and not a lessee and shall continue so long as PERMITTEE is in compliance with this Permit. 5. PERMITTEE and its employees and agents shall be deemed to be independent contractors, and not agents or employees of CITY. 6. There shall be no discrimination as to race, sex, color, creed, national origin, or handicap in connection with any operations under this Permit. * If beer and/or wine will be sold and/or dispensed the criteria listed on Attachment A are applicable. -� i 7. Pre -payment for all CITY charges, including permit fees and off -duty police, will be required of event producers. Payment by cashier's check or money order, must be made two (2) weeks in advance of the event. REQUIREMENTS OF PERMITTEE: The PERMITTEE is required: 1. To have valid vendor's occupational licenses issued by the City of Miami and Dade County unless this requirement is deemed inapplicable by the City Manager or his/her designee. 2. To abide by all rules, regulations and laws of the City of Miami, Dade County, State of Florida, and United States of America now existing or established in the future. 3. To save and hold harmless the CITY in the event of any claim or legal proceeding arising under this permit or tort from PERMITTEE's operation or privilege granted under the Permit. PERMITTEE shall indemnify the CITY from and against any orders, judgments or decrees which may be entered pursuant to PERMITTEE's activities under this Permit, and trom and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof. 4. To have in force, at all times during the Permit period, insurance in such amounts as may be required by the CITY's Risk Management Division. The CITY shall be named as an additional insured under the terms of all insurance policies. 5. To abide by all pure food and sanitary laws, including those concerning food and beverage handlers. 6. To clean up all garbage and debris within 20 teet of PERMITTEE's stand(s). 7. To provide garbage containers as required by the DEPARTMENT. 8. To provide a size and price schedule of all items sold. Said sizes and prices must be approved by DEPARTMENT. 9. To make available to DEPARTMENT, a daily opening and closing inventory of all food, cups or novelties on a form to be supplied by said DEPARTMENT. 10. To keep a record of gross concession sales of all concession merchandise by category. 11. To allow the CITY to inspect, check or inventory all concession merchandise and to inspect the concession facilities and premises prior to opening, during the operation of and after the closing of concession stands. 12. To pay to the CITY twenty-five percent (25%) of gross concession sales at retail value of all items sold (less State of Florida Sales Tax). 13. To use only paper or plastic cups, plates or containers and only plastic forks, knives or spoons. No bottles or cans will be given or sold to the public. 14. To be responsible for payment merchandise sold. -3- of all sales taxes on 15. To be solely responsible for any and all expenses related to Fire, Police, Sanitation and any other services related to this permit. 16. To hereby waive all claims for compensation for loss or damage sustained by reason of interference by any public agency or official in the operation of this concession and/or the event; any such interference shall not relieve PFRMITTEE from any obligation hereunder. 17. To be responsible for all utility requirements of concession operation(s) other than those currently available at the park site and shall obtain the approval of the City Manager or his/her assignee prior to installation of any such requirement. 18. To provide DEPARTMENT with a list of all sub-PERMI`t'TE;ES and the merchandise to be sold by same prior to the effective date of this Permit. 19. To abide by the following general conditions: GENERAL CONDITIONS: A. All notices or other communications which shall or may be given pursuant to this Permit shall be in writing and shall be delivered by personal services, or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served or; if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI PERMITTEE 2600 South Bayshore Drive Miami, Florida 33133 B. In the event of conflict between the terms of this Permit and any terms or conditions contained in any attached documents, the terms in this Permit shall rule. C. No waiver of any condition or requirement of this Permit shall constitute a waiver of any other provision hereof, and no waiver shall be effective unless made in writing by the DEPARTMENT. D. Should any provisions, paragraphs, sentences, words, or phrases contained in this Permit be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Permit shall remain unmodified and in full force and effect. 20. This instrument and its attachments exclusively provide for the relationship of the parties hereto relating to this Permi t. -4- THIS PERMIT MAY BE REVOKED OR TERMINATED BY THE DEPARTMENT WITH OR WITHOUT CAUSE AT ANY TIME DURING THE PERMIT PERIOD WITHOUT RECOURSE TO THE CITY. IN WITNESS WHEREOF, the PERMITTEE caused this Concession Permit to be applied for by the undersigned, this day of 1986. Witnesses PERMITTEE By ATTEST: (if corporation) By: Corporate Secretary LGK/wpc/ab/PR035 - 5- CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM To honorable Mayor and Members DATE JUH 4 1986 r,LE of the City Commission sLS;E:- Resolution concerning Concession Privileges for 1986 Splashdown Concert Series FRAY Cesar H. Odlo REFERENCES City Manager ENCLOSURES it is recommended that a resolution be passed authorizing the City Manager to advertise for, receive and accept proposals for temporary, non-exclusive concession privileges at Virginia Key during the City - Sponsored 1986 Splashdown Concert Series, further authorizing the issuance of approximately sixty (60) temporary concession permits to the most advantageous proposers. The Parks and Recreation Department is preparing the 1986 Splashdown Concert Series for Virginia Key Beach this summer. This year, the series will feature three (3) Disco concerts on June 29, July 27 and August 24, with attendance estimated at 25,000 per concert. These concerts are geared primarily to the youth of the black community and are highly successful in bringing quality, low-cost entertainment to this segment of the population. It is recommended that temporary concessions be permitted on Virginia Key during the scheduled hours of these events (12 noon to 6 p.m.). Sales of food and non-alcoholic beverages are especially vital to the health and safety of attendees during an outdoor summer event. Sales of promotional items will assist in advertising and will boost attendance. Due to the increased public interest in special event concessions, a Request for Proposals is deemed the most appropriate way of determining which vendors will be permitted this privilege. Not more than sixty (60) vendors will be permitted for each disco, broken down as follows: twenty (20) food booths, twenty-eight (28) soft drink booths and twelve (12) merchondise booths. It is anticipated that the same vendors will be granted privileges throughout the series. SF --417-"_' All proposed concessionaires will be required to provide a minimum return to the City to offset costs for these concerts. Determination will be made on the basis of responses to the R.F.P., and will comply with all legal and administrative requirements. The Law Departmenthas drafted a temporary i Concession Permit for issuance n conjunction with 1986 Splashdown. 86-41T-­ REQUEST FOR PROPOSALS INVITATION TO SUBMIT PROPOSALS FOR CONCESSION PRIVILEGES AT SPECIFIED SITES ON VIRGINIA KEY DURING THE SCHEDULED HOURS OF THE CITY -SPONSORED i966 SPLASHDOWN CONCERT SERIES, TO BE HELD JUNE 29, JULY 27, A14D AUGUST 24, 1986. JUNE 5, 1986 CITY OF MIAMI, FLORIDA XAVIER L. SUAREZ, MAYOR MILLER DAWKINSt VICE -MAYOR JOE CAROLLO, COMMISSIONER ROSARIO KENNEDY, COMMISSIONER J. L. PLUMMER, COMMISSIONER prepared by Parks and Recreation Division Department of Parks and Public Facilities Proposals due 2:00 p.m. June 26, 1986 86-4171 REQUEST FOR PROPOSALS SPLASHDOW14 CONCESSIONS TABLE OF CONTENTS I. Public Notice 2. Overview 3. Special Conditions 4. Exhibits A. Sample Concession Permit B. Minority Procurement Ordinance C. Resolution of Protests D. Site Plan E. Sample inventory/account Record S. Specifications and Restrictions 6. Documents to be Returned to City A. Declaration B. Proposal Sheet(s) C. Merchandise List/Price Sheet(s) D. Professional and Qualifying information E. Minority Classification Information Sheet F. Debarment and Suspension information G. Copy of current occupational licence H. Evidence of existing insurance coverage 4V t PUBLIC NOTICE The City of Miami is seeking proposals from qualified individuals and/or firms for the purpose of establishing concession privileges in connection with the 1986 Splashdown Concert Series. Not more than sixty (60) vendors will be awarded privileges and issued permits to set up and operate temporary, non -permanent stands at specified locations on Virginia Key. Dates for the concerts are: June 29, July 27, and August 24, 1986. Concession sales will only be allowed during the scheduled hours (11 a.m. to 6 p.m.) of these events. The City intends to award concession privileges in the following types and quantities: 20 food concessions, 28 non-alcoholic beverage concessions, and 12 merchandise concessions. Food and beverage concessionaires will be required to provide their own free-standing booth(s) and/or stand(s) to be set up at a location specified by the City. Merchandise concessionaires will be provided with an assigned sales space in a City -owned structure on the site. Proposal packets contain complete detail regarding specific sites, size of concession areas, restrictions on goods for sale, and licensing, financial and insurance requirements. CITY OF MIAMi, FLORIDA RFP NO. - - : OVERVIEW The 1986 Splashdown is the fifth of a highly successful annual series. The following information is provided to guide potential concessionaires in submitting their proposals: 1. ESTIMATED ATTENDANCE: 20,000 persons per concert - may be lower (9,000 to 15,000) on June 29. (Note: previous years' attendance figures met or exceeded these amounts) 2. ACTIVITIES: Disco music sponsored, promoted and played by local radio stations W.E.D.R. and dancing, and swimming 3. PURPOSE: the event is intended to provide quality, low-cost entertainment and family fun primarily to the youth of Miami's black community. 4. ADMISSION: free with paid parking ($1.00 per car) or bus transfer. Walk-ins - 50:E per person. 5. ClTY SERVICES: The City of Miami will provide all supervision of activities and concessions, sanitation and trash removal, security, electrical, emergency medical and fire, audit and accounting 6. LIMITATIONS AND RESTRICTIONS: The attached documents detail restrictions as to types of merchandise that may be offered, documents that must be submitted, and operational procedures that must be followed. POTENTIAL CONCESSIONAIRES SHOULD READ ALL DOCUMENTS CAREFULLY TO MAKE SURE THAT THEY UNDERSTAND ALL OF THESE CONDITIONS AND AGREE TO ABIDE BY THE CITY'S RULES AND DIRECTIVES. FAILURE TO DO SO MAY RESULT Ib) THE REJECTION OF YOUR PROPOSAL. kj: 4V V C;TY OF MIAMI, FLORIDA RFP NO. - - : SPECIAL CONDITIONS TEMPORARY CONCESSiUNS FOR ThE 1986 SPLASHDOWN CONCERT'S 1. Scope and Purpose it is the intention, of the City of Miami to issue not more than sixty (60) temporary permits which will grant concession privileges to selected vendors during the scheduled hours of the 1986 Splashdown Concert Series. Concessionaires will be required to furnish all labor and goods and/or merchandise, to provide a set percentage of revenue or compensation to the City, and to abide by such rules, regulations and directives as are specified. Food and/or beverage concessionaires will further be required to provide their own stand, booth or other structure to house their operations. Sellers of non- consummable goods (merchandise) will be allowed to use a specified portion of a City structure on site. 2. Term of Permit Permits will be valid and effective only for the specified period of the concerts, as follows: Dates: June 29, July 27 and August 24, 1966 Hours: approximately 11:00 a.m. to 6:00 p.m. 3. Proposer Qualifications a The City intends to permit only those vendors that will give prompt, efficient, and convenient service of acceptable quality. b) Prior to award, the City reserves the right to inspect the proposer's facilities and equipment, or may require a proposer to submit such evidence of his ability to perform as it deems necessary. c) Proposals will be considered only from firms or individuals that are regularly engaged in the business of providing the services offered, and that have valid occupational licenses. r rJ 4. Determination of Award In the evaluation of proposals, the following factors will be considered to determine award(s): - Minority classification of firm or individual proposer - Type of merchandise, goods, and/or food items offered for sale - Pricing of merchandise offered - Adherence to Specifications and Requirements ,+mount of return offered to the City - Self-sufficiency and size of proposed concession operation The City of Miami shall be the sole judge in the selection of vendors granted these concession privileges. 5. Submittals All proposers are required to furnish the following documents and or information as a part of their proposal. Failure to include any of the following will be cause to rejec a proposal: a. Copy of occupational license b. Detailed list of items for sale and pricing (include proposed inventory for events, if available) c. Completed "Professional and Qualifying Information" Form d. Description of vending operational set-up, including size of site required e. Copy of existing insurance certificate or evidence existing insurance coverage 6. Default Bwritten notice, the City may terminate any permit if the concessionaire has failed to perform in a manner satisfactory to the City as per specifications and conditions. The date of termination shall be stated in the notice. 7. Indemnification The Contractor(s) shall indemnify and save: City harmless from and against any and all claims, liabilities, losses, and causes of action which may arise out of Contractor's activities under Agreement, including all other acts or omissions to act on the part of Contractor, including any person acting for or on its behalf, and, from and against any orders, judgments, or decrees which may be entered and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof. 8. Insurance Potemtial concessionaires shall submit Evidence of existing Insurance Coverage with his proposal. 9. Questions Questions pertaining to this request for proposals shall be directed to Ms. Dianne Johnson at 579-3400.. 86-41'7:r • � ti l~ SPLASHDOWN 1936 CONCESSIONS REQUEST FOR PROPOSALS SPECIAL CONDITIONS (Continued) = 10. MINORITY PROCUREMENT PROGRAM Ordinance No. 10062 entitled the Minority and Women Business y' { Affairs and Procurement Ordinance of the City of Miami, Florida sets forth ...a goal of awarding at least 51 percent of the ` City's total annual dollar volume of all expenditures for i j allgoods and services, to Black, Hispanic and Women minority business enterprises on an equal basis." A minority business enterprise is defined as a business firm"...in which at least 51 percent of said enterprise is owned by Blacks, Hispanics, or Women whose management and daily business operations are controlled by one or more Blacks, Hispanics or Women. To achieve the goal established by Ordinance No. 10062, S- {" participation in providing goods and services to the City by minorities is being encouraged in a number of ways. All vendors doing business with the City are encouraged to include the participation of minority firms in their bids. In evaluating 4j bids for determination of awards, minority participation may be a factor. Failure to adequately involve minority firms may be a basis for rejecting any and all bids. Possible ways to include minority participation would involve: z- 1. joint venture with a minority firm(s) 2. utilizing minority firm(s) as subcontractor(s). 0 3. utilizing minority firm(s) to supply goods and/or services. ::. 4. successful implementation of well defined affirmative action program. 5. Other forms of minority participation, if properly •y `-' A documented. Included in this package is a copy of Ordinance No. 10062 Additionally, a special Information Sheet has been provided to assist Proposers in presenting information concerning minority participation. Minority business firms are encouraged, but not required, to register with the City prior to submitting bids. The Purchasing Office will provide the necessary forms and instructions upon request. ALL VENDORS ARE URGED TO SUBMIT BIDS FOR ANY GOODS OR SERVICES THAT THEY ARE ABLE TO SUPPLY, REGARDLESS OF MINORITY C'LASSIFICATION. However, compliance with all requests for information regarding Minority Status or Participation is required. Bidders cooperation is greatly needed to aid the City in achieving its goal. 11. RESOLUTION OF PROTESTS Bidders attention is irected to the attached the City Code. In the event of protests, procedures described therein is mandatory. page Section 18:56-1 of compliance to the REQEST FOR PROPOSALS: 1986 SPLASHDOWN CONCESSIONS 12. PERMIT TERMS All applicable terms and conditions detailed on the attached Exhibit A "Concession Permit" are hereby included and in effect as terms and conditions of this R.F.P. and any subsequent grant of concession permit. One permit will be issued for each concession site. Potential concessionaires may submit proposals for as many concession sites as they are able to handle. Acceptance of one conces- sion site does not grant concession privileges for other sites and items offered under this R.F.P. It is the intent of the City of Miami to issue permits to the same vendors for all three concerts. Vendors that do not wish to operate concessions for all three must so state in their proposal. 86--417' Fz ' 10/11/8S ORDINANCE NO.:I 006 $ A t` AN ORDINANCE REPEALING ORDINANCE NO. 9775, _ THE MINORITY PROCUREMENT PROGRAM ORDINANCE OF ;4 THE CITY OF MIAMI, FLORIDA AND SUBSTITUTING THEREFOR A NEW MINORITY PROCUREMENT PROGRAM ORDINANCE TO BE KNOWN AND CITED AS `THE }h MINORITY AND WOMEN BUSINESS AFFAIRS AND ' PROCUREMENT ORDINANCE OF THE CITY OF MIAMI, - 1 FLORIDA.' ESTABLISHING A MINORITY AND WOMEN BUSINESS AFFAIRS PROCUREMENT PROGRAM AND COMMITTEE; PROVIDING, FOR THE CREATION BY THE CITY MANAGER OF AN OFFICE OF MINORITY AND WOMEN BUSINESS AFFAIRS AND PROCUREMENT; FURTHER SETTING FORTH A GOAL OF AWARDING AT LEAST S1 PERCENT OF THE CITY'S TOTAL ANNUAL DOLLAR VOLUME OF ALL PROCUREMENT EXPENDITURES TO BUSINESSES OWNED BY BLACKS (17%), { HISPANICS (17S), AND WOMEN (17S); AUTHORIZING THE CITY MANAGER TO PROVIDE FOR MINORITY AND WOMEN -OWNED BUSINESS ENTERPRISE PROCUREMENT _ rF SET -ASIDES AND CONTRAC% PROVISIONS; PROVIDING t FOR THE DEVELOPMENT dF PROrEDURES. MEASURES 4 AND RESOURCES TO IMPLEMENT SAID PROGRAM, GOALS AND OBJECTIVES; AND CONTAINING A SEVERABILITY CLAUSE. WHEREAS, Ordinance No. 9775 dealing with minority procurement has been found to be in need of revision and modification to strengthen the effectiveness of the City of Miami's Minority Procurement Policy and Program; and WHEREAS, the City Commission, in repealing Ordinance No. 9775 and in adopting and substituting therefor the herein Minority and Women Business Affairs and Procurement Ordinance is �? G authorized pursuant to the Charter of the City of Miami. hr� Sections 52 and 53. and the Municipal Home Rule Powers Act of 1973. Chapter 166.001 et seq., Florida Statutes,.as amended; and WHEREAS, the U.S. Supreme Court has upheld Cade County R Ordinance No. 82-67, adopted July 20, 1984. restricting bidding on construction projects to Black -owned firms when prior unwarranted discrimination has been proven; and WHEREAS, findings of a City of Miami Minority Procurement Disparity Study indicated a substantial exclusion of minority and women -owned businesses from the City's procurement process for the fiscal years between 1971 and 1981; and yr WHEREAS. this Ordinance will prevent the perpetuation of a: the effects of prior unwarranted discrimination which has M 1 a 86-417 . f heretofore Impaired'. limited or foreclosed procurement and contracting opportunities for businesses owned by Blacks, Hispanics and Women with the City of Miami; and WHEREAS, the City of Miami has established a policy of constructive affirmative action to eliminate substantially the effects of prior discrimination; and WHEREAS, the proposed Minority and Women Business Affairs and Procurement Program and Policy contains requirements: (a) that those who contract with the City of Miami in the areas of procurement shall not discriminate against any business, employee or applicant for employment because of age, ethnicity, race, creed, color; religion, f,ex, national origin, handicap, or marital status; and (b) that such city contractors have and implement an Affirmative Action or Equal Employment Opportunity policy to ensure that such businesses, empioyees or applicants for employment ,are treated equally without regard to age, ethnicity, race, creed, color, religion, sex, national origin, handicap or marital status. and WHEREAS, implementation of this ordinance wilt serve the best interest of the City and will maximise the opportunity for $mall business concerns owned and controlled by Blacks. Hispanics and Women to procure or contract with the City of Miami in the area of procurement; and WHEREAS, to be effective it is necessary and desirable to establish for the City of Miami a Minority and Women Business Affairs Procurement Program with the appropriate goals, objectives, administrative procedure and resources; and adopt legislation remedying the affected Hispanic, Black and Women - owned businesses; NOW. THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI. FLORIDA: Section I. This Ordinance'shail be known and may be cited as 'The Minority and Women Business Affairs and Procurement Program Ordinance of the City of Miami.' Section 2. For the purpose of this Ordinance, the following terms phrases, words, and their derivations shall have the following meanings: 2 • 86--417 . Exhibit B A. Business Enterprise means any corporation, • partnership. individual, sole proprietorship, joint stock company. joint venture, professional association or any other legal entity that is properly licensed to do business with the City of Miami and/or Dade County and/or the State of Florida. B. Minority and Women -Owned Business Enterprise means a business enterprise in which at least 51 percent of said enterprise is owned by Blacks. Hispanics or Women whose management and daily business operations are controlled by one or more Blacks, Hispanics or Women. C. Contract means agreements for the procurement of goods, services or construction of facilities for the City of Miami. n 0. Facilities means all total or partial publicly financed projects including, but without limitation. unified development projects, municipal public works and municipal improvements to the extent they are financed with City money, utilize City property, or require City services. E. Goods and services include, without limitation, public works, improvements, facilities. professional services, commodities, supplies, materials and equipment. F. Goat means the percentages of the annual dollar volume of procurement expenditures determined by this ordinance to be offered for Minority and Women business participation. G. Set -aside is the term which will be used to designate a given purchase or contract or a portion of a given purchase or contract award for Black, Hispanic and/or Women. owned businesses. Set -asides may -only be utilized where it is determined, prior to the invitation to bid or request for proposals, that there are a sufficient number of certified Black, Hispanic and/or Women -owned businesses to afford effective competition for the purchase. H. Joint Venture shall mean an association of persons or legal entities with the intent to engage in and carry out a single business enterprise for profit. 3 n()6+� 8f-4Z"�,.. I. Procurement Expenditures shall mean a purchase, payment, distribution. loan or advance for .the purpose of acquiring or providing goods and services. J. • Affirmative Action Plan shall include the projected annual goals and the timetables which wilt b2 used to empioy and/or procure with women and minorities a non_ discrimination policy statement and any other actions which will be used to ensure equity in employment and the utilization of minority and female -owned businesses. Section 3. A Minority and Women Business Affairs and Procurement Program for the City of Miami is hereby established. The City Manager's Office shall b held accountable for the full and forceful implementation of the Minority and Women Business Affairs and Procurement Program by providing appropriate recommendations for action by the City Commission. A. For the purpose of assisting the City Manager in the implementation of said program. a Minority and Women Business Affairs and Procurement Committee is hereby established, consisting of an appropriate number of members, to be appointed by the City Manager, with full representation of Hispanics, Blacks and Women to be responsible for monitoring the ,implementation of the program and making recommendations .for achieving the requirements of this Ordinance. The Committee shall be responsible for generating yearly progress reports to the City Commission and the community at large. 8. The City Manager shall, utilizing existing resources, create an Office of Minority and Women Business Affairs and Procurement; and shall provide the appropriate staff and resources necessary for the performance of all such administrative duties; authorize and implement the administrative guidelines and procedures required; and ensure compliance with the functions required to promote the achievement of the program's goals and objectives of increasing the volume of City procurement and contracts with Black, Hispanic and Women -owned businesses. _ 86-'41."i, . I. Procurement Expenditures shall mean a purchase, payment, distribution, loan or advance for .the purpose of acquiring or providing goods and services. J. . Affirmative Action Plan shall include the projected annual goals and the timetables which will b., used to employ and/or procure with women and minorities a non- discrimination policy statement and any other actions which will be used to ensure equity in employment and the utilization of minority and female -owned businesses. Section 3. A Minority and Women Business Affairs and Procurement Program for the City of Miami is hereby established. The City Manager's Office shall b� held accountable for the full and forceful implementation of the Minority and Women Business Affairs and Procurement Program by providing appropriate recommendations for action by the City Commission. A. For the purpose of assisting the City Manager in the implementation of said program, a Minority and Women Business Affairs and Procurement Committee is hereby established, consisting of an appropriate number of members, to be appointed by the City Manager, with full representation of Hispanics, Blacks and Women to be responsible for monitoring the implementation of the program and making recommendations .for achieving the requirements of this Ordinance. The Committee shall be responsible for generating yearly progress reports to the City Commission and the community at large. B. The C1ty Manager shall, utilizing existing resources, create an Office of Minority and Women Business Affairs and Procurement; and shall provide the appropriate staff and resources necessary for the performance of all such administrative duties; authorize and implement the administrative guidelines and procedures required; and ensure compliance with the functions required to promote the achievement of the program's goals and objectives of increasing the volume of City procurement and contracts with Black, Hispanic and Women -owned businesses. _ 4 1 o a G 2 ; 86-'-41ro, . Exhibit B Section 4. The objective of the City is to achieve a goal of awarding a minimum of 51% of the total annual dollar volume of all procurement expenditures to Blacks. Hispanics and Women - owned business enterprises to be apportioned as follows: seventeen percent (17%) to Blacks, seventeen percent (17%) to Hispanics and seventeen percent (170.) to Women.l A. To further the goal of increasing the total annual volume of all procurement expenditures to minority and women - owned business enterprises, authority for a minority and women - owned business enterprise procurement set -aside is hereby established for use by the City Manager as he or she may deem advisable or necessary to increase the participation of Black, Hispanic and Women -owned businesses in City procurement contracts. 8. It shall be mandatory for all City of Miami contracts and/or procurement award documents to contain the following: (1.) A specific reference to the applicability of the Minority and Women Business Affairs and Procurement Program established by this Ordinance; (2.) A provision stating the right of the City to terminate and cancel any contract or contractual agreement entered into, including elimination of the individual(s) and/or business enterprise(s) from consideration and participation in future City contracts, on the basis of having submitted deliberate and willful, false or misleading information as to his, her or its status as a Black, Hispanic and/or Women -owned business enterprise and/or the quantity and/or type of minority and women -owned business participation; (3.) A requirement that each successful bidder or offeror agree to provide a sworn statement of compliance with the provisions of this Ordinance and its specific applicability to the purchase or contract award under consideration; such statement shall certify that the bidder or offeror, during the 1 Women, depending upon their own annual self-selection, shall be listed in only one (1) of the categories: race, ethnicity, gender. t . IG0,,2- 86-41 . . Exhibit B Section 4. The objective of the City is to achieve a goal of awarding a minimum of 511.1 of the total annual dollar volume of all procurement expenditures to Blacks, Hispanics and Women. owned business enterprises to be apportioned as follows: seventeen percent (17%1 to Blacks, seventeen percent (17%) to Hispanics and seventeen percent (17%) to Women.l A. To further the goal of increasing the total annual volume of all procurement expenditures to minority and women - owned business enterprises, authority for a minority and women. owned business enterprise procurement set -aside is hereby established for use by the City Manager as he or she may deem advisable or necessary to increase the participation of Black. Hispanic and Women -owned busii`lesses in City procurement contracts. B. 1t shall be mandatory for all City of Miami contracts and/or procurement award documents to contain the following: (1.) A specific reference to the applicability of the Minority and Women Business Affairs and Procurement Program established by this Ordinance; (2.) A provision stating the right of the City to terminate and cancel any contract or contractual agreement entered into, including elimination of the individual(s) and/or business enterprises) from consideration and participation in future City contracts, on the basis of having submitted deliberate and willful, false or misleading information as to his, her or its status as a Stack, Hispanic and/or Women -owned business enterprise and/or the quantity and/or type of minority and women -owned business participation; (3.) A requirement that each successful bidder or offeror agree to provide a sworn statement of compliance with the provisions of this Ordinance and its specific applicability to the purchase or contract award under consideration, such statement shall certify that the bidder or offeror, during the I Women, depending upon their own annual self-selection, shall be listed in only one (1) of the categories: race, ethnicity, gender. 5 iG0e2 - 8f -41"Af . course of time involved in the performance of the contract t sought by such bidder or offeror, shall not discriminate against any business, employee or applicant for employment because of 4 age, ethnicity, race, creed, color, religion, sex. national origin, handicap or marital status; (4.) A statement of the extent to which the �'.<. business enterprise has as one or more of its partners or a' principals persons who are Black, Hispanic or Women, or is a Joint venture comprised of a non -minority and minority business z" and/or women -owned enterprise. 'sus-F i:- rx (S.) A requirement that each bidder submit along `4Y with the bid or proposal an Aff i r,Pati ve Action Plan ( AAP) . Any significant equity participants, joint venture participants, Y. sub-contractors, suppliers or other parties to the bid or •:max t at proposal shall also be required to submit such plans. . (6.) provision specifying the requirements for a ,A continued bidder or offeror eligibility including minority and i female involvement. Section S. Bidders or offerors shall be required to demonstrate a reasonable and good faith effort to solicit and,; _ obtain the participation of qualified minority and women -owned -a •businesses in ail bid and proposal documents.` t Section 6. Except where federal or state law .or ss$ regulations mandate to the contrary, the provisions of this . section will be applicable to ail City of Miami, prebid, bid. - contract or other agreements negotiated by the City; y; Section 7. The Minority and Women Business Affairs and Procurement Program established herein shall be in effect only until- such time as the effects of prior unwarranted g discrimination 'against Blacks, Hispanics and Women have been compensated for, at which time the goals and set -asides provided for herein shall no longer be observed. Such need shall be reviewed every two years by the City Commission, upon the e recommendation of the City Manager. Section a. Ordinance No. 977S. the Minority Procurement Program Ordinance of the City of Miami. Florida. is hereby repealed. _. —_ 6 1006 2 = 8ff-41``r`. Exhibit B Section 9. Should any part or provision of this Ordinance be declared by a Court of competent jurisdiction to be Invalid, same shall not affect the validity of the Ordinance as a whole. PASSED ON FIRST READING BY TITLE ONLY this 2Gth day of November , 1985. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 19th day of December 1985. ATTEST: lArVILK L. . mayor City Clerk 4" PREPARED AND APPROVED BY: Deputy City —Attorney APPROVED AS TO FORM AND CORRECTNESS: City Attorney . AQJ/wpc/pb/ab/B1S6 1()052.2 Sf-,41`` 1- . stir f E 09 EXHIBIT C SPECIAL CONDITIONS (Continued) RESOLUTION OF PROTESTS (City Code Section 18-56.1.) a Right to Protest. Any actual or prospective 'contractual party who fee aggrieved in connection with the solicitation of award of a contract may protest to the chief procurement officer. The protest shall be submitted in writing within fourteen (14) days after such aggrieved party knows or should have known the facts giving rise to the action complained of. (b) Authority to resolve protests. The chief procurement officer Shall ave the authority, subject to the approval of the city manager and the city attorney, to settle and resolve a protest of an aggrieved actual or prospective contractual party concerning the solicitation or award of the contract in question. Provided that in cases involving more than four thousand five hundred dollar ($4,500.00), the decisions of the chief procurement officer must be approved by the city commission after a recommendation by the city attorney and city manager. The chief procurement officer shall obtain the requisite approvals and communicate to the protesting contractual party; or alternatively if the amount involved is``greater than four thousand five hundred dollars ($4,500.00), submit a decision to the city commission within thirty (30) days after he receives the protest. (c) Compliance with time requirements. Failure of an aggrieved party to submit a protest within the. time provided in subsection (a), above, shall constitute a forfeiture of such party's right to complain and shall bar any legal action therefor by such party. Failure by the city officials to comply with the time requirements provided in subsection (b) shall entitle the aggrieved party, at its option, to bypass the provisions of this section and to institute legal action immediately. (Ord. No. 9572, & 1,2-20-83). 86 -',417, AQUARIUM ROSENSTIEL SCHOOL " I,' 11I0. ;Ilp o^'I' i„il,llll•�,q,a I'i!I�li71 IIITdJ!IIII I I do 10) x M 45 u lilt �,T� . P i�hif9119�� ,mill III "p. a i.F� I f EXHIBIT E CITY OP MIAMI CONCESSIONAIRE'S SALES REPORT Facility Vendor Date Proprietor Event name Menu: Price $ Price 6 Price $ Price $ Price 5 I have paid S cash to for concession sales and state tax. Signed Concesslonaj.re Date less 5% Sales Tat Sales tax oa above Total $ SPECIFICATIONS AND RESTRICTIONS i. All food and beverage items must meet all food and dietary laws, health regulations, other statutes, laws, and ordinanaces governing those items. 2. No alcoholic beverages of any kind,including beer and wine, wiU be permitted for sale. 3. Booth Size Restrictions: Minimum 5 x 5 feet/maximum 15x15 feet. Booths or stands larger than must offer a variety of food and drink and will count as 2 or more concession sites. Operations less than in size will be permitted to sell food or drink, not both. Absolutely no sales from hand -carried household picnic cooler, grocery carts or private automobiles will be allowed. 4. No moving from-assigned/designated site will be permitted without the City's express approval. 5. Variety and Award: in order to meet the health and safety needs of attendees, as well as to promote a successful event, the City wishes to have available a wide variety of food and drink items for Splashdown and will award concession privileges accordingly. A potential break -down of types of desired concessions is as follows. Responses to this R.F.P. may dictate changes: Food Booths: Not more than 20 total; up to eight food booths may be granted beverage concessions as well Beverage Booths: not more than 28 booths total; up to twelve beverage booths may be granted food concessions as well Merchandise Booths: not more than 12 total. 6. Categories and Restricted Goods 1. Food: pre -packaged or prepared on site Note: limited (if any) electrical or other utilities. Stands must be self -utilized, self-contained Main Dishes: Barbe ue chicken, ribs, pizza, tacos, gyros/souvlak�, fritters, hot dogs, burgers, conch salad, sandwiches, steak on a stick, corn on the cob Side Dishes/desserts: Cookies, candies', fruit (only as a prepared item or in conjunction with other foods - no fruit/vegetable stands) Snacks: french fries, potato chips, granola bars, nuts, hot pretzels 86-41"r. em Cold snacks/desserts: ice cream, sno-cones, popsicles, ices. r II. Beverages: all varieties - no bottles, (cups `> preferred) Juices, Citrus ades, carbonated soft drinks, non-alcoholic punches not more than 28 total - if offered with food, will count as two booths III -Merchandise "Won -edible" goods <limited to 12 total> ' Hats, visors, sun -glasses, iv Arts and crafts items - preferably pottery, sculpture, painting, graphic arts 6r rt Promotional items - T-shirts, buttons, ballons with a Splashdown ttems X No periodicals, literature, used merchandise 2 7. Cooking Restrictions Any stands booth operation that uses charcoal gas or propane 4 grills, hot plates, warmers or other heating device shall: 1) set such heating devices no less than 10 feet from any overhang wA 2) shall have at least one fire estiguisher per booth on site s The director of the Department of Parks and Recreation has the authority to review the listing and pricing of items offered for sale and to deny concession privileges for any item deemed inappropriate for a City park and City sponsored activity. 8b-41'. DECLARATION TO: Cesar H. Odio City Manager City of Miami, Florida Submitted day of 1986. The undersigned, as proposer (herein used in the masculine singular, irrespective of actual gender and number) declares that the only persons interested in this proposal are named herein, that no other person has any interest in this proposal or in this lease to which this proposal pertains, that this proposal is made without connection or arrangement with any other person, that this proposal is in every respect fair, in good faith, without collusion or fraud, and that this proposal is made for non-profit purposes. The proposer further declares that he has complied in every respect with all the Instructions to Proposers issued prior to the opening of proposals, and that he has satisfied himself fully relative to all matters and conditions of the lease to which the proposal pertains. The proposer proposes and agrees, if this proposal is accepted, he will execute an appropriate City of' Miami permit for the performance of all requirements to which the Proposal pertains. The proposer states that the proposal is based upon the Request for Proposals issued by the City, dated June 5, 1986 for the lease of approximately 30,000 square feet of property located on Virginia Key. Signature PROPOSAL SHEET The undersigned hereby proposes to offer for sale the items at prices listed on the attached Merchandise List/Price Sheet and agrees to compensate the City as follows: % (minimum 25%) of gross sales receipts, less state sale tax. �r Y Gross Receipts: will be determined by opening and closing inventories of vendor stock, and shall be based at the retail value of all items sold less State of Florida Sales Tax. The undersigned further agrees, if awarded to pay to the City the sum of Fifty dollars which is understood to be an application fee and deposit which will be deducted from the total monies due the City."- DJ:cm s- ett � t k S} �y K �,p• 4rFz 4 x �Y. 'yY k. — sG-417 . MERCHANDISE LIST/PRICE SHEET Itemised List of Goods: GOODS u MERCHANDISE LIST/PRICE SHEET Itemised List of Goods: GOODS SIZE PRICE INFORMATION SHEET MINORITY CLASSIFICATION AND PARTICIPATION 1. Indicate MINORITY CLASSIFICATION of Business Enterprise (BIDDER)s L3 BLACK Ll HISPANIC W OTHER 2. If OTHER, detail tMl�0RITY PARICIPAIONif within your firm, or as it may apply o A. JOINT VENTURES Provide information regarding Minority firm participating as such, and the extent of participation % of Dollar Firm Name Business Address BID Amount B. SUBCONTRACTORS: Provide information regarding Minority firms that will be subcontractors for this BID, and their extent of$thof warkDollar Firm Name Business Address BID Amount C. SUPPL1ERSa Provide detail regarding Minority Firms >. that will Supply you with goods or R services, and the extent $ of Dollar i, z Firm Name Business Address BID Amount ,r. i D. AFFIRMATIVE ACTION PROGRAM if existing, Date Implemented: If planned, Date of Proposed Imp ementation : BIDDER: SIGNATURES FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM MAY DISQUALIFY THIS BID. 86,41'7 . N�. PROFESSIONAL AND QUALIFYING INFORMATION This questionnaire is to be submitted to the City Manager and City Clerk of the City of Miami, Florida, by the bidder, along with the Proposal submitted for this concession offering. Do not leave any question unanswered. When a question does not apply, write the word "None". 1-County-Municipal Occupational License No. (if any): 2.Classification: 3-Expiration Date: 4.Metropolitan Dade County Certificate of Competency No.. 5.Insurance Expiration Date; 6.Years you or your organization has been in business: 7.How many years experience in operations of the type required by this bid specification have you or your organization had? 8-Experience record: List not more than five recent operations of this type you have engaged in: 1. 2. 3. 4. 5. 9.References: Give three references as to experience and ability: 2. 3. 1O.Person or persons interested in submitting this Proposal (have) (have not) previously had any concessions or licenses for the operation of a concession or contract and/or lease cancelled before expiration date: (Strike out inappropriate words) If so, give details below: ll.Have you carefully inspected the concession site? Yes No 12.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. (Strike out inappropriate words) r� Explain any convictions: k" k.; t� 't Tne undersigned person and/or persons hereby certify(ies) that the above information is true and correct. Na.ine of Firm or Corporation (Seal) Signature (Seal) Signat.urc: DEBARMENT ADD SUSPENSION ` City of Miami -Code Sec. 16-56.4 A x. (a) Authority and requirement to debar and suspend: After reasonable notice to an actual or prospective contractual party, and after reasonable opportunity to such party to be heard, the city manager, after consultation with the chief procurement officer and the city attorney, shall have the authority to debar a contractual party for the causes listed below from consideration for award of city contracts. The debarment shall be for a period of not fewer than three (3) years. The city manager shall also have the authority to suspend a contractor from consideration for award of city contracts if there is a probable cause for debarment, pending the debarment determination, the authority to debar and suspend contractors shall be exercised in accordance with regulations which shall be issued by the chief procurement officer after approval by the city manager, the city attorney, and the city commission. (b) Causes for debarmentsuspension include the followings i. Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public'or private contract or subcontract, or incident to the performance of such contract or subcontracts 2. Conviction under seats or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any Qther offense indicating a lack of business integrity or business honesty; 3. Conviction under state or federal antitrust statutes arising out of the submission of bids or proposalst 4. Violation of contract provisions, which is regarded by* the chief proeurernt officer to be indicative of nonresponsibility. Such violation may include failure without good cause to perform in :<` teeordance with the terns and conditions of a contract or to perform within the time limits provided in a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment or suspension; S. Debarment or suspension of the contractual party by any federal, ; state or other governmental entity; -' 6. raise certification pursuant to paragraph (c) below, or 1 R. 7. Any other cause judged by the city manager to be so serious and compelling as to affect the responsibility of the contractual party conforming city contracts. °d (c) Certifications All contracts for goods and services, and leases by ` the c ty shall contain a certification that neither the contractual party nor any of its principal owners or personnel have been ram,, convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(S). t The undersigned hereby certifies that neither the contractual party nor any„a its of principal owners or personnel have been convicted of any of the 'n violations set forth above, or debarred or suspended as got forth in 4' paragraph (b)S. k. Company names Signatures Date$ FAILURE TO COHPLETE, SIGN. AND RETURN THIS FORM MAY DISQUALIFY THIS HID. 86-41 7 .