Operational_Management_of_Tigertail_Lake_Park_Dog_Diving_Dock_Dog_Park_.pdf

City of Dania Beach

REQUEST FOR LETTERS OF INTEREST:

OPERATIONAL MANAGEMENT OF

(REISSUE)

LOI 24-029

NOTICE IS GIVEN that the City of Dania Beach, Florida (the “City”) will be accepting Proposals from qualified firms for “Operational Management of Tigertail Lake Park Dog Diving Dock / Dog Park (Reissue), LOI 24-029”.

Documents may be obtained from the City’s e-procurement portal at https://procurement.opengov.com/portal/daniabeachfl.

Electronic proposals must be received no later than 10:00 A.M. on DECEMBER 2, 2024.

Proposals will be publicly opened immediately after the submission deadline utilizing Microsoft Teams meeting software. Proposals must be submitted electronically to trough the City’s OpenGov e-Procurement portal https://procurement.opengov.com/portal/daniabeachfl,.

1. SCOPE OF WORK: The goal of this LOI is to select a qualified service provider for full-service operations of a dog diving dock and dog park on City-owned property, located at Tigertail Lake Park at 590 Anglers Avenue, Dania Beach, FL 33004.

Tigertail Lake Park is a City-owned fresh water lake and park consisting of gassy areas, dock and lake with beach. The park is currently open 6 days per week and offers public and private sessions for dog owners to enjoy with their pets at the dog dock and dog park area of the facility.

The City desires to enter into a Concession Agreement for the operation of the dog dock and dog park, including but not limited to the following services:

• Operational Management o Oversee daily operations of the dog park, dog beach, and dock o Implement and enforce dog park rules

• Manage access and monitor user behavior Maintenance o Conduct regular inspections of park facilities, including pathways, waste disposal stations and water access points for potential hazards o Ensure cleanliness and maintain appearance of the park inclusive of water areas, dog beach sand, and all vegetation o Enforcement of local health and safety regulations o Required, periodic water testing

• Reporting o Provide quarterly updates to the City on park and water conditions, park usage, incidents, and maintenance

The selected Concessionaire will have the right to use the park area as for the operation and maintenance of the dog diving dock and dog park. The Concessionaire will collect all fees relating to its operations at the park. All fees charged the public by Concessionaire are subject to approval by the City.

The Concessionaire will make best efforts market, advertise, and promote the Dog Dock as an outdoor recreation amenity open to the public. Additionally, respondents should https://procurement.opengov.com/portal/daniabeachfl include, as part of their LOI response, concepts to further enhance the offerings of the facility through programs, activations and other features.

2. ACCEPTANCE OR REJECTION OF PROPOSALS: The City, in its sole discretion, reserves the right to accept or reject any proposal, in whole or in part, which is in the best interest of the City. Proposals are subject to review and evaluation by the City.

3. SELECTION: The City will consider offers from interested parties to be responsive and responsible if accurate information is submitted as requested and the respondents are deemed to be otherwise qualified.

3.1 Proposers must submit a letter detailing their qualifications, experience, operational plan for management of the dog park.

3.2 Proposers must submit at least five (5) references from other persons, entities, or both. Current contact names, e-mail addresses and telephone numbers must be supplied.

3.3 Proposers must submit the Public Entities Crime Form signed by principals of respondents and dated prior to submission of a proposal (a copy of the form is attached).

3.4 Proposers must also submit the Non-Collusion Affidavit form signed by principals of respondents and dated prior to the submission of a proposal (a copy of the form is also attached).

3.5 Proposers must also submit the Affidavit of Compliance with Anti-Human Trafficking Laws form signed by principals of respondents and dated prior to the submission of a proposal (a copy of the form is also attached).

4. MINIMUM QUALIFICATION REQUIREMENTS: Proposers shall be individuals, firms, corporations, or other legal entities permitted by law to do business in the State of Florida and shall possess the necessary experience and staffing to provide services as outlined in this LOI.

5. SUBMITTAL REQUIREMENTS: Each Proposer desiring consideration shall submit electronic proposals outlining qualifications, financial ability and relevant experience. Multiple LOI’s from one person or entity are not acceptable.

The LOI shall, as a minimum, include the following information:

5.1 Business Structure: Provide a description of the general capabilities of the proposer, including information relating to total size of company, if any, and staffing, resources and equipment.

5.2 Provide the résumés of all key personnel who shall be assigned to the business operations.

5.3 Relevant Experience: describe practical and operational experience in detail.

Experience and qualifications of project manager and key personnel.

5.4 Cost proposal – upon selection of the most qualified Proposer, the parties will negotiate terms for sharing program revenues and other financial matters related to the Concession Agreement.

All Letters of Interest must be signed by a representative who is authorized to contractually bind the Proposer.

6. EVALUATION CRITERIA AND PROCEDURES: Evaluation of the responses will be conducted by an Evaluation Committee composed of City staff, or other persons selected by the City Manager or designee. Responsive proposals shall be evaluated based upon the information and references contained in the responses as submitted. The Evaluation Committee will evaluate all qualified, responsive proposals at duly advertised public evaluation meetings in accordance with Florida law.

The City will utilize a Best Value Scoring process when evaluating proposals. The Best Value Scoring will require the Evaluation Committee to assign a composite score rank, based on the Committee’s determination of the relative overall value of the Proposer’s response. Composite scores will rank responses from 1 (1st place), 2 (2nd place), and so on, for the total number of responses under consideration.

The City reserves the right to accept or reject any or all proposals, or parts of proposals, to waive any informalities, technicalities or irregularities, to re-advertise for proposals, to request re-proposals or clarifications, or take any similar actions that may be deemed to be in the best interest of the City. The City intends to negotiate an agreement with the most highly qualified Respondent.

7. POSTPONEMENT OF DATE FOR SUBMITTING PROPOSALS: The City reserves the right to extend the date for the receipt of proposals and will give ample notice of any such postponement to each prospective Respondent.

8. PROPOSAL SUBMISSION DEADLINE AND OPENING: Letters of Interest must be received by the Procurement Division no later than 10:00 a.m. on December 2, 2024. Proposals will be publicly opened immediately after the submission deadline utilizing Microsoft Teams meeting software.

9. ADDENDUM, ADDENDA, CHANGES OR INTERPRETATIONS DURING LETTERS OF

INTEREST PROCESS: All inquiries or requests for clarification must be made in writing and submitted to the City’s e-Procurement portal at https://procurement.opengov.com/portal/daniabeachfl, by 3:00 p.m. on November 21, 2024. Responses will be provided in the form of an addendum or addenda and will be posted on the OpenGov e-Procurement portal. The Respondent shall not rely on oral representations, discussions, clarifications or modifications. Each prospective Respondent shall acknowledge receipt of such addendum or addenda in the space provided in the Addendum form. In case any Respondent fails to acknowledge receipt of such addendum or addenda, the response will nevertheless be considered as though it had been received and acknowledged and the submission of the Letter of Interest will constitute acknowledgment of the receipt of same. It is the responsibility of each Respondent to verify receipt of any addendum and all addenda issued before responses are opened.

10. INSURANCE REQUIREMENTS

Proposer agrees to, in the performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations now in effect, or hereinafter enacted during the term of the agreement that are applicable to Proposer, its employees, agents, or subcontractors, if any, with respect to the work and services described in this

LOI.

10.1 Proposer shall obtain at Proposer’s expense all necessary insurance in such form and amount as required by this Proposal or by the City’s Human Resources Department before beginning work under the Agreement. Proposer shall maintain such insurance in full force and effect during the life of the Agreement. Proposer shall provide to the City’s Human Resources Department current certificates of all insurance required under this section prior to beginning any work under the Agreement.

10.2 Proposer shall indemnify and save the City harmless from any damage resulting to it for failure of a Proposer to obtain or maintain such insurance.

10.3 The following are required types and minimum limits of insurance coverage, which the Proposer agrees to maintain during the term of this contract:

The Contractor (the term “Contractor” refers to the successful Proposer in this RFP) shall not commence Work under the Agreement until Contractor has obtained all insurance required in this RFP, and not until such time that the coverages are approved by the City’s Human Resources Department.

The Contractor shall not allow any employee of Contractor or any Subcontractor to commence Work on any subcontract until the subcontractor and all Coverages required of any subcontractor have been obtained and approved in writing by the City’s Human Resources Department. In addition, Contractor shall be responsible for any and all policy deductibles and self-insured retentions.

The following are requirements that must be met regarding the Proposer’s delivery of Certificates of Insurance for all coverages required in the Agreement and Proposal Documents:

“Preliminary” certificate means that certificates of insurance verifying all general insurance requirements (as noted below) must be included with a Proposal submittal on the date and time of the Proposal opening.

If the “preliminary” certificates are not included with a Proposal submittal, then the City has the right to consider the submitted Proposal as non-responsive on the date and time of the Proposal opening. “Preliminary” Certificates may be issued without documentation of all “Special Provisions”. However, Contractor does understand that all provisions, including “Special Provisions” noted below are expected to be fully documented on or attached to the “Official” Certificates of Insurance as described below.

“Official” Certificates of Insurance must be delivered to the City Clerk’s office and Human Resources Department. If the “Official” certificates are not delivered on or before the fourteenth (14th) Business Day after the issuance by the City of the “Notice of Apparent Low Proposal”, then the City has the right to consider the awarded Agreement to the successful Proposer as void and to negotiate a agreement with the next lowest responsive and responsible Proposer.

“Special Provisions”, as referenced below under each type of insurance requirement shall be fully confirmed on or attached to the “Official” certificates.

I. Commercial General Liability

A. Limits of Liability (Minimum)

• Bodily Injury & Property Damage Liability

• Each Occurrence $2,000,000

• Policy Aggregate $4,000,000

• Personal & Advertising Injury $2,000,000

• Products & Completed Operations $2,000,000

B. Endorsements Required – Include in body of COI and/or Description of

Operations

• Annual Aggregate shall apply “Per Project/Job”

• Waiver of Subrogation in favor of the City

• Insurance shall apply on a primary and non-contributory basis

• “The City of Dania Beach, Florida” added as named “Additional

Insured”

II. Business Automobile Liability

A. Limits of Liability (Minimum)

• Bodily Injury and Property Damage

• Combined Single Limit $1,000,000

• Any Auto/Owned Autos or Scheduled Autos

• Including Hired and Non- Owned Autos

• Any One Accident

B. Endorsements Required - Include in body of COI and/or Description of

Operations

• City of Dania Beach included as an Additional Insured

III. Workers’ Compensation / Employers’ Liability

A. Workers Compensation Limits: Statutory - State of Florida

• Waiver of Subrogation in favor of City

B. Employers Liability Limits:

• $500,000 for bodily injury caused by an accident, each accident

• $500,000 for bodily injury caused by disease, each employee

• $500,000 for bodily injury caused by disease, policy limit

Workers Compensation must be provided for all persons fulfilling this contract, whether employed, contracted, temporary or subcontracted.

Contractor(s) must be in compliance with all applicable state and federal workers’ compensation laws, including US Longshore and Harbor Workers Compensation Act, Jones Act (maritime), Federal Employers Liability Act (railroad), etc.

In no event shall Vendor be permitted to utilize in the execution of this agreement, the following:

i) any employee, subcontractor or subcontractor employee that is exempted or purported to be exempt from Workers’ Compensation insurance coverage; or

ii) any employee, subcontractor or subcontractor employees who will be covered by an employee leasing arrangement.

IV. Umbrella/Excess Liability (Excess Follow Form) can be utilized to provide the required limits. Coverage shall be “following form” and shall not be more restrictive than the underlying insurance policy coverages, including all special endorsements and City as Additional Insured status. Umbrella should include Employer’s Liability.

Subcontractors’ Compliance: It is the responsibility of the contractor to ensure that all subcontractors comply with all insurance requirements.

Copy of Additional Insured Endorsement or other endorsements may be attached to the Certificate.

Insurance Carrier Requirements: The Company must be rated no less than “A-” as to management, and no less than “Class VII” as to financial strength, by the latest edition of Best Insurance Guide published by A.M. best Company, or its equivalent.

All policies or certificates of insurance are subject to review and verification by Risk Management. Companies authorized to do business in the State of Florida with the following qualifications shall issue all insurance policies required above.

Verification of Coverage: Proof of the required insurance must be furnished by Vendor to the City of Dania Beach Human Resources Department by Certificate of Insurance within 5 days of notification of award. All certificates (and any required documents) must be received and approved by Human Resources before any work commences to permit Vendor time to remedy any deficiencies.

Certificate Holder: City of Dania Beach, HR/Risk Department 100 West Dania Beach Boulevard, Dania Beach, FL 33004

11. CONE OF SILENCE

Definitions: “Cone of Silence,” as used in this LOI means a prohibition on any communication between:

a potential vendor, service provider, proposer, lobbyist, or consultant, and:

a City Commission member, City’s professional staff including, but not limited to, the City Manager and her staff, or any member of the City’s Bid Review Committee.

Restriction; Notice: A Cone of Silence shall be imposed upon this LOI upon the advertisement of the LOI. At the time of imposition of the Cone of Silence, the City

Manager or designee shall provide for public notice of the Cone of Silence by posting a notice at the City Hall.

Termination of Cone of Silence: The Cone of Silence shall terminate at the beginning of the City Commission (whether a regular or special meeting) at which the City Manager makes a written recommendation to the City Commission. However, if the City Commission refers the City Manager’s recommendation back to the City Manager or staff for further review, the Cone of Silence shall be re-imposed until such time as the City Manager makes a subsequent written recommendation.

Exceptions to Applicability: The provisions of this section shall not apply to:

• Communication with the City LOI representative;

• Oral communications at pre-proposal conferences;

• Oral presentations before any Selection Committee;

• Public presentations made to the City Commission members during any duly noticed public meeting;

• Communications regarding the LOI between a potential vendor, service provider, proposer, lobbyist or consultant and the City’s Procurement Administrator or City employee designated as responsible for administering the procurement process for the LOI, provided the communication is limited strictly to matters of process or procedure already contained in the corresponding solicitation document;

• Communications with the City Attorney and her staff;

• Duly noticed site visits to determine the competency of a Proposer regarding the

LOI during the

• time period between the opening of Proposals and the time the City Manager makes a written recommendation;

• Any emergency procurement of goods or services pursuant to City Code;

• Proposals to the City’s request for clarification or additional information;

• Communications to enable City staff to seek and obtain industry comment or perform market research, provided all related communications between a potential vendor, service provider, proposer, lobbyist, or consultant and any member of the City’s professional staff including, but not limited to, the City Manager and staff are in writing or are made at a duly noticed public meeting.

Penalties: Violation of this section by a Proposer or other listed person shall render any LOI selection, award or contract to the Proposer voidable by the City Commission or City Manager. Any person who violates a provision of this section may be prohibited from serving on the City Selection Committee. In addition to any other penalty provided in this LOI, violation of any provision of this section by a City employee may subject the employee to disciplinary action.

Please contact the City Attorney for any questions concerning “Cone of Silence” compliance.

PROPOSAL DOCUMENTS

1. Sworn Statement Regarding Public Entity Crimes

2. Non-Collusion Affidavit

3. Affidavit of Compliance with Anti-Human Trafficking Laws

4. References

5. Documentation as described in “Submittal Requirements”, Item No. 5 of this LOI.

Sworn Statement Under Section §287.133(3)(a), Florida Statutes on Public Entity Crimes

(This form must be signed in the presence of a Notary Public or other officer authorized to administer oaths.)

1. This sworn statement is submitted with Invitation to LOI No. 24-029.

2. This sworn statement is submitted by:

(name of entity submitting sworn statement) its business address is:

Federal Identification Number (FEIN) is:

(if applicable)

Social Security Number:

(if the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement)

3. My name is:

(PRINT NAME of individual signing this document) and my relationship to the entity is:

(President, General Partner, etc. as applicable)

4. I understand that a "public entity crime" as defined in Section 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation.

6. I understand that "convicted" or "conviction" as defined in Section 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere

(also known as “No Contest”).

6. I understand that an "affiliate" as defined in Section 287.133(1)(a), Florida

Statutes, means:

(a) A predecessor or successor of a person or a corporation convicted of a public entity crime; or

(b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima-facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate.

7. I understand that a "person" as defined in Section 287.133(1)(e), Florida Statutes, means any natural person or any entity organized under the laws of any state or of the United States with the legal power to enter into a binding agreement and which bids or applies to bid on contracts let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity.

8. Based on information and belief, the statement which that I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies):

Neither the entity submitting the sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989.

The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989 and

(Please now indicate which additional statement below applies):

There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings.

The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order)

The person or affiliate was placed on the convicted list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order)

The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Florida Department of General Services)

SIGNATURE (of person whose name Date first appears above)

STATE OF FLORIDA )

COUNTY OF ___________ )

Sworn to and subscribed before me on __________________________, 20_____, by ____________________________________, as _________________________________ of ______________________________, a ________________ corporation/partnership, on behalf of the corporation/partnership who (check one) [ ] is personally known to me or [ ] has produced ________________________________ as identification.

Signature of Notary Public

PRINTED Name of Notary

My commission expires:

NON-COLLUSION AFFIDAVIT

The undersigned Proposer has not divulged to, discussed, or compared his/her/its Proposal with any other Proposal and has not colluded with any other Proposer or parties to the Proposal whatsoever.

Name of City Project: OPERATIONAL MANAGEMENT OF TIGERTAIL DOG LAKE PARK City’s Request for Letters of Interest: 24-029

Name of Proposer

SIGNATURE of Proposer or Authorized PRINT Name of Proposer or Authorized Agent of Proposer Agent of Proposer

Title __________________, 20____.

Date

STATE OF FLORIDA )

) ss:

COUNTY OF ____________ )

BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared ☐ physical presence or ☐ online notarization, on _________________ as _________________, of ___________________, an organization authorized to do business in the State of Florida, and acknowledged and executed the foregoing statement as the proper official of _______________________ for the use and purposes mentioned in it and affixed the official seal of the entity, and that the instrument is the act and deed of that entity.

He/she is personally known to me or has produced __________________________ as identification.

Signature of Notary Public

PRINTED Name of Notary

My commission expires:

Affidavit of Compliance with Anti-Human Trafficking Laws

In accordance with Section 787.06 (13), Florida Statutes, the undersigned, on behalf of the entity listed below (“Entity”), hereby attests under penalty of perjury that:

1. Entity does not use coercion for labor or services as defined in Section 787.06, Florida Statutes, entitled “Human Trafficking”.

The undersigned is authorized to execute this affidavit on behalf of Entity.

Date: ____________________, 20___ Signed:

Entity: Name:

Title:

STATE OF FLORIDA

COUNTY OF

The foregoing instrument was acknowledged before me by means of ☐ physical presence or by ☐ online notarization on __________________________________ 20____, by ________________________________ as ___________ of __________________________, on behalf of the company. He/she is personally known to me or produced __________________________________ as identification and did (did not) take an oath.

NOTARY PUBLIC

My Commission Expires: State of Florida