HomeMy WebLinkAboutAgenda RAB 101915
Agenda
City of Palm Beach Gardens
Parks & Recreation Advisory Board
Monday, October 19, 2015
City Council Chambers
A. CALL TO ORDER
B. PLEDGE OF ALLEGIANCE
C. ADMINISTER OATH OF OFFICE TO NEW MEMBERS
D. ROLL CALL: Regular Members
Tory Buckley
Christopher Dinolfo
Bruce Bonvento
Carol Ellis
Maryanne Hedrick
Maria Marino
Joseph Mullings
Alternate Members
Matthew Lane
E. BOARD APPOINTMENTS
Appointment of Chair
Appointment of Vice Chair
F. ADDITIONS, DELETIONS, MODIFICATIONS
G. APPROVAL OF MINUTES
A. 9/21/15
H. ITEMS BY COUNCIL LIAISON
I. ITEMS BY STAFF LIAISON
J. OLD BUSINESS
A. Plant Park Pickleball Court Ribbon Cutting – 11/14/15 at 12 noon
K. NEW BUSINESS
A. Disc Golf Presentation
B. POP Tennis Presentation
L. COMMENTS BY THE PUBLIC
M. COMMENTS BY THE BOARD
N. SET QUARTERLY MEETING DATE - ( January 25, 2016, February 22, 2016, March 21, 2016)
O. ADJOURNMENT
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Page | 1
The City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
PURCHASING DEPARTMENT
REQUEST FOR LETTERS OF INTEREST
RLI NO.: RLI2015-005RC
TITLE: DEVELOPMENT OF HILLTOP PROPERTY
DUE DATE AND TIME: FRIDAY, DECEMBER 4, 2015 @ 3:00 PM (LOCAL TIME)
INSTRUCTIONS
Sealed responses must be received on or before the due date and time (local time) at the office of the City Clerk,
10500 North Military Trail, Palm Beach Gardens, Florida 33410. Normal City business hours are 8:00 a.m. to 5:00
p.m., Monday through Friday, except holidays.
All Proposals will be publicly opened at City Hall. Each Proposal submitted to the City Clerk shall have the
following information clearly marked on the face of the envelope: the Proposer’s name, return address, RFP
number, due date for Proposals, and the title of the RFP. Included in the envelope shall be a signed original
Solicitation Summary and one (1) electronic version of your Proposal on CD or a USB thumb drive in a usable PDF
format. If the Solicitation Summary is not included in the envelope as a hard copy, the City may deem your
Proposal non-responsive. A hard-copy of your Proposal is not required. Proposals must contain all information
required to allow the City to properly evaluate and understand your response.
BROADCAST
The City of Palm Beach Gardens utilizes electronic online services for notification and distribution of its Solicitation
documents. The City’s Solicitation information can be obtained from: a) Public Purchase - Please contact Public
Purchase at support@publicpurchase.com; www.publicpurchase.com; or call 801.932.7000 for additional
information on registration; b) DemandStar - Please contact DemandStar at www.demandstar.com or by calling
them at 1.800.711.1712; c) The City’s Vendor List - The City emails all advertised Solicitations to vendors that have
joined the City’s Vendor List. To join the City’s Vendor List, please visit the City’s Purchasing webpage at
http://www.pbgfl.com/purchasing and click on the “Join Vendor List” link. Bidders who obtain Solicitations from
sources other than those named above are cautioned tha t the Request for Letters of Interest package may be
incomplete. The City will not evaluate incomplete response packages. DemandStar and Public Purchase are
independent entities and are not agents or representatives of the City. Communications to these entities do not
constitute communications to the City. The City is not responsible for errors and omissions occurring in the
transmission or downloading of any documents, addenda, plans, or specifications from these websites. In the
event of any discrepancy between information on these websites and the hard copy Solicitation documents, the
terms and conditions of the hardcopy documents will prevail.
CONTACT PERSON
Any questions regarding this Solicitation must be submitted in writing to the Purchasing and Contracts
Management Department for the Purchasing and Contracts Director at kmra@pbgfl.com. To allow enough time
for the City to respond, requests for clarification and additional information should be received at least seventy-
two (72) hours before the Due Date for responses.
City of Palm Beach Gardens
RLI2015-005RC, Development of Hilltop Property
Page | 2
The City of Palm Beach gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
LEGAL ADVERTISEMENT
REQUEST FOR LETTERS OF INTEREST NO. RLI2015-005RC
DEVELOPMENT OF HILLTOP PROPERTY
The City of Palm Beach Gardens is seeking expressions of interest as Proposals from firms, organizations,
and individuals for the Development of the Hilltop Property, in accordance with the terms, conditions,
and requirements contained in this Request for Letters of Interest.
Request for Letters of Interest documents are available beginning Sunday, October 18, at 8:00 a.m. local
time on the City of Palm Beach Gardens’ website at www.pbgfl.com and following the link to the
Purchasing webpage, or by contacting the City Clerk’s Office at 561.799.4121.
Sealed responses must be clearly marked “RLI2015-005RC, Development of Hilltop Property” and
delivered to the Office of the City Clerk at 10500 North Military Trail, Palm Beach Gardens, Florida
33410. The deadline for submission of responses is Friday, December 4, 2015, at 3:00 p.m. local time.
At that time, the responses will be publicly opened and the names and addresses read aloud in the City
Hall Council Chambers, 10500 North Military Trail, Palm Beach Gardens, Florida 33410. Late responses
will not be accepted and will be returned to the sender unopened.
An Information Session and Site Visit will be held on Friday, October 30, 2015 at 10:00AM Local Time at
Council Chambers, City of Palm Beach Gardens, 10500 North Military Trail, Palm Beach Gardens, FL
33410. Attendance is highly recommended for those intending to submit a Proposal. After the
Information Session there will be a Site Visit at the Hilltop Property, the subject of this Solicitation.
It is the responsibility of the Proposer to ensure all pages are included in the submission. All Proposers
are advised to closely examine the Solicitation package. Any questions regarding the completeness or
substance of the Solicitation package must be submitted in writing via email to kmra@pbgfl.com. The
City of Palm Beach Gardens is exempt from Federal and State Taxes for tangible personal property tax.
The City of Palm Beach Gardens reserves the right to accept or reject any or all Proposals, in whole or in
part, with or without cause, to waive any irregularities and/or technicalities, and to award the Contract
on such basis and terms it deems will best serve the interests and needs of the City.
CITY OF PALM BEACH GARDENS
Patricia Snider, CMC, City Clerk
Publish: Palm Beach Post
Saturday, October 17, 2015
City of Palm Beach Gardens
RLI2015-005RC, Development of Hilltop Property
Page | 3
TABLE OF CONTENTS
SECTION
PAGE
1.
General Information
4
2.
Project Overview
5
3.
General Terms and Conditions
6
4.
Special Terms and Conditions
14
5.
Project Scope
16
6.
Response Requirements
18
7.
The Evaluation Process
19
8.
Proposal Submittals
21
9.
Sample Agreement Format
33
10.
Exhibits
36
11.
Solicitation Summary
(MUST BE INCLUDED AS A SIGNED HARD-COPY IN THE PROPOSAL PACKAGE)
37
City of Palm Beach Gardens
RLI2015-005RC, Development of Hilltop Property
Page | 4
SECTION 1
GENERAL INFORMATION
1.1 BACKGROUND
The City of Palm Beach Gardens owns a parcel of land, within the City limits, that is generally
referred to as the “Hilltop Property”. The lot is vacant, and is approximately 6 acres in size.
The City wishes to have the property developed by private interests into a public facility for
recreational/leisure-pursuits. The City is not interested, and will not evaluate, Proposals for
non-recreational/leisure-pursuits activities. The proposed development must comply with the
City’s architectural and planning policies.
The following information provides a summary description of the subject property.
Location Address: 9290 Park Lane
Municipality: Palm Beach Gardens
Parcel Control Number: 52-43-42-18-00-000-5090
Legal Description: 18-42-43, S 434.98 Ft of E ½ of NE ¼ of SE ¼ (less S 147.58 Ft of W
147.58 Ft)
Owners: City of Palm Beach Gardens
Acres: 6.12
Use Code: 8900 – Municipal
Zoning: P/I – Public or Institutional (52 – Palm Beach Gardens)
City of Palm Beach Gardens
RLI2015-005RC, Development of Hilltop Property
Page | 5
SECTION 2
PROJECT OVERVIEW
2.1 The City intends to award a Contract for the development and use of the facility based on a set
of negotiated terms and conditions with the successful Proposer. The intent will be that at the
end of the Contract term, the City will fully own the facility free of any liens or claims from the
successful Proposer or any other entity.
2.2 The anticipated schedule for this Solicitation is as follows:
ITEM
EVENT
DATE/TIME
a.
Request for Letters of Interest Issued
October 18, 2015
b.
Information Session and Site Visit
October 30, 2015
c.
Due Date for Proposals/Letters of Interest
December 4, 2015
d.
Evaluation Process Begins
December 11, 2015
e.
Evaluation Process Completed
January 2016
f.
Negotiations and Discussions
February 2016
g.
Contract Award March/April 2016
City of Palm Beach Gardens
RLI2015-005RC, Development of Hilltop Property
Page | 6
SECTION 3
GENERAL TERMS AND CONDITIONS
3.1 DEFINITIONS
a. Proposal: any offer(s) submitted in response to this Request
for Letters of Interest.
b. Proposer: person or firm submitting a response to this
Request for Letters of Interest.
c. Solicitation or Request for Letters of Interest: this Solicitation
documentation, including any and all addenda.
d. Proposal Submittal forms: describes the goods or services
to be purchased, and must be completed and submitted with
the Proposal.
e. City: shall refer to the City of Palm Beach Gardens, Florida.
f. Contract or Agreement: the Request for Letters of Interest,
all addenda issued thereto, all affidavits, the signed
agreement, and all related documents that comprise the
totality of the Contract or agreement between the City and
the Proposer.
g. Contractor: successful Proposer that is awarded a Contract
to provide the goods or services to the City.
h. Purchasing Department: the Purchasing Department of the
City of Palm Beach Gardens, Florida.
i. Request for Letters of Interest: a Solicitation document used
as a precursor to the bidding process to preemptively short-
list acceptable candidates, usually for the performance of
some type of professional service.
j. Responsible Proposer: a Proposer that has the capability in
all respects to perform in full the Contract requirements, as
stated in the Request for Letters of Interest, and the integrity
and reliability that will assure good-faith performance.
k. Responsive Proposer: a Proposer whose Proposal conforms in
all material respects to the terms and conditions included in
the Request for Letters of Interest.
3.2 CONE OF SILENCE
Pursuant to Section 2-355 of the Palm Beach County
Ordinance No. 2011-039, and the purchasing policies of the
City of Palm Beach Gardens, all Solicitations, once advertised
and until the appropriate authority has approved an award
recommendation, are under the “Cone of Silence”. This
limits and requires documentation of communications
between potential bidders and/or bidders on City
Solicitations, the City’s professional staff, and the City
Council members.
3.3 ADDENDUM
The Purchasing Department may issue an addendum in
response to any inquiry received, prior to the due date for
Proposals, which changes, adds, or clarifies the terms,
provisions, or requirements of the Solicitation. The Proposer
should not rely on any representation, statement, or
explanation, whether written or verbal, other than those
made in the Solicitation document or in the addenda issued.
Where there appears to be a conflict between the
Solicitation and any addenda, the last addendum issued shall
prevail. It is the Proposer’s responsibility to ensure receipt of
all addenda, and any accompanying documentation. The
Proposer is required to submit with its Proposal a signed
“Acknowledgment of Addenda” form, when any addenda
have been issued.
3.4 LEGAL REQUIREMENTS
This Solicitation is subject to all legal requirements contained
in the applicable City Ordinances and Resolutions, as well as
all applicable City, State, and Federal Statutes. Where
conflict exists between this Solicitation and these legal
requirements, the authority shall prevail in the following
order: Federal, State, and local.
3.5 CHANGE OF PROPOSAL
Prior to the scheduled due date for Proposals, a Proposer
may change its Proposal by submitting a new Proposal (as
indicated on the cover page) with a letter on the firm’s
letterhead, signed by an authorized agent stating that the
new Proposal replaces the original Proposal. The new
submittal shall contain the letter and all information as
required for submitting the original Proposal. No changes to
a Proposal will be accepted after Proposals have been
opened.
3.6 WITHDRAWAL OF PROPOSAL
A Proposal shall be irrevocable unless the Proposal is
withdrawn as provided herein. Only a written letter received
by the Purchasing Department prior to the due date for
Proposals may withdraw a Proposal.
3.7 CONFLICTS WITHIN THE SOLICITATION
Where there appears to be a conflict between the General
Terms and Conditions, Special Conditions, the Scope of
Services, and/or Description of Items, the Proposal Submittal
forms, or any addendum issued, the order of precedence
shall be: the last addendum issued, the Proposal Submittal
forms, the Scope of Services and/or Description of Items, the
Special Conditions, and then the General Terms and
Conditions.
3.8 PROMPT PAYMENT TERMS
City of Palm Beach Gardens
RLI2015-005RC, Development of Hilltop Property
Page | 7
It is the policy of the City of Palm Beach Gardens that
payment for all purchases by City departments shall be made
in a timely manner. The City will pay the successful Proposer
upon receipt and acceptance of the goods or services by a
duly authorized representative of the City. In accordance
with Florida Statutes, Section 218.74, the time at which
payment shall be due from the City shall be forty-five (45)
days from receipt of a proper invoice. The time at which
payment shall be due to small businesses shall be thirty (30)
days from receipt of a proper invoice. Proceedings to resolve
disputes for payment of obligations shall be concluded by
final written decision of the City Manager or designee, not
later than sixty (60) days after the date on which the proper
invoice was received by the City.
3.9 DISCOUNTS (PROMPT PAYMENTS)
The Proposer may offer cash discounts for prompt payments;
however, such discounts will not be considered in
determining the successful Proposer during the evaluation
period. Proposers are requested to provide prompt payment
terms in the space provided on the Proposal submittal forms
signature page of the Solicitation.
3.10 PREPARATION OF PROPOSALS
a. The Proposal submittal forms define requirements of the
services to be performed or the items to be purchased, and
must be completed and submitted with the Proposal. Use of
any other forms will result in the rejection of the Proposal.
The Proposal submittal forms must be legible. Proposers
shall use typewriter, computer, or ink. All changes must be
crossed out and initialed in ink. Failure to comply with these
requirements may cause the Proposal to be rejected.
b. An authorized agent of the Proposer’s firm must sign the
Proposal submittal forms where indicated. Failure to sign
the Signature Page of the Proposal shall render the
Proposal non-responsive.
c. The Proposer must identify any exceptions it takes to the
terms and conditions of the Solicitation and Contract.
Exceptions will not automatically result in the Proposer being
deemed non-responsive; however, such a determination is at
the discretion of the City. Proposers are cautioned that they
may be considered non-responsive if Proposals are
conditioned to modifications, changes, or revisions to the
terms and conditions of this Solicitation.
d. The Proposer may submit alternate Proposal(s) for the same
Solicitation provided that such offer is allowable under the
terms and conditions. The alternate Proposal must meet or
exceed the minimum requirements and be submitted as a
separate Proposal marked “Alternate Proposal”.
e. When there is a discrepancy between the unit prices and any
extended prices, the unit prices will prevail.
f. Late Proposals will not be accepted and will be returned to
the sender unopened. It is the Proposer’s responsibility to
ensure timely delivery by the due date and time, and at the
place stated in this Solicitation. No exceptions will be made
due to weather, carrier, traffic, illness, or other issues.
3.11 CANCELLATION OF SOLICITATION
The City of Palm Beach Gardens reserves the right to cancel,
in whole or in part, any Request for Letters of Interest when
it is in the best interest of the City.
3.12 AWARD OF CONTRACT
a. This Contract may be awarded to the responsive and
responsible Proposer meeting all requirements as set forth in
the Solicitation. The City reserves the right to reject any and
all Proposals, to waive irregularities or technicalities, and to
re-advertise for all or any part of this Solicitation as deemed
in its best interest. The City shall be the sole judge of its best
interest.
b. The City reserves the right to reject any and all Proposals if it
is determined that prices are excessive, best offers are
determined to be unreasonable, or it is otherwise determined
to be in the City’s best interest to do so.
c. The Proposer’s prior performance as a prime Contractor or
subcontractor on previous City Contracts shall be taken into
account in evaluating the Proposal received for this
Solicitation.
d. The City will provide a copy of the ranking and scores to all
Proposers responding to this Solicitation.
e. Award of this Proposal may be predicated on compliance
with and submittal of all required documents as stipulated in
the Solicitation.
f. The City reserves the right to request and evaluate additional
information from any Proposer after the due date for
Proposals, as the City deems necessary.
3.13 CONTRACT EXTENSION
The City reserves the right to automatically extend any
agreement for a maximum period not to exceed ninety (90)
calendar days in order to provide City departments with
continual service and supplies while a new agreement is
being solicited, evaluated, and/or successful.
3.14 WARRANTY
All warranties express and implied shall be made available to
the City for goods and services covered by this Solicitation.
All goods furnished shall be fully guaranteed by the
successful Proposer against factory defects and
workmanship. At no expense to the City, the successful
Proposer shall correct any and all apparent and latent
defects that may occur within the manufacturer’s standard
warranty.
3.15 ESTIMATED QUANTITIES
City of Palm Beach Gardens
RLI2015-005RC, Development of Hilltop Property
Page | 8
Estimated quantities or dollars are for Proposer’s guidance
only: (a) estimates are based on the City’s anticipated needs
and/or usage; and (b) the City may use these estimates to
determine the successful Proposer. No guarantee is
expressed or implied as to quantities or dollars that will be
used during the Contract period. The City is not obligated to
place any order for the given amount subsequent to the
award of this Contract.
3.16 NON-EXCLUSIVITY
It is the intent of the City to enter into an agreement with the
successful Proposer that will satisfy its needs as described
herein. However, the City reserves the right as deemed in its
best interest to perform, or cause to be performed, the work
and services, or any portion thereof, herein described in any
manner it sees fit, including but not limited to, award of
other Contracts, use of any Contractor, or perform the work
with its own employees.
3.17 CONTINUATION OF WORK
Any work that commences prior to and will extend beyond
the expiration date of the current Contract period shall,
unless terminated by mutual written agreement between the
City and the successful Proposer, continue until completion
at the same prices, terms, and conditions.
3.18 PROTEST
a. A recommendation for Contract award or rejection of
award may be protested by a Proposer. The Proposer may
file a written protest with the City Clerk’s office. The
Proposer shall file its written protest with the City Clerk,
Monday through Friday, between the hours of 8:00 a.m. and
5:00 p.m., excluding legal holidays. Protests shall contain
the name, address, and phone number of the petitioner,
name of the petitioner’s representative (if any), and the title
and Proposal number of the Solicitation. The protest shall
specifically describe the subject matter, facts giving rise to
the protest, and the action requested from the City.
b. The written protest must be received no later than
seventy-two (72) consecutive hours (excluding Saturdays,
Sundays, and legal holidays) after the time of award posting.
Failure to file a timely formal written protest within the time
period specified shall constitute a waiver by the Proposer of
all rights of protest under this procedure.
c. In the event of a timely protest, the City will not proceed
further with award of the Contract and agreement until all
administrative remedies are exhausted, or until the City
Manager determines the award of the Contract is
immediately necessary to protect the public health, welfare,
or safety.
3.19 LAWS AND REGULATIONS
The successful Proposer shall comply with all laws and
regulations applicable to provide the goods or services
specified in this Solicitation. The Proposer shall be familiar
with all federal, state, and local laws that may affect the
goods and/or services offered.
3.20 LICENSES, PERMITS AND FEES
The successful Proposer shall hold all licenses and/or
certifications, obtain and pay for all permits and/or
inspections, and comply with all laws, ordinances,
regulations, and building code requirements applicable to
the work required herein. Damages, penalties, and/or fines
imposed on the City or a successful Proposer for failure to
obtain and maintain required licenses, certifications, permits,
and/or inspections shall be borne by the successful Proposer.
3.21 SUBCONTRACTING
Unless otherwise specified in this Solicitation, the successful
Proposer shall not subcontract any portion of the work
without the prior written consent of the City. The ability to
subcontract may be further limited by the Special Conditions.
Subcontracting without the prior consent of the City shall
constitute a material breach of the agreement and may
result in termination of the Contract for default.
3.22 ASSIGNMENT
The successful Proposer shall not assign, transfer,
hypothecate, or otherwise dispose of this Contract, including
any rights, title, or interest therein, or its power to execute
such Contract to any person, company, or corporation
without the prior written consent of the City. Assignment
without the prior consent of the City may result in
termination of the Contract for default.
3.23 SHIPPING TERMS
Unless otherwise specified in the Solicitation, prices quoted
shall be F.O.B. Destination. Freight shall be included in the
proposed price.
3.24 RESPONSIBILITIES AS EMPLOYER
The employee(s) of the successful Proposer shall be
considered to be at all times its employee(s), and not an
employee(s) or agent(s) of the City or any of its departments.
The successful Proposer shall provide physically competent
employee(s) capable of performing the work as required.
The City may require the successful Proposer to remove any
employee it deems unacceptable. All employees of the
successful Proposer shall wear proper identification.
It is the successful Proposer’s responsibility to ensure that all
its employees and subcontractors comply with the
employment regulations required by the US Department of
Homeland Security. The City shall have no responsibility to
check or verify the legal immigration status of any employee
of the successful Proposer.
3.25 INDEMNIFICATION
The successful Proposer shall indemnify and hold harmless
the City and its officers, employees, agents, and
instrumentalities from any and all liability, losses, or
damages, including attorney’s fees and costs of defense,
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which the City or its officers, employees, agents, or
instrumentalities may incur as a result of claims, demands,
suits, causes of actions, or proceedings of any kind or nature
arising out of, relating to, or resulting from the performance
of the agreement by the successful Proposer or its
employees, agents, servants, partners, principals, or
subcontractors. The successful Proposer shall pay all claims
and losses in connection therewith, and shall investigate and
defend all claims, suits, or actions of any kind or nature in
the name of the City, where applicable, including appellate
proceedings, and shall pay all costs, judgments, and
attorney’s fees which may be incurred thereon. The
successful Proposer expressly understands and agrees that
any insurance protection required by this Contract
agreement or otherwise provided by the successful Proposer
shall in no way limit the responsibility to indemnify, keep and
save harmless, and defend the City or its officers, employees,
agents, and instrumentalities as herein provided.
3.26 COLLUSION
A Proposer recommended for award as the result of a
competitive Solicitation for any City purchase of supplies,
materials, and services (including professional services, other
than professional architectural, engineering, and other
services subject to Sec. 287.055 Florida Stats.), purchase,
lease, permit, concession or management agreement shall,
within five (5) business days of the filing of such
recommendation, submit an affidavit under the penalty of
perjury, on a form provided by the City, stating either that
the Contractor is not related to any of the other parties
proposing in the competitive Solicitation or identifying all
related parties; and attesting that the Proposal is genuine
and not a sham or collusive or made in the interest or on
behalf of any person not therein named, and that the
Proposer has not, directly or indirectly, induced or solicited
any other Proposer to put in a sham Proposal, or any other
person, firm, or corporation to refrain from proposing, and
that the Proposer has not in any manner sought by collusion
to secure to the Proposer an advantage over any other
Proposer. In the event a recommended Proposer identifies
related parties in the competitive Solicitation, its Proposal
shall be presumed to be collusive and the recommended
Proposer shall be ineligible for award unless that
presumption is rebutted to the satisfaction of the City. Any
person or entity that fails to submit the required affidavit
shall be ineligible for Contract award.
3.27 MODIFICATION OF CONTRACT
The Contract may be modified by mutual consent, in writing,
through the issuance of a modification to the Contract, a
supplemental agreement, purchase order, or change order,
as appropriate.
3.28 TERMINATION FOR CONVENIENCE
The City, at its sole discretion, reserves the right to terminate
this Contract without cause upon thirty (30) days’ written
notice. Upon receipt of such notice, the successful Proposer
shall not incur any additional costs under this Contract. The
City shall be liable only for reasonable costs incurred by the
successful Proposer prior to the date of the notice of
termination. The City shall be the sole judge of “reasonable
costs.”
3.29 TERMINATION FOR DEFAULT
The City reserves the right to terminate this Contract, in part
or in whole, or place the vendor on probation in the event
the successful Proposer fails to perform in accordance with
the terms and conditions stated herein. The City further
reserves the right to suspend or debar the successful
Proposer in accordance with the appropriate City ordinances
or resolutions. The vendor will be notified by letter of the
City’s intent to terminate. In the event of termination for
default, the City may procure the required goods and/or
services from any source and use any method deemed in its
best interest. All re-procurement costs shall be borne by the
incumbent successful Proposer.
3.30 FRAUD AND MISREPRESENTATION
Any individual, corporation, or other entity that attempts to
meet its Contractual obligations with the City through fraud,
misrepresentation, or material misstatement, may be
debarred for up to five (5) years. The City, as a further
sanction, may terminate or cancel any other Contracts with
such individual, corporation, or entity. Such individual or
entity shall be responsible for all direct or indirect costs
associated with termination or cancellation, including
attorney’s fees.
3.31 ACCESS AND AUDIT OF RECORDS
The City reserves the right to require the successful Proposer
to submit to an audit by an auditor of the City’s choosing at
the successful Proposer’s expense. The successful Proposer
shall provide access to all of its records, which relate directly
or indirectly to this Contract, at its place of business during
regular business hours. The successful Proposer shall retain
all records pertaining to this Contract, and upon request,
make them available to the City for three (3) years following
expiration of the Contract. The successful Proposer agrees to
provide such assistance as may be necessary to facilitate the
review or audit by the City to ensure compliance with
applicable accounting and financial standards.
3.32 OFFICE OF THE INSPECTOR GENERAL
Palm Beach County has established the Office of the
Inspector General, which is authorized and empowered to
review past, present, and proposed City programs, Contracts,
transactions, accounts and records. The Inspector General
(IG) has the power to subpoena witnesses, administer oaths,
require the production of records, and monitor existing
projects and programs. The Inspector General may, on a
random basis, perform audits on all City Contracts.
3.33 PRE-AWARD INSPECTION
The City may conduct a pre-award inspection of the
Proposer’s premises or hold a pre-award qualification
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hearing to determine if the Proposer is capable of performing
the requirements of this Solicitation.
3.34 PROPRIETARY/CONFIDENTIAL INFORMATION
Proposers are hereby notified that all information submitted
as part of, or in support of Proposal submittals will be
available for public inspection after the opening of Proposals
in compliance with Chapter 119 of the Florida Statutes,
popularly known as the “Public Record Law.” The Proposer
shall not submit any information in response to this
Solicitation that Proposer considers a trade secret,
proprietary, or confidential. The submission of any
information to the City in connection with this Solicitation
shall be deemed conclusively to be a waiver of any trade
secret or other protection that would otherwise be available
to the Proposer. In the event that the Proposer submits
information to the City in violation of this restriction, either
inadvertently or intentionally, and clearly identifies that
information in the Proposal as protected or confidential, the
City may, in its sole discretion, either (a) communicate with
the Proposer in writing in an effort to obtain the Proposer’s
withdrawal of the confidentiality restriction, or (b) endeavor
to redact and return that information to the Proposer as
quickly as possible, and if appropriate, evaluate the balance
of the Proposal. The redaction or return of information
pursuant to this clause may render a Proposal non-
responsive.
3.35 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY
ACT (HIPAA)
Any person or entity that performs or assists the City of Palm
Beach Gardens with a function or activity involving the use or
disclosure of “individually identifiable health information
(IIHI) and/or Protected Health Information (PHI) shall
comply with the Health Insurance Portability and
Accountability Act (HIPAA) of 1996. HIPAA mandates for
privacy, security, and electronic transfer standards include,
but are not limited to:
a. Use of information only for performing services required
by the Contract or as required by law;
b. Use of appropriate safeguards to prevent non-permitted
disclosures;
c. Reporting to the City of Palm Beach Gardens any non-
permitted use or disclosure;
d. Assurances that any agents and subcontractors agree to
the same restrictions and conditions that apply to the
Proposer and reasonable assurances that IIHI/PHI will
be held confidential;
e. Making Protected Health Information (PHI) available to
the customer;
f. Making PHI available to the customer for review and
amendment, and incorporating any amendments
requested by the customer;
g. Making PHI available to the City of Palm Beach Gardens
for an accounting of disclosures; and
h. Making internal practices, books, and records related to
PHI available to the City of Palm Beach Gardens for
compliance audits.
PHI shall maintain its protected status regardless of the form
and method of transmission (paper records and/or electronic
transfer of data). The successful Proposer must give its
customers written notice of its privacy information practices,
including specifically, a description of the types of uses and
disclosures that would be made with protected health
information.
3.36 ADDITIONAL FEES AND SURCHARGES
Unless provided for in the Contract/agreement, the City will
not make any additional payments such as fuel surcharges,
demurrage fees, or delay-in-delivery charges.
3.37 COMPLIANCE WITH FEDERAL STANDARDS
All items to be purchased under this Contract shall be in
accordance with all governmental standards, to include, but
not be limited to, those issued by the Occupational Safety
and Health Administration (OSHA), the National Institute of
Occupational Safety Hazards (NIOSH), and the National Fire
Protection Association (NFPA).
3.38 COMPLIANCE WITH FEDERAL REGULATIONS DUE TO USE OF
FEDERAL FUNDING
If the goods or services to be acquired under this Solicitation
are to be purchased, in part or in whole, with Federal
funding, it is hereby agreed and understood that Section 60-
250.4, Section 60-250.5, and Section 60-741.4 of Title 41 of
the United States Code, which addresses Affirmative Action
requirements for disabled workers, is incorporated into this
Solicitation and resultant Contract by reference.
3.39 BINDING EFFECT
All of the terms and provisions of this Contract/agreement,
whether so expressed or not, shall be binding upon, inure to
the benefit of, and be enforceable by the parties and their
respective legal representatives, successors, and permitted
assigns.
3.40 SEVERABILITY
If any part of this Contract is contrary to, prohibited by, or
deemed invalid under applicable law or regulation, such
provision shall be inapplicable and deemed omitted to the
extent so contrary, prohibited, or invalid, but the remainder
hereof shall not be invalidated thereby and shall be given full
force and effect so far as possible.
3.41 GOVERNING LAW AND VENUE
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This Contract and all transactions contemplated by this
agreement shall be governed by and construed and enforced
in accordance with the laws of the State of Florida without
regard to any contrary conflicts of law principle. Venue of all
proceedings in connection herewith shall lie exclusively in
Palm Beach County, Florida, and each party hereby waives
whatever its respective rights may have been in the selection
of venue.
3.42 ATTORNEY’S FEES
It is hereby understood and agreed that in the event any
lawsuit in the judicial system, federal or state, is brought to
enforce compliance with this Contract or interpret same, or if
any administrative proceeding is brought for the same
purposes, each party shall pay their own attorney’s fees and
costs, including appellate fees and costs.
3.43 EQUAL OPPORTUNITY AND ANTI-DISCRIMINATION
The City of Palm Beach Gardens complies with all laws
prohibiting discrimination on the basis of age, race, gender,
religion, creed, political affiliation, sexual orientation,
physical or mental disability, color or national origin, and
therefore is committed to assuring equal opportunity in the
award of Contracts and encourages small, local, minority,
and female-owned businesses to participate.
During the performance of this Contract, the successful
Proposer agrees it will not discriminate or permit
discrimination in its hiring practices or in its performance of
the Contract. The successful Proposer shall strictly adhere to
the equal employment opportunity requirements and any
applicable requirements established by the State of Florida,
Palm Beach County and the federal government.
The successful Proposer further acknowledges and agrees to
provide the City with all information and documentation that
may be requested by the City from time to time regarding
the Solicitation, selection, treatment, and payment of
subcontractors, suppliers, and vendors in connection with
this Contract.
3.44 AVAILABILITY OF CONTRACT TO OTHER CITY DEPARTMENTS
It is agreed and understood that any City department or
agency may access this Contract and purchase the goods or
services successful herein. Each City department will issue a
separate purchase order to the successful Proposer for the
department’s specific purchases.
3.45 CRIMINAL HISTORY BACKGROUND CHECKS
Prior to hiring a Contract employee or Contracting with a
Proposer, the City may conduct a comprehensive criminal
background check by accessing any Federal, State, or local
law enforcement database available. The Contract employee
or Proposer will be required to sign an authorization for the
City to access criminal background information. The costs
for the background checks shall be borne by the City.
3.46 LABOR, MATERIALS, AND EQUIPMENT
Unless specified elsewhere in the Solicitation or resultant
Contract, all labor, materials, and equipment required for the
performance of the requirements of the Contract shall be
supplied by the successful Proposer.
3.47 MINIMUM WAGE REQUIREMENTS
The successful Proposer shall comply with all minimum wage
requirements, such as Living Wage requirements, minimum
wages based on Federal Law, minimum wages based on the
Davis-Bacon Act, and the provisions of any other
employment laws, as may be applicable to this Contract.
3.48 PACKING SLIP AND DELIVERY TICKET
A packing slip and/or delivery ticket shall accompany all
items delivered to the City. The documents shall include
information on the Contract number or purchase order, any
back order items, and the number or quantity of items being
delivered.
3.49 PURCHASE OF OTHER ITEMS
The City reserves the right to purchase other related goods or
services, not listed in the Solicitation, during the Contract
term. When such requirements are identified, the City may
request a price quote from the successful Proposer on the
Contract. The City, at its sole discretion, will determine if the
prices offered are reasonable, and may choose to purchase
the goods or services from the successful Proposer, another
Contract vendor, or a non-Contract vendor.
3.50 PUBLIC RECORDS
Florida law provides that municipal records shall at all times
be available to the public for inspection. Chapter 119,
Florida Statutes, the Public Records Law requires that all
material submitted in connection with a Proposal response
shall be deemed to be public record subject to public
inspection upon award, recommendation for award, or thirty
(30) days after Proposal opening, whichever occurs first.
Certain exemptions to public disclosure are statutorily
provided for in Section 119.07, Florida Statutes. If the
Proposer believes any of the information contained in
his/her/its Proposal is considered confidential and/or
proprietary, inclusive of trade secrets as defined in Section
812.081, Florida Statutes, and is exempt from the Public
Records Law, then the Proposer must, in its response,
specifically identify the material which is deemed to be
exempt and state the legal authority for the exemption. All
materials that qualify for exemption from Chapter 119,
Florida Statutes or other applicable law must be submitted in
a separate envelope, clearly identified as “EXEMPT FROM
PUBLIC DISCLOSURE” with the firm’s name and the Proposal
number clearly marked on the outside. The City will not
accept Proposals when the entire Proposal is labeled as
exempt from disclosure. The City’s determination of whether
an exemption applies shall be final, and the Proposer agrees
to defend, indemnify, and hold harmless the City and the
City’s officers, employees, and agents against any loss or
damages incurred by any person or entity as a result of the
City’s treatment of records as public records.
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The selected Proposer(s) shall keep and maintain public
records and fully comply with the requirements set forth at
Section 119.0701, Florida Statues, as applicable; failure to do
so shall constitute a material breach of any and all
agreements awarded pursuant to this Solicitation.
3.51 CONFLICTS OF INTEREST
All Proposers must disclose with their Proposal the name of
any officer, director, or agent who is also an employee of the
City of Palm Beach Gardens. Further, all Proposers must
disclose the name of any City employee who has any interest,
financial or otherwise, direct or indirect, of five percent (5%)
or more in the Proposers’ firm or any of its branches. Failure
to disclose any such affiliation will result in disqualification of
the Proposer from this Solicitation and may be grounds for
further disqualification from participating in any future
Solicitations with the City.
3.52 PUBLIC ENTITY CRIMES
As provided in Section 287.133(2) (a), Florida Statutes, a
person or affiliate who has been placed on the convicted
vendors list following a conviction for 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 successful or perform work as a
Contractor, supplier, subcontractor, or consultant under a
Contract with any public entity.
3.53 OTHER GOVERNMENTAL AGENCIES
If a Proposer is successfully awarded a Contract as a result of
this Solicitation, the Proposer shall allow other governmental
agencies to access this Contract and purchase the goods and
services under the terms and conditions at the prices
awarded.
3.54 COMPLETION OF WORK AND DELIVERY
All work shall be performed and all deliveries made in
accordance with good commercial practice. The work
schedule and completion dates shall be adhered to by the
successful Proposer, except in such cases where the
completion date will be delayed due to acts of nature, force
majeure, strikes, or other causes beyond the control of the
successful Proposer. In these cases, the successful Proposer
shall notify the City of the delays in advance of the original
completion so that a revised delivery schedule can be
appropriately considered by the City.
3.55 FAILURE TO DELIVER OR COMPLETE WORK
Should the successful Proposer fail to deliver or complete the
work within the time stated in the Contract, it is hereby
agreed and understood that the City reserves the authority
to cancel the Contract with the successful Proposer and
secure the services of another vendor to purchase the items
or complete the work. If the City exercises this authority, the
City shall be responsible for reimbursing the successful
Proposer for work that was completed, and items delivered
and accepted by the City in accordance with the Contract
specifications. The City may, at its option, demand payment
from the successful Proposer, through an invoice or credit
memo, for any additional costs over and beyond the original
Contract price that were incurred by the City as a result of
having to secure the services of another vendor.
3.56 CORRECTING DEFECTS
The successful Proposer shall be responsible for promptly
correcting any deficiency, at no cost to the City, within three
(3) calendar days after the City notifies the successful
Proposer of such deficiency in writing. If the successful
Proposer fails to correct the defect, the City may (a) place the
successful Proposer in default of its Contract; and/or (b)
procure the products or services from another source and
charge the successful Proposer for any additional costs that
are incurred by the City for this work or items, either through
a credit memorandum or through invoicing.
3.57 ACCIDENT PREVENTION AND BARRICADES
Precautions shall be exercised at all times for the protection
of persons and property. All successful Proposers performing
services or delivering goods under this Contract shall
conform to all relevant OSHA, State, and City regulations
during the course of such effort. Any fines levied by the
above-mentioned authorities for failure to comply with these
requirements shall be borne solely by the successful
Proposer. Barricades shall be provided by the successful
Proposer when work is performed in areas traversed by
persons, or when deemed necessary by the City.
3.58 OMISSIONS IN SPECIFICATIONS
The scope of services or description of items contained within
this Solicitation describes the various functions and classes of
work required as necessary for the completion of the project.
Any omissions of inherent technical functions or classes of
work within the specifications and/or statement of work
shall not relieve the Proposer from furnishing, installing, or
performing such work where required to the satisfactory
completion of the project.
3.59 MATERIALS SHALL BE NEW AND WARRANTED AGAINST
DEFECTS
The successful Proposer hereby acknowledges and agrees
that all materials, except where recycled content is
specifically requested, supplied by the successful Proposer in
conjunction with this Solicitation and resultant Contract shall
be new, warranted for their merchantability, and fit for a
particular purpose. In the event any of the materials
supplied to the City by the successful Proposer are found to
be defective or do not conform to specifications, (1) the
materials may be returned to the successful Proposer at the
Proposer’s expense and the Contract cancelled; or (2) the
City may require the successful Proposer to replace the
materials at the successful Proposer’s expense.
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3.60 TOXIC SUBSTANCES/FEDERAL "RIGHT TO KNOW"
REGULATIONS
The Federal "Right to Know" Regulation implemented by the
Occupational Safety and Health Administration (OSHA)
requires employers to inform their employees of any toxic
substances to which they may be exposed in the workplace,
and to provide training in safe handling practices and
emergency procedures. It also requires notification to local
fire departments of the location and characteristics of all
toxic substances regularly present in the workplace.
Accordingly, the successful Proposer performing under this
Contract is required to provide two (2) complete sets of
Material Safety Data Sheets to each City department utilizing
any products that are subject to these regulations. This
information shall be provided at the time when the initial
delivery is made, on a department-by-department basis.
3.61 TAXES
The City of Palm Beach Gardens is exempt from Federal and
State taxes for tangible personal property.
3.62 PROPOSER’S COSTS
The City shall not be liable for any costs incurred by
Proposers in responding to this Request for Letters of
Interest.
3.63 SUBSTITUTION OF PERSONNEL
It is the intention of the City that the successful Proposer’s
personnel proposed for the Contract shall be available for the
initial Contract term. In the event the successful Proposer
wishes to substitute personnel, the successful Proposer shall
propose personnel of equal or higher Letters of Interest, and
all replacement personnel are subject to the City’s approval.
In the event the substitute personnel are not satisfactory to
the City, and the matter cannot be resolved to the
satisfaction of the City, the City reserves the right to cancel
the Contract for cause.
3.64 FORCE MAJEURE
The City and the successful Proposer are excused from the
performance of their respective obligations under the
Contract when and to the extent that their performance is
delayed or prevented by any circumstances beyond their
control, including, fire, flood, explosion, strikes or other labor
disputes, natural disasters, public emergency, war, riot, civil
commotion, malicious damage, act or omission of any
governmental authority, delay or failure or shortage of any
type of transportation, equipment, or service from a public
utility needed for their performance provided that:
a. The non-performing party gives the other party prompt
written notice describing the particulars of the force
majeure, including, but not limited to, the nature of the
occurrence and its expected duration, and continues to
furnish timely reports with respect thereto during the
period of the force majeure.
b. The excuse of performance is of no greater scope and of
no longer duration than is required by the force
majeure.
c. No obligations of either party that arose before the
force majeure causing the excuse of performance are
excused as a result of the force majeure.
d. The non-performing party uses its best efforts to
remedy its inability to perform.
Notwithstanding the above, performance shall not be
excused under this section for a period in excess of two (2)
months, provided that in extenuating circumstances, the City
may excuse performance for a longer term. Economic
hardship of the successful Proposer shall not constitute a
force majeure. The term of the Contract shall be extended by
a period equal to that during which either party’s
performance is suspended under this section.
3.65 NOTICES
Notices shall be effective when received at the addresses
specified in the Contract/agreement. Changes in respective
addresses to which such notices are to be directed may be
made from time to time by either party by written notice to
the other party. Facsimile and email transmissions are
acceptable notice effective when received; however,
facsimile and email transmissions received after 5:00 p.m. or
on weekends or holidays will be deemed received on the next
business day. The original of the notice must also be mailed
to the receiving party.
Nothing contained in this section shall be construed to
restrict the transmission of routine communications between
representatives of the successful Proposer and the City of
Palm Beach Gardens.
3.66 FISCAL FUNDING OUT
The City’s obligation pursuant to any Contract or agreement
entered into in accordance with this Solicitation is specifically
contingent upon the lawful appropriation of funds. Failure
to lawfully appropriate funds for any Contract or agreement
awarded shall result in automatic termination of the
Contract or agreement.
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SECTION 4
SPECIAL TERMS AND CONDITIONS
4.1 PURPOSE
The purpose of this Request for Letters of Interest (RLI) is to solicit submissions of Letters of
Interest and Proposals from qualified and experienced individuals, companies, organizations,
and firms who have the capability and funding to develop the Hilltop Property into a suitable
and quality public recreational facility for leisure pursuits. The City expects each Proposer to
clearly and comprehensively outline its best proposal and demonstrate that it possesses the
necessary resources in its response, to allow the City to properly evaluate the Proposal.
4.2 ELIGIBILITY AND MINIMUM REQUIREMENTS
To be eligible to respond to this RLI and be considered for award, the Proposer must
demonstrate to the satisfaction of the City that it, or the principals assigned to the project, has
successfully developed and/or operated other public facilities for recreational purposes.
4.3 RECORDS, ACCOUNTS, AND STATEMENTS
The successful Proposer shall keep on its premises, or such other place approved by the City,
current, true, accurate, and complete records and accounts of all services provided to the City,
and shall give the City or City’s representative access during reasonable business hours and
upon three (3) business days’ notice to examine and audit such records and accounts. Such
records shall be maintained, as an independent certified public accountant would need to
examine in order to certify a statement of the successful Proposer’s business with the City
pursuant to generally accepted auditing standards.
4.4 STANDARDS OF CONDUCT
The successful Proposer shall at all times comply with all ethical requirements, the City’s Vendor
Code of Conduct, rules, regulations, and ordinances of the City and other governmental agencies
having jurisdiction over any work performed under the Contract resultant from this Solicitation.
The successful Proposer shall further take all precautions and extreme care to conduct its
activities in a safe, professional, and prudent manner with respect to its agents, employees,
members, visitors, and participants, so as not to bring the image of the City into ill-repute.
4.5 DEFAULT
a. In the event the successful Proposer subsequently defaults in the performance of the
resultant Contract, the City shall have the following options:
i. The City Manager will give the successful Proposer five (5) days’ written notice
of default. If the problem is not resolved within the five (5) days, the City may
terminate the Contract upon written notice to the successful Proposer, and
obtain performance elsewhere.
ii. The City may recover at law any and all claims that may be due to the City from
the successful Proposer.
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iii. The City may perform such work as it deems necessary to cure the default or
subsequent default and charge the successful Proposer for the full cost of labor
and materials expended, plus thirty percent (30%) of the cost for administrative
overhead.
b. The acceptance of all or part of monies due for any period after a default shall
not be deemed as a waiver of any of these options, or a waiver of the default or
subsequent default of the same or any other term, covenant, and condition.
c. The successful Proposer, in accepting an agreement, agrees that the City shall
not be liable to be prosecuted for damages in the event the City declares the
successful Proposer in default hereunder.
4.6 INFORMATION SESSION AND SITE VISIT
An Information Session and Site Visit will be held on Friday, October 30, 2015 at 10:00AM Local
Time at Council Chambers, City of Palm Beach Gardens, 10500 North Military Trail, Palm Beach
Gardens, FL 33410. Attendance is highly recommended for those intending to submit a
Proposal.
After the Information Session there will be a Site Visit at the Hilltop Property, the subject of this
Solicitation.
The purpose of the Information Session and Site Visit is to provide and solicit information
relative to this Solicitation and project. Submission of a Proposal shall constitute an
acknowledgement by the Proposer that it has thoroughly examined and is familiar with the
requirements of this Solicitation package and the subject property. The failure or neglect of a
Proposer to examine the Solicitation package and the property, shall in no way relieve the
Proposer of any obligation with respect to its Proposal or the requirements of the subsequent
Contract. No claim for additional compensation will be allowed which is based on a lack of
knowledge of the requirements of this Solicitation package or the resultant Contract.
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SECTION 5
PROJECT SCOPE
5.1 MINIMUM INFORMATION
As part of the response to this RLI, Proposer shall provide the following minimum information:
a. Statement of Qualifications
Information about the project team including previous experience and references;
b. Project Description
Description of the proposed development, including intended uses and how the Project
will be integrated with neighboring properties;
c. Conceptual Design
Visual depiction of proposed development with detailed information relative to building
size, architectural character and site data;
d. Project Schedule
A detailed schedule identifying the anticipated timing of the development of the
Project;
e. Funding and Financing
Factual information on how the development of the Project will be funded. The
majority of funding for development and operation of the proposed facility should be in
place at the time of application as evidenced by funding commitments and/or letters of
support submitted with the Proposal;
f. Term of Contract/Comprehensive Agreement
Term of Contract/Comprehensive Agreement and the number of years before the
property and facility is transferred freehold to the City;
g. Secondary Arrangements
Any secondary arrangements that the City must be privy to in order for the Project to be
successful;
h. Operations
Information on the proposed operations of the facility and any revenue arrangements;
i. Connection to the Community
A grass roots connection to the community is being sought and this should be
documented by a narrative history of the Proposer’s community involvement and/or
letters of support from community serving organizations;
j. Timeliness
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The Proposer will have at six (6) months from the award date to finalize plans and at no
more than eighteen (18) months to complete construction and begin program
operations;
k. Terms and Conditions
The City expects to negotiate the final terms and conditions for the
Contract/Comprehensive Agreement. Proposers should state clearly any exceptions or
concerns regarding the terms and conditions listed in the RLI, and such exceptions shall
be subject to negotiations;
l. Fees
The proposed user fees, lease payments, or other service payments over the term of the
Comprehensive Agreement, and the methodology for and circumstances that would
allow changes to the user fees, lease payments, and other service payments over time;
and
m. Primary Contact
The name and address of the primary person who may be contacted for additional
information concerning the Proposal.
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SECTION 6
RESPONSE REQUIREMENTS
6.1 SUBMITTAL REQUIREMENTS
In response to this Solicitation, the Proposer should return one (1) signed original Solicitation
Summary and an accessible electronic copy of your Proposal on CD or USB thumb drive, of the
entire completed Letter of Interest and required affidavits and documentation. Proposers
should carefully follow the format and instructions outlined herein. All documents and
information must be fully completed and signed as required. Please do not password-protect
electronic documents.
The Proposal shall be written in sufficient detail to permit the City to conduct a meaningful
evaluation of the Proposer’s Letters of Interest. However, overly elaborate responses are not
requested or desired.
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SECTION 7
THE EVALUATION PROCESS
7.1 REVIEW OF PROPOSALS FOR RESPONSIVENESS
Each Proposal will be reviewed to determine if the Proposal is responsive to the submission
requirements outlined in this Solicitation. A responsive Proposal is one that follows the
requirements of this Solicitation, includes all documentation and completed forms, is submitted
in the format outlined in this Solicitation, is of timely submission, and has the appropriate
signatures as required on each document. Failure to comply with these requirements may
result in the Proposal being deemed non-responsive.
7.2 EVALUATION CRITERIA
Proposals will be evaluated by an Evaluation/Selection Committee, which will evaluate and rank
Proposals on the criteria listed below. The Evaluation/Selection Committee will be comprised of
appropriate City personnel and/or members of the community, as deemed necessary, with the
appropriate experience and/or knowledge. The criteria are itemized with their respective
weights for a maximum total of one hundred (100) points per Evaluation/Selection Committee
member.
CRITERIA POINTS
Proposer’s relevant experience, project merits, past performance and success,
Qualifications, and experience of key personnel who will be assigned to the Project 70
Proposer’s approach, financing, and schedule for developing the Project 30
7.3 ORAL PRESENTATIONS
Upon initial completion of the criteria evaluation indicated above, rating and ranking, the
Evaluation/Selection Committee may choose to conduct an oral presentation and interview with
the Proposer(s) which the Evaluation/Selection Committee deems to warrant further
consideration. Upon completion of the oral presentation(s), the Evaluation/Selection
Committee will perform a final review to re-evaluate, re-rate, and re-rank the Proposals
remaining in consideration based upon the written documents, combined with the oral
presentation(s) and interview(s). In such circumstances, the initial ranking of the Proposers shall
be considered a preliminary ranking until after the oral presentations and interviews are
completed.
7.4 NEGOTIATIONS
If the City and the Proposer(s) cannot reach agreement on a Contract, the City reserves the right
to terminate negotiations and may, at the City Manager’s or designee’s discretion, begin
negotiations with the next highest-ranked Proposer(s). This process may continue until a
Contract acceptable to the City has been executed or all Proposals are rejected. No Proposer
shall have any rights against the City arising from such negotiations or termination thereof.
Any Proposer recommended for negotiations may be required to provide to the City:
City of Palm Beach Gardens
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a) Its most recent certified business financial statements as of a date not earlier than the end
of the Proposer’s preceding official tax accounting period, together with a statement in
writing, signed by a duly authorized representative, stating that the present financial
condition is materially the same as that shown on the balance sheet and income statement
submitted, or with an explanation for any material change in the financial condition. A copy
of the most recent business income tax return will be accepted if certified financial
statements are unavailable.
b) Information concerning any prior or pending litigation, either civil or criminal, involving a
governmental agency or which may affect the performance of the services to be rendered
herein, in which the Proposer, any of its employees or subcontractors, is or has been
involved within the last three (3) years.
7.6 CONTRACT AWARD
Any Contract resulting from this Solicitation will be submitted to the City Manager or City
Council for approval, as appropriate. All Proposers will be notified in writing when the City
Manager or designee makes an award recommendation. The Contract award, if any, shall be
made to the Proposer whose Proposal shall be deemed by the City to be in the best interest of
the City. Notwithstanding the rights of protest listed herein, the City's decision of whether to
make the award and to which Proposer shall be final.
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SECTION 8
PROPOSAL/LETTERS OF INTEREST SUBMITTALS
8.1 FORMS
The forms listed below must be completed by an official having legal authorization to
contractually bind the company or firm. Each signature represents a binding commitment upon
the Proposer to provide the goods and/or services offered to the City if the Proposer is
determined to be the responsive and responsible Proposer with the highest score.
a. Acknowledgment of Addenda
b. Proposal Submittal Signature Page
c. Conflict of Interest Disclosure Form
d. Notification of Public Entity Crimes Law
e. Drug-Free Work Place
f. Non-Collusion Affidavit
g. Truth-In-Negotiation Certificate
h. Sample Performance Bond Format (if required, will be requested from the Proposer
recommended for award)
i. Sample Payment Bond Format (if required, will be requested from the Proposer
recommended for award)
j. Sample Letter of Credit Format (if required, will be requested from the Proposer
recommended for award)
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ACKNOWLEDGEMENT OF ADDENDA
INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES
PART I:
List below the dates of issue for each addendum received in connection with this Solicitation:
Addendum #1, Dated
Addendum #2, Dated
Addendum #3, Dated
Addendum #4, Dated
Addendum #5, Dated
Addendum #6, Dated
Addendum #7, Dated
Addendum #8, Dated
Addendum #9, Dated
Addendum #10, Dated
PART II:
NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS SOLICITATION
____________________________________________________________________________
Firm Name
____________________________________________________________________________
Signature
____________________________________________________________________________
Name and Title (Print or Type)
________________________________________
Date
City of Palm Beach Gardens
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PROPOSAL SUBMITTAL SIGNATURE PAGE
By signing this Proposal, the Proposer certifies that it satisfies all legal requirements as an entity to do
business with the City, including all Conflict of Interest and Code of Ethics provisions.
Firm Name:
______________________________________________________________________________
Street Address:
______________________________________________________________________________
Mailing Address (if different from Street Address):
______________________________________________________________________________
Telephone Number(s): _________________________________________
Fax Number(s): _______________________________________________
Email Address: ________________________________________________
Federal Employer Identification Number: _____________________________________________
Prompt Payment Terms: _____% _____ days’ net _____days
Signature: _____________________________________________________________________
(Signature of authorized agent)
Print Name: ___________________________________________
Title: _________________________________________________
Date:
By signing this document, the Proposer agrees to all terms and conditions of this Solicitation and the
resulting Contract/agreement.
THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF PROPOSER TO BE BOUND
BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE BY
AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE PROPOSAL NON-RESPONSIVE. THE CITY MAY,
HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY PROPOSAL THAT INCLUDES AN EXECUTED
DOCUMENT THAT UNEQUIVOCALLY BINDS THE PROPOSER TO THE TERMS OF ITS PROPOSAL.
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CONFLICT OF INTEREST DISCLOSURE FORM
The award of this Contract is subject to the provisions of Chapter 112, Florida Statutes. All Proposers
must disclose within their Proposal: the name of any officer, director, or agent who is also an employee
of the City of Palm Beach Gardens.
Furthermore, all Proposers must disclose the name of any City employee who owns, directly, or
indirectly, an interest of more than five percent (5%) in the Proposer’s firm or any of its branches.
The purpose of this disclosure form is to give the City the information needed to identify potential
conflicts of interest for evaluation team members and other key personnel involved in the award of this
Contract.
The term “conflict of interest” refers to situations in which financial or other personal considerations
may adversely affect, or have the appearance of adversely affecting, an employee’s professional
judgment in exercising any City duty or responsibility in administration, management, instruction,
research, or other professional activities.
Please check one of the following statements and attach additional documentation if necessary:
_________ To the best of our knowledge, the undersigned firm has no potential conflict of interest
due to any other Cities, Counties, Contracts, or property interest for this Proposal.
_________ The undersigned firm, by attachment to this form, submits information that may be a
potential conflict of interest due to other Cities, Counties, Contracts, or property
interest for this Proposal.
Acknowledged by:
____________________________________________________________________________
Firm Name
____________________________________________________________________________
Signature
____________________________________________________________________________
Name and Title (Print or Type)
____________________________________________________________________________
Date
City of Palm Beach Gardens
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NOTIFICATION OF PUBLIC ENTITY CRIMES LAW
Pursuant to Section 287.133, Florida Statutes, you are hereby notified that a person or affiliate who has
been placed on the convicted Contractors list following a conviction for 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 or real property to a public entity; may not be awarded or
perform work as a Contractor, supplier, sub-vendor, or consultant under a Contract with any public
entity; and may not transact business with any public entity in excess of the threshold amount provided
in Section 287.017 [F.S.] for Category Two [$35,000.00] for a period of thirty-six (36) months from the
date of being placed on the convicted Contractors list.
Acknowledged by:
____________________________________________________________________________
Firm Name
____________________________________________________________________________
Signature
____________________________________________________________________________
Name and Title (Print or Type)
____________________________________________________________________________
Date
City of Palm Beach Gardens
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DRUG-FREE WORKPLACE
________________________________________________________is a drug-free workplace and has
(Company Name)
a substance abuse policy in accordance with and pursuant to Section 440.102, Florida Statutes.
Acknowledged by:
____________________________________________________________________________
Firm Name
____________________________________________________________________________
Signature
____________________________________________________________________________
Name and Title (Print or Type)
____________________________________________________________________________
Date
City of Palm Beach Gardens
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NON-COLLUSION AFFIDAVIT
STATE OF ______________
COUNTY OF ____________
Before me, the undersigned authority, personally appeared ____________________________, who,
after being by me first duly sworn, deposes and says of his/her personal knowledge that:
a. He/She is __________________________ of ______________________________, the Proposer
that has submitted a Proposal to perform work for the following:
RFQ No.:_______________________ Title:
b. He/She is fully informed respecting the preparation and contents of the attached Request for
Letters of Interest, and of all pertinent circumstances respecting such Solicitation.
Such Proposal is genuine and is not a collusive or sham Proposal.
c. Neither the said Proposer nor any of its officers, partners, owners, agents, representatives,
employees, or parties in interest, including this affiant, has in any way colluded, conspired,
connived, or agreed, directly or indirectly, with any other Proposer, firm, or person to submit a
collusive or sham Proposal in connection with the Solicitation and Contract for which the
attached Proposal has been submitted or to refrain from proposing in connection with such
Solicitation and Contract, or has in any manner, directly or indirectly, sought by agreement or
collusion or communication or conference with any other Proposer, firm, or person to fix the
price or prices in the attached Proposal or any other Proposer, or to fix any overhead, profit, or
cost element of the Proposal price or the Proposal price of any other Proposer, or to secure
through any collusion, conspiracy, connivance, or unlawful agreement any advantage against
the City or any person interested in the proposed Contract.
d. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by
any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any
of its agents, representatives, owners, employees, or parties in interest, including this affiant.
_______________________________
Signature
Subscribed and sworn to (or affirmed) before me this _______ day of _____________________ 2012, by
______________________________, who is personally known to me or who has produced
_______________________________________________ as identification.
SEAL Notary Signature_____________________________
Notary Name: _______________________________
Notary Public (State): __________________________
My Commission No: ___________________________
Expires on: __________________________________
City of Palm Beach Gardens
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TRUTH – IN – NEGOTIATION CERTIFICATE
The undersigned warrants (i) that it has not employed or retained any company or person, other than
bona fide employees working solely for the undersigned, to solicit or secure the Agreement and (ii) that
it has not paid or agreed to pay any person, company, corporation, individual, or firm other than its
bona fide employees working solely for the undersigned or agreed to pay any fee, commission,
percentage, gift, or any other consideration contingent upon or resulting from the award or making of
the Agreement.
The undersigned certifies that the wage rates and other factual unit costs used to determined the
compensation provided for in the Agreement are accurate, complete, and current as of the date of the
Agreement.
This document must be executed by a Corporate Officer.
By: ___________________________
Title: ___________________________
Date: ___________________________
City of Palm Beach Gardens
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SAMPLE PERFORMANCE BOND FORMAT
KNOW ALL MEN BY THESE PRESENTS: that -_________________________________________________
______________________________________________________________________________,
(Insert full name and address or legal title of successful Proposer)
as Principal, hereinafter called Contractor, and ___________________________________________,
(Name of Insurer)
as Surety, hereinafter called Surety, are held and firmly bound unto the City of Palm Beach Gardens,
Palm Beach County, Florida; as Obligee, hereinafter called the City, in the amount of
___________________________________, ($________________________), for the payment whereof,
the Contractor and the Surety bind themselves, their heirs, executors, administrators, successors, and
assigns, jointly and severably, firmly by these presents.
WHEREAS, the Contractor has by written agreement dated _______________________, 2013, entered
into a Contract with the City in accordance with the Solicitation specifications prepared by the City
which Contract is by reference made a part hereof and is hereinafter referred as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if the Contractor shall promptly
and faithfully perform said Contract, then this obligation shall be null and void; otherwise, it shall remain
in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the City.
Whenever the Contractor shall be and declared by the City to be in default under the Contract, the City
having performed City’s obligations thereunder, the Surety may promptly remedy the default or shall
promptly:
a. Complete the Contract in accordance with its terms and conditions; or
b. Obtain a Proposal or Proposals for completing the Contract in accordance with its terms and
conditions, and upon determination by the Surety of the most responsible Proposer, or if the
City elects, upon determination by the City and the Surety jointly of the most responsible
Proposer, arrange for a Contract between such Proposer and the City, and make available as
work progresses (even though there should be a default or a succession of defaults under the
Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the
cost of completion less the balance of the Contract price; but not exceeding, including other
costs and damages for which the Surety may be liable hereunder, the amount set forth in the
first paragraph hereof. The term “balance of the Contract price”, as used in this paragraph, shall
mean the total amount payable by the City to the Contractor under the Contract and any
amendments thereto, less the amount properly paid by the City to the Contractor.
City of Palm Beach Gardens
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Any suit under this bond must be instituted before the expiration of twenty-five (25) months from the
date on which final payment under the Contract falls due.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the
City named herein or the heirs, executors, administrators, or successors of the City.
Signed and sealed this _________ day of _______________________, 2013.
___________________________________
(Principal) (Seal)
(Witness) (Title)
(Name of Insurer) Surety (Seal)
By:
(Witness) (Attorney-in-Fact)
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SAMPLE LETTER OF CREDIT FORMAT
LETTER OF CREDIT NO.: _________________
ISSUANCE DATE: _________________
APPLICANT:
{Name of Corporation}___________________________
{Address}______________________________________
{City, State, Zip}________________________________
BENEFICIARY:
CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL
PALM BEACH GARDENS, FLORIDA 33410
FOR U.S.D. $_________
DATE OF EXPIRATION: ________________
WE HEREBY ESTABLISH OUR IRREVOCABLE LETTER OF CREDIT NO. _________ IN FAVOR OF THE
BENEFICIARY, THE CITY OF PALM BEACH GARDENS, FLORIDA (HEREINAFTER “PBG”) FOR THE ACCOUNT
OF THE ABOVE-REFERENCED APPLICANT, AVAILABLE BY YOUR DRAFTS DRAWN ON (Insert name of Bank)
PAYABLE AT SIGHT FOR ANY SUM OF MONEY NOT TO EXCEED A TOTAL OF (Insert the amount of
money), THE AMOUNT REFERENCED ABOVE.
DEMANDS OF THE LETTER OF CREDIT MUST BE ACCOMPANIED BY A STATEMENT FROM THE CITY
MANAGER OF THE CITY OF PALM BEACH GARDENS CERTIFYING EITHER: (1) THAT SAID LETTER OF CREDIT
IS ABOUT TO EXPIRE AND HAS NOT BEEN RENEWED, OR (2) THAT WORK HAS NOT BEEN COMPLETED IN
ACCORDANCE WITH THE PLANS, SPECIFICATIONS, AND AGREEMENTS (INCLUDING ANY AMENDMENTS
THEREOF) FOR THE FOLLOWING PROJECT: {Name of Project}
______________________________________ (THE ‘PROJECT’).
IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT WILL BE AUTOMATICALLY EXTENDED FOR
PERIODS OF ONE YEAR FROM EXPIRY DATE HEREOF, OR ANY FUTURE EXPIRATION DATE, WITHOUT ANY
AMENDMENT, UNLESS THIRTY (30) DAYS BUT NO MORE THAN SIXTY (60) DAYS PRIOR TO ANY
EXPIRATION DATE WE SHALL NOTIFY PBG IN WRITING BY CERTIFIED MAIL RETURN RECEIPT REQUESTED,
OR BY COURIER VIA HAND DELIVERY AT THE ABOVE-LISTED ADDRESS, THAT WE ELECT NOT TO
CONSIDER THIS LETTER OF CREDIT RENEWED FOR ANY SUCH ADDITIONAL PERIOD.
WE HEREBY AGREE WITH THE DRAWERS, ENDORSERS, AND BONA FIDE HOLDERS OF ALL DRAFTS
DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THE CREDIT THAT SUCH DRAFTS WILL BE
DULY HONORED UPON PRESENTATION TO {Name of Bank}______________________________ (THE
‘BANK’), WHICH IS DULY AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF FLORIDA IN
ACCORDANCE WITH THE TERMS HEREOF. IF A DRAFT, AS DESCRIBED IN THIS LETTER OF CREDIT, IS
City of Palm Beach Gardens
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PRESENTED PRIOR TO THE EXPIRATION DATE AND IN CONFORMITY WITH THE TERMS OF THIS LETTER OF
CREDIT AND UPON PRESENTATION IT IS WRONGFULLY DISHONORED BY THE BANK, THE BANK AGREES
TO PAY REASONABLE ATTORNEYS FEES AND COSTS, INCLUDING FEES AND COSTS ON APPEAL, INCURRED
BY THE CITY OF PALM BEACH GARDENS TO ENFORCE THIS LETTER OF CREDIT SHOULD PBG PREVAIL.
DOCUMENTS MUST BE PRESENTED FOR PAYMENT TO:
{Name of Bank Branch}_______________________________
{Address}__________________________________________
{City, State, Zip}_____________________________________
ATTN: {Department} _________________________________
ALL DRAWINGS UNDER THIS LETTER OF CREDIT MUST BE ACCOMPANIED BY THE ORIGINAL LETTER OF
CREDIT INSTRUMENT WHICH WILL BE RETURNED TO THE BENEFICIARY AFTER ENDORSING THE BACK OF
SAME WITH THE AMOUNT OF EACH DRAWING BY US.
PARTIAL DRAWINGS ARE PERMITTED.
THE AMOUNT OF ANY DRAFT DRAWN UNDER THIS CREDIT MUST BE ENDORSED ON THE REVERSE OF
THE ORIGINAL CREDIT. ALL DRAFTS MUST BE MARKED “DRAWN UNDER {Name of Bank}
____________________________ LETTER OF CREDIT NUMBER _____________ DATED
____________________, 20__.”
THIS CREDIT IS SUBJECT TO THE "UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS,
(2007 REVISION), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 600", AND TO THE
PROVISIONS OF FLORIDA LAW. IF A CONFLICT BETWEEN THE UNIFORM CUSTOMS AND PRACTICE FOR
DOCUMENTARY CREDITS AND FLORIDA LAW SHOULD ARISE, FLORIDA LAW SHALL PREVAIL. IF A
CONFLICT BETWEEN THE LAW OF ANOTHER STATE OR COUNTRY AND FLORIDA LAW SHOULD ARISE,
FLORIDA LAW SHALL PREVAIL. VENUE FOR ANY DISPUTES RELATING TO THE ENFORCEMENT OF THIS
LETTER OF CREDIT SHALL BE PALM BEACH COUNTY, FLORIDA.
{Name of Bank}_________________________
BY: ______________________________
{Name}_____________________
{Title}______________________
City of Palm Beach Gardens
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SECTION 9
SAMPLE AGREEMENT FORMAT
Below is the standard agreement format for this Request for Letters of Interest. This is a sample
agreement only and is subject to revisions. PLEASE DO NOT COMPLETE.
AGREEMENT
THIS AGREEMENT is made and entered into by and between the City of Palm Beach Gardens, a
Florida municipal corporation (“City”), whose address is 10500 North Military Trail, Palm Beach Gardens,
Florida 33410, and _________, a corporation (hereafter referred to
as “Contractor”), whose address is .
WHEREAS, the City desires to retain the services of the Contractor to provide the goods and
services in accordance with the City’s Request for Letters of Interest No. , and the
Contractor’s response thereto, all of which are incorporated herein by reference.
NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth,
the Contractor and the City agree as follows:
ARTICLE 1. INCORPORATION OF REQUEST FOR LETTERS OF INTEREST
The terms and conditions of this Agreement shall include and incorporate the terms, conditions,
and specifications set forth in the City’s Request for Letters of Interest No. ________ and
the Contractor’s response thereto, including all documentation required thereunder.
ARTICLE 2. DESCRIPTION OF GOODS OR SCOPE OF SERVICES
The Contractor shall provide the goods and/or perform those services identified in the
specifications accompanying the City’s Invitation to Bid, which are incorporated herein by reference.
ARTICLE 3. COMPENSATION
The City shall pay to the Contractor, in compliance with the Pricing Schedule attached hereto
and incorporated herein, according to the terms and specifications of the referenced Invitation to Bid.
ARTICLE 4. MISCELLANEOUS PROVISIONS
a. Notice Format. All notices or other written communications required, contemplated, or
permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or
mailed by registered or certified mail (postage prepaid), return receipt requested, to the following
addresses:
i. As to the City: City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn: City Manager
City of Palm Beach Gardens
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Email:
ii. with a copy to: City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attn: City Attorney
Email:
iii. As to the Contractor:
Attn.:
Email:
b. Headings. The headings contained in this Agreement are for convenience of reference
only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
c. Effective Date. The effective date of this Agreement shall be as of the date it has been
executed by both the parties hereto.
(The remainder of this page intentionally left blank)
City of Palm Beach Gardens
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IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written.
Executed by the City this _____ day of _______________________, 2013.
CITY OF PALM BEACH GARDENS, FLORIDA
[SEAL]
By: ______________________________________
Ronald M. Ferris, City Manager
ATTEST:
By: ____________________________
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By: ____________________________
R. Max Lohman, City Attorney
Executed by the Contractor this _____ day of ___________________, 2013.
,
By: ______________________________________
Print Name: ________________________________
Title: _____________________________________
WITNESS:
[CORPORATE SEAL]
By: ___________________________________
Print Name: ____________________________
City of Palm Beach Gardens
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SECTION 10
EXHIBITS
1. Exhibit A
Google view of property location:
City of Palm Beach Gardens
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SECTION 11
SOLICITATION SUMMARY
The City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
PURCHASING DEPARTMENT
SOLICITATION SUMMARY
IMPORTANT NOTICE
The information you provide on this page will be read aloud at the PUBLIC OPENING for this Solicitat ion.
It is VERY IMPORTANT that the summary information you provide below is exactly the same information
contained in your Proposal. If subsequent to the opening of Proposals, the City determines that the
information contained in the electronic version of your Proposal is different from the information on this
Solicitation Summary, the City reserves the right to deem your Proposal NON-RESPONSIVE, and remove
your Proposal from further evaluation and consideration for Contract award.
PROPOSAL INFORMATION
Proposal Number: RLI2015-005RC
Title: Development of Hilltop Property
Due Date and Time: Friday, December 4, 2015
Name of Proposer: ___________________________________________________
Address: ___________________________________________________
Contact Person: ___________________________________________________
Authorized Signature: ___________________________________________________
Date: ___________________________________________________
By signing and submitting this Solicitation Summary, the Proposer affirms that the information provided
above is an exact and correct summary of the information contained in the electronic version of the
Proposer’s Proposal to the City of Palm Beach Gardens.
NOTE: This Solicitation Summary must be signed and included as an ORIGINAL HARDCOPY in the
envelope containing your Proposal.