1. law, govt and politics
2. government
3. legislative

PROJECT NO.: P-120571
OPEN DATE: JANUARY 22, 2013
AND TIME:
2:30 P.M.
PRE-PROPOSAL MEETING: N/A
REQUEST FOR
PROPOSALS
TITLE:
CAFÉ OPERATOR FOR A NEW PUBLIC LIBRARY
IN DOWNTOWN FORT MYERS
Advertised Date: November 23, 2012
REQUESTER: LEE COUNTY BOARD OF COUNTY COMMISSIONERS
DIVISION OF PROCUREMENT MANAGEMENT
MAILING ADDRESS
P.O. BOX 398
FORT MYERS, FL 33902-0398
PROCUREMENT CONTACT:
ROBERT D. FRANCESCHINI, C.P.M., CPPB
PROCUREMENT DIRECTOR
PHONE NO.: (239) 533-5457
EMAIL: [email protected]
PHYSICAL ADDRESS
1825 HENDRY ST 3RD FLOOR
FORT MYERS, FL 33901
PROPOSAL NO.: P-120571
GENERAL CONDITIONS
Sealed Proposals will be received by the DIVISION OF PROCUREMENT MANAGEMENT, until the
time and date specified on the cover sheet of this ―Request for Proposals‖, and opened immediately
thereafter by the Director or designee.
Any question regarding this solicitation should be directed to the Procurement Contact listed on the cover
page of this solicitation, or by calling the Division of Procurement Management at (239) 533-5450.
1.
SUBMISSION OF PROPOSAL:
a.
Proposals must be sealed in an envelope, and the outside of the envelope must be marked
with the following information:
1.
2.
3.
4.
5.
b.
Marked with the words ―Sealed Proposal‖
Name of the firm submitting the quotation
Title of the proposal
Proposal number
The envelope shall include:
i. One original hard copy of the proposal submittal
ii. Six electronic CD ROM sets of the proposal submittal
1. One single adobe PDF file and should be copied in the same order
as the original hard copy.
2. Limit the color and number of images to avoid unmanageable file
sizes.
3. Use a rewritable CD and do not lock files.
Proposals are to include the following:
1.
The completed Proposal/Quote Form. Proposal must be properly signed and
where applicable corporate and/or notary seals.
2.
All other pertinent documentation required in the Request for Proposal.
c.
PROPOSALS RECEIVED LATE: It is the Proposer’s responsibility to ensure that the
proposal is received by the Division of Procurement Management prior to the opening
date and time specified. Any proposal received after the opening date and time will be
promptly returned to the proposer unopened. Lee County will not be responsible for
proposals received late because of delays by a third party delivery service; i.e., U.S. Mail,
UPS, Federal Express, etc.
d.
PROPOSAL CALCULATION ERRORS: In the event there is a discrepancy between
the total quoted amount or the extended amounts and the unit prices quoted, the unit
prices will prevail and the corrected sum will be considered the quoted price.
e.
PAST PERFORMANCE: All Proposers will be evaluated on their past performance
and prior dealings with Lee County (i.e., failure to meet specifications, poor
workmanship, late delivery, etc.). Poor or unacceptable past performance may result in
bidder disqualification.
1
PROPOSAL NO.: P-120571
2.
f.
WITHDRAWAL OF PROPOSAL: No proposal may be withdrawn for a period of 90
days after the scheduled time for receiving proposals. A proposal may be withdrawn
prior to the proposal-opening date and time. Such a request to withdraw must be made in
writing to the Procurement Management Director, who will approve or disapprove of the
request.
g.
COUNTY RESERVES THE RIGHT: The County reserves the right to exercise its
discretion, to waive minor informalities in any proposal; to reject any or all proposals
with or without cause; and/or to accept the proposal that in its judgment will be in the
best interest of Lee County.
h.
EXECUTION OF PROPOSAL: All proposals shall contain the signature of an
authorized representative of the proposer in the space provided on the proposal form. All
proposals shall be typed or printed in ink. The Proposer may not use erasable ink. All
corrections made to the proposal shall be initialed.
ACCEPTANCE
The materials and/or services delivered under the proposal shall remain the property of the seller
until a physical inspection and actual usage of these materials and/or services is accepted by the
County and is deemed to be in compliance with the terms herein, fully in accord with the
specifications and of the highest quality. In the event the materials and/or services supplied to the
County are found to be defective or do not conform to specifications, the County reserves the
right to cancel the order upon written notice to the seller and return such product to the seller at
the seller’s expense.
3.
RULES, REGULATIONS, LAWS, ORDINANCES & LICENSES
The awarded Proposer shall observe and obey all laws, ordinances, rules, and regulations, of the
federal, state, and local government, which may be applicable to the supply of this product or
service. The awarded Proposer has attested to compliance with the applicable immigration laws
of the United States in the attached affidavit. Violations of the immigration laws of the United
States shall be grounds for unilateral termination of the awarded agreement.
a.
b.
4.
Local Business Tax – Proposer shall submit within 10 calendar days after
request.
Specialty License(s) – Proposer shall possess at the time of the opening of the
proposal all necessary permits and/or license required for the sale of this product
and/or service and upon the request of the County will provide copies of licenses
and/or permits within 10 calendar days after request.
PRE-PROPOSAL CONFERENCE
A pre-proposal conference will be held at the location, date, and time specified on the cover of
this solicitation. Pre-proposal conferences are generally non-mandatory, but it is highly
recommended that everyone planning to submit a proposal attend.
In the event a pre-proposal conference is classified as mandatory, it will be so specified on the
cover of this solicitation and it will be the responsibility of the proposer to ensure that they are
represented at the pre-proposal. Only those proposers who attend the pre-proposal conference
will be allowed to submit a proposal on this project.
2
PROPOSAL NO.: P-120571
5.
LEE COUNTY PAYMENT PROCEDURES
All Proposers are requested to mail an original invoice to:
Lee County Finance Department
Post Office Box 2238
Fort Myers, FL 33902-2238
All invoices will be paid as directed by the Lee County payment procedure unless otherwise
differently stated in the detailed specification portion of this proposal.
Lee County will not be liable for requests for payment deriving from aid, assistance, or help by
any individual, vendor, proposer, or bidder for the preparation of these specifications.
Lee County is generally a tax-exempt entity subject to the provisions of the 1987 legislation
regarding sales tax on services. Lee County will pay those taxes for which it is obligated, or it
will provide a Certificate of Exemption furnished by the Department of Revenue. All Proposers
should include in their proposal all sales or use taxes, which they will pay when making
purchases of material or subcontractor’s services.
6.
LEE COUNTY BID PROTEST PROCEDURE
Any Proposer that has submitted a formal bid/proposal to Lee County, and who is adversely
affected by an intended decision with respect to the award of the formal bid/proposal, must file a
written ―Notice of Intent to File a Protest‖ with the Lee County Procurement Management
Director not later than seventy-two (72) hours (excluding Saturdays, Sundays and Legal
Holidays) after receipt of the County’s ―Notice of Intended Decision‖ with respect to the
proposed award of the formal bid/proposal.
The ―Notice of Intent to File a Protest‖ is one of two documents necessary to perfect Protest. The
second document is the ―Formal Written Protest‖, both documents are described below.
The ―Notice of Intent to File a Protest‖ document must state all grounds claimed for the Protest,
and clearly indicate it as the ―Notice of Intent to File a Protest‖. Failure to clearly indicate the
Intent to file the Protest shall constitute a waiver of all rights to seek any further remedies
provided for under this Protest Procedure.
The ―Notice of Intent to File a Protest‖ shall be received (―stamped in‖) by the Procurement
Management Director or Public Works Director not later than Four o’clock (4:00) PM on the
third working day following the day of receipt of the County’s Notice of Intended Decision.
The affected party shall then file its Formal Written Protest within ten (10) calendar days after the
time for the filing of the Notice of Intent to File a Protest has expired. Except as provided for in
the paragraph below, upon filing of the Formal Written Protest, the Proposer shall post a bond,
payable to the Lee County Board of County Commissioners in an amount equal to five percent
(5%) of the total bid/proposal/proposal, or Ten Thousand Dollars ($10,000.00), whichever is less.
Said bond shall be designated and held for payment of any costs that may be levied against the
protesting Proposer by the Board of County Commissioners, as the result of a frivolous Protest.
3
PROPOSAL NO.: P-120571
A clean, Irrevocable Letter of Credit or other form of approved security, payable to the County,
may be accepted. Failure to submit a bond, letter of credit, or other approved security
simultaneously with the Formal Written Protest shall invalidate the protest, at which time the
County may continue its procurement process as if the original ―Notice of Intent to File a Protest‖
had never been filed.
Any Proposer submitting the County’s standard bond form (CMO: 514), along with the
bid/proposal, shall not be required to submit an additional bond with the filing of the Formal
Written Protest.
The Formal Written Protest shall contain the following:
County bid/proposal identification number and title.
Name and address of the affected party, and the title or position of the person submitting
the Protest.
A statement of disputed issues of material fact. If there are no disputed material facts, the
Formal Protest must so indicate.
A concise statement of the facts alleged, and of the rules, regulations, statutes, or
constitutional provisions, which entitle the affected party to relief.
All information, documents, other materials, calculations, and any statutory or case law
authority in support of the grounds for the Protest.
A statement indicating the relief sought by the affected (protesting) party.
Any other relevant information that the affected party deems to be material to Protest.
Upon receipt of a timely filed ―Notice of Intent to File a Protest‖, the Procurement
Management Director or Public Works Director (as appropriate) may abate the award of the
formal bid/proposal as appropriate, until the Protest is heard pursuant to the informal hearing
process as further outlined below, except and unless the County Manager shall find and set
forth in writing, particular facts and circumstances that would require an immediate award of
the formal bid/proposal for the purpose of avoiding a danger to the public health, safety, or
welfare. Upon such written finding by the County Manager, the County Manager may
authorize an expedited Protest hearing procedure. The expedited Protest hearing shall be held
within ninety-six (96) hours of the action giving rise to the Proposer’s Protest or as soon as
may be practicable for all parties. The ―Notice of Intent to File a Protest‖ shall serve as the
grounds for the affected party’s presentation and the requirements for the submittal of a
formal, written Protest under these procedures, to include the requirement for a bond, shall
not apply.
The Dispute Committee shall conduct an informal hearing with the protesting Proposer to
attempt to resolve the Protest, within seven working days (excluding Saturdays, Sundays and
legal holidays) from receipt of the Formal Written Protest. The Chair of the Dispute
Committee shall ensure that all affected parties may make presentations and rebuttals, subject
to reasonable time limitations, as appropriate. The purpose of the informal hearing by the
Dispute Committee, the protestor and other affected parties is to provide an opportunity: (1)
4
PROPOSAL NO.: P-120571
to review the basis of the Protest; (2) to evaluate the facts and merits of the Protest: and (3) to
make a determination whether to accept or reject the Protest.
Once a determination is made by the Dispute Committee with respect to the merits of the
Protest, the Dispute Committee shall forward to the Board of County Commissioners its
recommendations, which shall include relevant background information related to the
procurement.
Upon receiving the recommendation from the Dispute Committee, the Board of County
Commissioners shall conduct a hearing on the matter at a regularly scheduled meeting.
Following presentations by the affected parties, the Board shall render its decision on the
merits of the Protest.
If the Board’s decision upholds the recommendation by the Dispute Committee regarding the
award, and further finds that the Protest was either frivolous and/or lacked merit, the Board,
at its discretion, may assess costs, charges, or damages associated with any delay of the
award, or any costs incurred with regard to the protest. These costs, charges or damages may
be deducted from the security (bond or letter of credit) provided by the Proposer. Any costs,
charges or damages assessed by the Board in excess of the security shall be paid by the
protesting Proposer within thirty (30) calendar days of the Board’s final determination
concerning the award.
All formal bid/proposal solicitations shall set forth the following statement:
―FAILURE TO FOLLOW THE BID PROTEST PROCEDURE REQUIREMENTS WITHIN THE
TIMEFRAMES AS PRESCRIBED HEREIN AND ESTABLISHED BY LEE COUNTY BOARD OF
COUNTY COMMISSIONERS, FLORIDA, SHALL CONSTITUTE A WAIVER OF YOUR PROTEST
AND ANY RESULTING CLAIMS.‖
7.
PUBLIC ENTITY CRIME
Any person or affiliate as defined by statute who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid or a contract to provide any
goods or services to the County; may not submit a bid on a contract with the County for the
construction or repair of a public building or a public work; may not submit bids or leases of real
property to the County; may not be awarded or perform works as a contractor, supplier,
subcontractor, or consultant under a contract with the County, and may not transact business with
the County in excess of $25,000.00 for a period of 36 months from the date of being placed on
the convicted vendor list.
8.
QUALIFICATION OF PROPOSERS (unless otherwise noted)
Proposals will be considered only from firms or individuals normally engaged in the sale and
distribution or provision of the services as specified herein. Proposers shall have adequate
organization, facilities, equipment, and personnel to ensure prompt and efficient service to Lee
County. The County reserves the right before recommending any award to inspect the facilities,
if any, and organization, if any; or to take any other action necessary to determine ability to
perform is satisfactory, and reserves the right to reject proposals where evidence submitted or
investigation and evaluation indicates an inability of the Proposer to perform.
5
PROPOSAL NO.: P-120571
9.
MISCELLANEOUS
If a conflict exists between the General Conditions and the detailed specifications, then the
detailed specifications shall prevail.
10.
WAIVER OF CLAIMS
Once this contract expires, or final payment has been requested and made, the awarded Proposer
shall have no more than 30 days to present or file any claims against the County concerning this
contract. After that period, the County will consider the Proposer to have waived any right to
claims against the County concerning this agreement.
11.
AUTHORITY TO PIGGYBACK
It is hereby made a precondition of any proposal and a part of these specifications that the
submission of any proposal in response to this request constitutes a proposal made under the same
conditions, for the same price, and for the same effective period as this proposal, to any other
governmental entity.
12.
COUNTY RESERVES THE RIGHT
a)
Any Single Large Project
The County, in its sole discretion, reserves the right to separately proposal any project
that is outside the scope of this proposal, whether through size, complexity, or dollar
value.
b)
Disadvantaged Business Enterprises (DBE’s)
The County, in its sole discretion, reserves the right to purchase any of the items in this
proposal from a Disadvantaged Business Enterprise Proposer if the prices are determined
to be in the best interest of the County, and/or to assist the County in the fulfillment of
any of the County’s grant commitments to federal or state agencies.
The County further reserves the right to purchase any of the items in this proposal from
DBE’s to fulfill the County’s stated policy toward DBE’s.
c)
Anti-Discrimination
The Proposer for itself, its successors in interest, and assignees, as part of the
consideration there of covenant and agree that:
In the furnishing of services to the County hereunder, no person on the grounds of race,
religion, color, age, sex, national origin, handicap or marital status shall be excluded from
participation in, denied the benefits of, or otherwise be subjected to discrimination.
The Proposer will not discriminate against any employee or applicant for employment
because of race, religion, color, age, sex, national origin, handicap or marital status. The
Proposer will make affirmative efforts to insure that applicants are employed and that
employees are treated during employment without regard to their race, religion, color,
age, sex, national origin, handicap or marital status. Such action shall include, but not be
6
PROPOSAL NO.: P-120571
limited to, acts of employment, upgrading, demotion or transfer; recruitment advertising;
layoff or termination, rates of pay or other forms of compensation and selection for
training, including apprenticeship.
Proposer agrees to post in a conspicuous place, available to employees and applicants for
employment, notices setting forth the provisions of this anti-discrimination clause.
Proposer will provide all information and reports required by relevant regulations and/or
applicable directives. In addition, the Proposer shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by the
County to be pertinent to ascertain compliance. The Proposer shall maintain and make
available relevant data showing the extent to which members of minority groups are
beneficiaries under these contracts.
Where any information required of the Proposer is in the exclusive possession of another
who fails or refuses to furnish this information, the Proposer shall so certify to the County
its effort made toward obtaining said information. The Proposer shall remain obligated
under this paragraph until the expiration of three (3) years after the termination of this
contract.
In the event of breach of any of the above anti-discrimination covenants, the County shall
have the right to impose sanctions as it may determine to be appropriate, including
withholding payment to the Proposer or canceling, terminating, or suspending this
contract, in whole or in part.
Additionally, the Proposer may be declared ineligible for further County contracts by
rule, regulation or order of the Board of County Commissioners of Lee County, or as
otherwise provided by law.
The Proposer will send to each union, or representative of workers with which the
Proposer has a collective bargaining agreement or other contract of understanding, a
notice informing the labor union of worker’s representative of the Proposer’s
commitments under this assurance, and shall post copies of the notice in conspicuous
places available to the employees and the applicants for employment.
The Proposer will include the provisions of this section in every subcontract under this
contract to insure its provisions will be binding upon each subcontractor. The Proposer
will take such actions with respect to any subcontractor, as the contracting agency may
direct, as a means of enforcing such provisions, including sanctions for non-compliance.
13.
AUDITABLE RECORDS
The awarded Proposer shall maintain auditable records concerning the procurement adequate to
account for all receipts and expenditures, and to document compliance with the specifications.
These records shall be kept in accordance with generally accepted accounting methods, and Lee
County reserves the right to determine the record-keeping method required in the event of nonconformity. These records shall be maintained for two years after completion of the project and
shall be readily available to County personnel with reasonable notice, and to other persons in
accordance with the Florida Public Disclosure Statutes.
7
PROPOSAL NO.: P-120571
14.
DRUG FREE WORKPLACE
Whenever two or more proposals, which are equal with respect to price, quality and service, are
received for the procurement of commodities or contractual services, a proposal received from a
business that certifies that it has implemented a drug-free workplace program shall be given
preference in the award process. In order to have a drug-free workplace program, a business shall
comply with the requirements of Florida Statutes 287.087.
15.
REQUIRED SUBMITTALS
Any submittals requested should be returned with the proposal response. This information may
be accepted after opening, but no later than 10 calendar days after request.
16.
TERMINATION
Any agreement as a result of this proposal may be terminated by either party giving six months
advance written notice. The County reserves the right to accept or not accept a termination notice
submitted by the Proposer, and no such termination notice submitted by the Proposer shall
become effective unless and until the Proposer is notified in writing by the County of its
acceptance.
The Procurement Management Director may immediately terminate any agreement as a result of
this proposal for emergency purposes, as defined by the Lee County Purchasing and Payment
Procedure Manual.
Any Proposer who has voluntarily withdrawn from a formal proposal without the County’s
mutual consent during the contract period shall be barred from further County procurement for a
period of 180 days. The Proposer may apply to the Lee County Board of County Commissioners
for waiver of this debarment. Such application for waiver of debarment must be coordinated with
and processed by Procurement Management.
17.
CONFIDENTIALITY
Proposers should be aware that all submittals (including financial statements) provided with a
proposal are subject to public disclosure and will not be afforded confidentiality.
18.
ANTI-LOBBYING CLAUSE
All individuals or firms are hereby placed on formal notice that neither the County
Commissioners nor candidates for County Commission, nor any employees from the Lee County
Government, Lee County staff members, nor any members of the Qualification/Evaluation
Review Committee are to be lobbied, either individually or collectively, concerning this project.
Individuals or firms and their agents who intend to submit qualifications, or have submitted
qualifications, for this project are hereby placed on formal notice that they are not to contact
County personnel for such purposes as holding meetings of introduction, meals, or meetings
relating to the selection process outside of those specifically scheduled by the County for
negotiations. Any such lobbying activities may cause immediate disqualification for this project.
8
PROPOSAL NO.: P-120571
19.
INSURANCE (AS APPLICABLE)
Insurance shall be provided per the attached insurance guide. Upon request, an insurance
certificate complying with the attached guide may be required prior to award.
9
PROPOSAL NO.: P-120571
LEE COUNTY, FLORIDA
PROPOSAL PRICE FORM
FOR A CAFÉ OPERATOR FOR A NEW PUBLIC LIBRARY IN DOWNTOWN FORT MYERS
DATE SUBMITTED: _________________________________
PROPOSER NAME:
TO:
The Board of County Commissioners
Lee County
Fort Myers, Florida
Having carefully examined the ―General Conditions‖, and the ―Detailed Specifications‖, all of which are
contained herein, the Undersigned proposes to furnish the following which meet these specifications:
NOTE REQUIREMENT: IT IS THE SOLE RESPONSIBILITY OF THE PROPOSER TO
CHECK LEE COUNTY PROCUREMENT MANAGEMENT WEB SITE FOR ANY PROJECT
ADDENDA ISSUED FOR THIS PROJECT. THE COUNTY WILL POST ADDENDA TO THIS
WEB PAGE, BUT WILL NOT NOTIFY.
The undersigned acknowledges
Receipt of Addenda numbers: ______________________________________________________
TO BE STARTED WITHIN ______________ CALENDAR DAYS AFTER RECEIPT OF AWARD.
Proposers should carefully read all the terms and conditions of the specifications. Any representation of
deviation or modification to the proposal may be grounds to reject the proposal.
Are there any modifications to the proposal or specifications?
Yes ____________
No _________________
Failure to clearly identify any modifications in the space below or on a separate page may be grounds for
the proposer being declared nonresponsive or to have the award of the proposal rescinded by the County.
MODIFICATIONS:
Proposer shall submit his/her proposal on the County’s Proposal Price Form, including the firm name and
authorized signature. Any blank spaces on the Proposal Price Form, qualifying notes or exceptions,
counter offers, lack of required submittals, or signatures, on Lee County’s Form may result in the
Proposer/Proposal being declared non-responsive by the County.
10
PROPOSAL NO.: P-120571
ANTI- COLLUSION STATEMENT
THE BELOW SIGNED PROPOSER HAS NOT DIVULGED TO, DISCUSSED OR COMPARED
HIS PROPOSAL WITH OTHER PROPOSERS AND HAS NOT COLLUDED WITH ANY
OTHER PROPOSER OR PARTIES TO A PROPOSAL WHATSOEVER. NOTE: NO
PREMIUMS, REBATES OR GRATUITIES TO ANY EMPLOYEE OR AGENT ARE
PERMITTED EITHER WITH, PRIOR TO, OR AFTER ANY DELIVERY OF MATERIALS.
ANY SUCH VIOLATION WILL RESULT IN THE CANCELLATION AND/OR RETURN OF
MATERIAL (AS APPLICABLE).
FIRM NAME _______________________________________
BY (Printed): _______________________________________
BY (Signature): ______________________________________
TITLE: _____________________________________________
FEDERAL ID # OR S.S.#______________________________
ADDRESS: __________________________________________
____________________________________________________
PHONE NO.: _________________________________________
FAX NO.: ____________________________________________
CELLULAR PHONE/PAGER NO.: _____________________________________________
DUNS#: _____________________________________________
LEE COUNTY LOCAL BUSINESS TAX ACCOUNT NUMBER: ____________________________
E-MAIL ADDRESS:
DISADVANTAGED BUSINESS ENTERPRISE (DBE):
11
Yes
No
PROPOSAL NO.: P-120571
LEE COUNTY, FLORIDA
DETAILED SPECIFICATIONS
FOR A CAFÉ OPERATOR FOR A NEW PUBLIC LIBRARY IN DOWNTOWN FORT MYERS
SCOPE
The Lee County Board of County Commissioners requests proposals from experienced and qualified
Proposers to provide, install, operate, and maintain a food service Café operation located within the
Fort Myers Regional Library Complex currently under construction in the heart of the Downtown River
District located at 2450 First Street, Fort Myers, FL 33901. In addition, the awarded Proposer may be
provided with the following additional service opportunities at the downtown complex:
(a) Cater outdoor plaza events;
(b) Cater indoor community meeting room events;
(c) Provide and operate an outdoor plaza kiosk(s) for such food items as cold beverages, snacks, ice
cream, etc.; and
(d) Provide an ATM machine within the Café space.
With construction anticipated to be completed in August 2013, this exciting new library complex is
designed to complement the recently completed brick streetscape in the River District and serve as a
landmark for the area. The 37,400 sq. ft. library interior space will serve all age populations, and the
entire complex will provide up to nine meeting room configurations totaling 2,073 gross sq. ft. with a 200
seating capacity for community and library usage. The complex will additionally offer two large outdoor
event plaza areas totaling over 48,000 square feet. The north and south event plazas will provide a
variety of outdoor seating, performance and exhibit spaces that will take advantage of the Southwest
Florida weather and provide additional educational, cultural and recreational enrichment opportunities.
The facility is expected to draw as a minimum over 400,000 people per year, attract new businesses, and
be a community destination. See Exhibits 1, 2, and 3 which depict the Downtown Library Complex site.
Located within the library building under construction, the 489 sq. ft. (per Building Owners & Managers
Association {BOMA} 2010 Standards) of leasable café space, with wireless access, will front First Street
and feature four (4) sets of double doors that open onto the north event plaza. Downtown trolley service
will drop off and pick up on First Street within 25 to 30 feet of the Café’s front door. The space is in
close proximity to the main library plaza entrance and shares a vestibule entrance for the First Street
library entrance. See Exhibits 4 and 5 which depict the Café space.
COUNTY DBE GOAL
The DBE goal for this project is 10%. Proposer is required to provide information with respect to how
this goal will be met; or, in the alternative, why meeting this goal is not possible. As meeting this goal is
a concern for the County, the Proposer’s response to this criterion will be considered and weighed in
determining the responsiveness of the proposal/bid during the process of awarding this project.
COUNTY INTERPRETATION/ADDENDA
All proposals must be made on the basis of the specification contained herein.
No interpretation or clarification of the meaning of the proposal documents will be binding if made to any
Proposer orally. Every such request must be in writing, addressed to Robert Franceschini, Lee County
Procurement Director, and received no later than Tuesday, January 15, 2013 at 1:00 pm.
12
PROPOSAL NO.: P-120571
TERM OF PROPOSAL
This proposal shall be in effect for ten (10) years, or until new proposals are taken and awarded. This
proposal has the option of being renewed for one (1) additional five (5) year period, upon mutual
agreement of both parties, under the same terms and conditions.
Prior to exercising an option to renew, the County reserves the right to review financial records of the
Proposer, including statements of revenue and operating and expenses for the Café. The County may, if
warranted, require the Proposer to enter into good faith negotiations regarding an increase in the rental fee
prior to renewing the contract.
GENERAL INFORMATION
Proposer will provide a limited food service enterprise ready for operation no later than September 30,
2013.
The operation should be open to the public during hours of library operation. Current library hours of
operation: Monday through Wednesday, 9:00 a.m. to 8:00 p.m.; Thursday from 9:00 a.m. to 6:00 p.m.;
and Friday and Saturday from 9:00 a.m. to 5:00 p.m. Exceptions will be Lee County government
observed holidays. Food service hours should be revised accordingly if library hours of operation change
unless negotiated otherwise at that time. Proposer hours of operation beyond library hours of operation
may be considered. Any change in Proposer hours of operation shall be approved by the Library
Director.
If interested, the Proposer may provide catering on library north and/or south plazas for events during or
outside of library hours of operation at the discretion of the event sponsor and Library Director.
However, the County cannot promise these opportunities will be available to the Proposer. Catering
activities must not interfere with library operations. Proposer needs to indicate if interested and provide
proposed menu for catering.
If interested, the Proposer may provide catering for various meetings held in the complex’s South
Building (adjoining the south plaza) either during or after library hours of operation; however, the County
cannot promise these opportunities will be available to the Proposer. Proposer needs to indicate if
interested and provide proposed menu for catering.
If interested, Proposer may provide outside food kiosk(s) on complex north and/or south plazas after
obtaining the proper City permits and/or licenses. Proposer needs to indicate if interested and provide a
proposed menu.
At no time may alcoholic beverages be sold or served on the premises.
Beverages must have lids--open containers are not allowed in the Library, but covered beverages are
permitted. Food is not allowed in the library.
Subleasing of the premises or assignment of the contract to another contractor or vendor is not
permissible.
The County makes no representations or warranties as to the potential customer base.
13
PROPOSAL NO.: P-120571
PROPOSER REQUIREMENTS
As soon as possible after award of contract, the awarded Proposer, who is responsible for the café build
out, is required to meet with the County’s library construction contractor to coordinate certain aspects of
the work to be done.
The awarded Proposer shall be appropriately licensed, shall obtain all necessary permits, and shall pay all
required fees to any governmental agency having jurisdiction over the work. In view of the fact the
project location is within City limits, the Proposer will need to adhere to both City and any County
regulations, if applicable. Inspections required by local ordinances during the course of the work shall be
arranged by the Proposer, as required. Satisfactory evidence to show that all work has been finalized in
accordance with the ordinances and code requirements shall be furnished to Lee County upon completion.
The awarded Proposer shall be capable of furnishing, upon request, all state and local licenses required
for the specified work to be performed.
WHAT THE COUNTY WILL PROVIDE
The downtown Library Complex’s expected construction completion date is August 26, 2013.
It is anticipated (as a very minimum) over 400,000 patrons will visit the library annually. The current
annual patronage at the existing 20,000 sq. ft. downtown library (which will be replaced by the library
complex under construction) has ranged from approximately 300,000 to 365,000 over the last three years.
The existing facility is roughly half the size of the complex under construction and does not offer a café,
outside plazas, outside decking or large conference rooms.
A total of 489 sq ft (BOMA 2010 Standards) is allocated as café leasable space to house food prep area,
storage, seating, and a restroom.
Café space will include one entrance doorway through a shared vestibule to the library and four sets of
glass double doors which open up to the north plaza.
The space for the cafe will be in ―white box‖ condition and will include the following:
Electrical: 480/277 three phase and 120/208 three phase volt lines.
Plumbing: Water and sewer is stubbed into the space; the restroom is stubbed out; and the floor is left out
to allow the Proposer to place fixtures where needed.
Air Conditioning
Lighting: Temporary ―code minimum‖ simple industrial strip fixtures will be installed to provide
sufficient lighting for contractor construction work.
Outside plaza seating: The portion of the north plaza allocated for exterior dining is approximately 600
sq. ft. and will include six (6) 3ft- in-diameter tables and a total of 24 dining chairs.
Additional public restrooms are situated within the library for use during library operating hours.
Electricity, water and sewer, and trash removal costs will be prorated based on usage/square footage and
added as part of tenant’s monthly base lease amount.
14
PROPOSAL NO.: P-120571
No separate janitorial closet is provided for the café.
No reserved parking other than handicapped is provided anywhere at the library complex site.
The County, at its discretion, may provide custodial service for cleaning and sanitizing the exterior public
eating area and remove trash once per day in the evening.
No equipment will be provided in the café space.
Public copiers, printers, and computers may be used in accordance with patron use policies. Library
office staff equipment may not be used.
A library wireless network—which is not encrypted and may not be available due to a variety of potential
causes—may be utilized at the Proposer’s risk.
No library access will be provided to the Proposer for non-library operating hours.
NOTE: The County, at its discretion, may provide partial funding for the build out of the café space in an
amount ranging from $20,000 to $65,000 beyond the ―white box‖ condition. Any such amount will be
negotiated with the awarded Proposer and will require an equal or greater contribution from the awarded
Proposer.
WHAT THE AWARDED PROPOSER WILL BE REQUIRED TO PROVIDE
Interior seating and tables: The awarded Proposer will be responsible for providing and installing its own
interior furniture for use by dining patrons - including tables, chairs, booths, etc. within the leased space.
The number of tables, chairs, booths, etc. shall be appropriate to the size of the space and not violate any
codes or occupancy restrictions. The normal formula for seating capacity is 15 sq. ft. per person.
However, the final total seating capacity will depend on variables such as whether tables and/or booths
are used; the size of the tables and chairs, etc. Therefore, the awarded Proposer will be responsible for
submitting plans for seating to the City; and the City will advise the seating capacity at the time of
application for licenses and permits.
Sinks
All fixtures, lighting and equipment: including, but not limited to, counters, storage cabinets, cooking
equipment, phone (and phone service), and cash register. The County must pre-approve the design of all
equipment, fixtures, and lighting. All fixtures and equipment must be in new or like-new condition.
Appliances
Food Items
Consumable supplies: such as food containers, utensils, paper products, etc. Environmentally suitable
―sustainable‖ supplies are encouraged but not required until (or if) the County adopts such a policy.
Internet service provider: if Proposer plans to process payments for orders over the internet.
Pest Control Service
Fire Extinguisher Service (unless the County, at its option, provides this service)
15
PROPOSAL NO.: P-120571
Phone Service
Cable Service
Suitable secured storage of food and supplies--- which ensure a neat appearance at all times and deter
potential pests. Boxes, cartons, barrels or other similar items may not be stored in view of the public.
NOTE: The County will not be responsible for the replacement of any product that may be ruined
as the result of a power outage, theft, and/or vandalism.
Signage—Proposer shall obtain prior, written permission of sign design and placement from the Library
Director before hanging any signs or other objects on interior or exterior library walls, windows or
horizontal surfaces which meet any applicable County and City codes. For purposes of this RFP,
permissible external signage may possibly include placement on the glass windows/door but not on the
building itself and possibly a paddle sign that hangs from the overhang. The use of blackboard sidewalk
easels is also permissible. Proposer will be responsible for obtaining a permit from the City of Fort
Myers.
All connections to power and water as well as cafe build-out construction costs-- all plumbing and
electrical work must be performed by licensed professionals and only with prior approval of the library.
Proper licensing obtained--and adherence to other requirements from regulatory agencies relating to food.
A café interior design--which complements the library building. See Exhibit 6 for the interior color
palette of the library building. Added decorations, curtains, menu boards and signage must be
preapproved by the Library Director.
Note: The installation and maintenance of all equipment, etc. will be the responsibility of the awarded
Proposer. Proposer will retain ownership of the equipment purchased by the Proposer and be responsible
for its removal (as well as other fixtures or appurtenances purchased by the Proposer) either at the end of
the lease or at any time at the request of the Library and must satisfactorily restore the building structure
if necessary. The County will retain ownership of any purchases made with County funds for build out of
the café space up to $65,000 (at the County’s discretion per the section above entitled, ―What the County
Will Provide‖.)
Any modification to the space requires advance approval by the Library Director.
OTHER PROPOSER OPERATIONAL OBLIGATIONS
NOTE: The awarded Proposer WILL NOT be required to provide catering services, set up a kiosk
on the plaza, or furnish an ATM machine. These are simply options for the Proposer to consider
and implement.
Provide for security, maintenance and repair of Proposer’s property.
Provide adequate personnel on premises to clear and keep clean tables in an expeditious manner;
maintaining clean and sanitary conditions in the interior dining area at all times. The awarded Proposer
shall also have adequate personnel to clear and keep clean the designated exterior dining tables and chairs
close to the Café at all times.
16
PROPOSAL NO.: P-120571
NOTE: The Library reserves the right to inspect the leased space at any time and close down the
Proposer’s operation if sanitation or operational problems are found.
Obtain pre-approval of the Library Director for any publicity concerning this project (e.g., press release,
brochure, photos, or verbal announcements.)
Be responsible for promotion of the business. The library may, at the Library Director’s discretion,
inform patrons that service is available through its web pages and printed publications.
Ensure brochures, menu board, advertising, and all print material are approved by Library management
prior to use.
Advise the Library Director 24 hours in advance if after-hour repairs are needed and a third party is
required to maintain or repair Proposer’s cafe components.
Abide by all library and applicable county policies in addition to federal, state, and other local laws.
Ensure deliveries are made at reasonable times which do not disrupt library operations. Deliveries must
be made to the café entrances only. Library staff will not receive deliveries.
RECORDS AND STATEMENTS
Provide to the Library Fiscal Manager a monthly statement which states gross revenue derived from the
operation.
Permit the Proposer’s books and records of receipts and disbursements to be inspected by the Lee County
Clerk of Courts.
Submit annually the Proposer’s federal business income tax filing no later than May 1st each year to the
Library Fiscal Manager.
MAINTENANCE
Provide a schedule of routine cleaning and trash removal on a daily, weekly, and monthly basis. Window
glass must be kept clean, including door glass. Trash may be disposed of at library’s dumpster located at
the southeast corner of the Library building. Failure to maintain a neat and clean appearance will be a
major consideration which could lead to early termination of the contract.
PERSONNEL
Employ a sufficient number of competent employees demonstrating a neat and clean appearance and
properly attired. Employees are expected to provide friendly, courteous and a high standard of customer
service.
Ensure a qualified on-site manager is on duty during all peak operating periods of the Café.
Ensure employees are identified by a uniform and name tag and shall maintain appropriate personal
hygiene and appearance. Staffing shall be sufficient to service demand.
In the event the awarded Proposer employs any person who, by his or her acts, engages in a course of
conduct detrimental to the best interest of the County; or their actions tend to reflect negatively on the
17
PROPOSAL NO.: P-120571
rendering of services to the general public; the awarded Proposer shall remove that employee from the
property until proper control is restored to the situation.
The Library reserves the right to do background checks on any employee and will seek from the Proposer
identification information to conduct the check.
RECEIPTS
The awarded Proposer should have a process to offer receipts and refunds if necessary.
INSPECTIONS
It is expected that the awarded Proposer will maintain a certain level of service congruent to County
standards and expectations. All equipment, merchandise displays, and other items are to be kept in good
repair at all times. Lee County reserves the right to inspect the kitchen equipment and cleanliness of the
area on a regular basis.
PUBLIC COMPLAINT PROCESS
The awarded Proposer shall be open and responsive to suggestions identified by Library management for
improvements.
ASSIGNMENT OF LEASE AGREEMENT
The awarded Proposer shall not assign, transfer or sub-contract any portion of the Lease Agreement.
PAYMENT METHODS
The awarded Proposer shall accept cash, credit cards, and debit cards as payment for food and beverages.
Checks may or may not be accepted at the awarded Proposer’s discretion.
BACKGROUND CHECKS
The awarded Proposer will be required to perform background checks on all employees that will be
working on this contract in the County’s facilities. This includes the personnel the awarded Proposer may
hire to perform ancillary services such as janitorial, etc. The results of the background checks will be
provided to the Library Facilities Coordinator within thirty (30) days of award of the contract.
Background checks on any new employees hired during the term of the contract must be performed
immediately and provided to the Library Facilities Coordinator before the employee will be allowed to
work in the County’s facility.
Based on these background checks, the County reserves the right to ask the awarded Proposer to remove
an employee from working in the County’s facility.
If the awarded Proposer does not comply at all times with the security check procedure, it may be grounds
for termination of the Lease Agreement.
Any charges incurred for these background checks are the sole responsibility of the Proposer.
18
PROPOSAL NO.: P-120571
Appropriate keys will be issued to the awarded Proposer, and a fee will be charged to the awarded
Proposer for the loss of any keys/or the cost of changing of locks as the result of any loss of keys. The
sole decision, regarding changing the locks, rests with the Library Facilities Coordinator.
The awarded Proposer will be responsible for his employees, and those of the Proposers he may hire, for
acting in accordance with security guidelines when entering, exiting, and cleaning, etc.
MENU
Lee County desires that the awarded Proposer offer quality food and beverages at ―reasonable‖ prices.
Currently in the downtown Fort Myers market, typical price ranges are as follows: breakfast entrees $3.00 to $7.00; lunch entrees - $5.00 to $10.00 (these prices do not include a beverage). If a dinner menu
is contemplated, the current downtown market ranges from approximately $10.00 to $20.00. Individual
items such as a single bagel, candy bar, can of soda, etc. are not included in these price ranges.
Prices for menu – and individual – items must be included in proposal responses.
Menu item prices may be increased annually on the anniversary date of the lease – must be pre-approved
by the Library Director.
NOTE: All menu items – including entrees – shall be available on a ―to go‖ basis at no additional cost.
Menu offerings should be suitable for young children, teenagers and adult patrons as well as downtown
office workers, the business community, downtown residents and vacationers to the area.
County reserves the right to review the menu to ensure reasonableness of choices and pricing.
Changes to the menu must receive prior permission from the Library Director.
A 480 volt line will be provided to accommodate a convection oven. Frying MAY be permitted ONLY if
the fryer is a specialty self-contained unit that requires no suppression system or hood and odors are not
strong enough to permeate into the adjoining library, subject to City approval. No underground grease
trap will be allowed. Depending on the menu, if needed, an under counter self-contained grease trap may
be approved; all is subject to approval of the appropriate agencies. If a self-contained grease trap is
installed, routine cleaning of the trap will be mandatory to ensure no lingering odors. Microwave cooking
is also permissible.
FOOD ITEMS & QUALITY
Menu items offered for sale shall be of superior quality (see below) as determined by the County. In the
event the quality of items is considered to be below standards, the County may, at its sole option, require
the awarded Proposer to modify the item. In the event the awarded Proposer fails to meet these standards,
the County may deem the awarded Proposer in material default of the Lease.
The food used to prepare menu items served under this proposal must come from the upper two-thirds of
the line of a broad line food purveyor who is appropriately licensed. Suggested broad line food purveyors
acceptable as sources of food under this proposal are: Sysco, Gordon Food, U.S. Foods, and PFG.
Ancillary items not available from the above listed sources may be purchased from the upper two-thirds
of the line of the following suggested sources: Stan’s Coffee Service, Maverick Seafood, and B&W
Foods. Wholesale clubs may be used as a source for food for the menu items in an emergency. As part of
19
PROPOSAL NO.: P-120571
your proposal response, list all of the food suppliers you will use to service the facility covered under this
proposal.
ONLY pre-packaged food may be brought into the cafeteria from off premises for sale. ALL raw food
shall be prepared and cooked on premises only.
NOTE: Under no circumstances shall alcoholic beverages of any type be offered for sale at any time.
TERMINATION
Either party may terminate the lease agreement with a six month written notice to the other party.
Failure to be open during Library hours could be grounds for early lease termination.
EVALUATION PROCESS AND CRITERIA
Proposals will be evaluated on the basis of the response to all requirements in this RFP. The County shall
use the following criteria in its evaluations and comparisons of Proposer. No inference is to be drawn
concerning relative importance of criteria based on the order presented.
Contract award shall be made to the responsible Proposer whose proposal is most advantageous to the
County, taking into consideration the applicable evaluation criteria set forth below. Please note, however,
that the listing of a rental fee as an evaluation criterion does not require the County to select the Proposer
with the highest rental fee proposal.
Following the initial evaluation process, each Proposer will be required to make a presentation to the
Selection Committee. Proposers may be requested to complete an additional questionnaire regarding
more specific processes and capabilities as well as provide additional pricing information. In addition,
Proposers may be required to provide an on-site interview and/or system demonstration as it relates to
requested and/or proposed services.
Proposals deemed to meet all minimum RFP requirements will be scored based on established criteria
which have been weighted and will be assigned points that measure the responsiveness to each identified
criterion. The total number of points earned will be tallied for each proposal, and the proposals will be
rank ordered, based upon each Proposer’s submitted written materials and presentation.
The following criteria are listed in random order, not in order of importance.
The evaluation of this proposal is points-based. Each of the following criteria is assigned a number of
points which is the maximum that can be obtained for that criterion. The Proposer obtaining the highest
point total will be awarded the proposal.
The items listed below should be submitted with each proposal and should be submitted in the order
shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a
Proposer to include all listed items may result in rejection of its proposal.
Responses will be evaluated on the basis of responsiveness to the questions and requirements in this RFP
by an evaluation panel using the following criteria:
Criteria #1 - Letter of Interest and Prior Experience:
For Letter of Interest:
20
PROPOSAL NO.: P-120571
Submit a letter of interest which contains an overview of key areas of the proposal and an explanation as
to why the Proposer should be selected. The letter should indicate the underlying restaurant/food service
background, expertise, qualifications, and philosophy in providing the services required in this RFP. The
Proposer must have a minimum of five (5) years experience relating to a food service facility, as a
minimum, in scope, size and complexity to that detailed under this RFP proof of which should be
included under Criteria 1. Please include the name and telephone number of a contact person concerning
the proposal.
For Prior Experience:
Provide qualifications and descriptions relevant to similar operations. Include dates, descriptions, and
annual gross revenues for similar businesses that the Proposer may have managed or operated or been
under the employ in the past five (5) years.
Maximum Number of Points Available: 8
Criteria #2 – Operational Plan, Business Plan, and Conceptual Layout:
For Operational Plan:
Provide as a minimum a proposed menu with pricing and planned hours of operation. Indicate if plan to
provide catering services or manage an outdoor kiosk(s) and explain how to ensure such operations will
not disrupt library operations. Include names of providers of food products. Describe proposed uniform
standard or dress codes for employees. Describe customer service standards and complaint handling
procedures. List all credit and debit cards to be accepted. Explain the type of services to be provided, the
methods and equipment to be used, and innovative ideas/approaches. Explain standards used to ensure a
quality-run operation and freshness standards. Discuss your plan for the use of Disadvantaged Business
Enterprises (DBE’s) in the operation of this facility and how it will tie into achieving the stated goal of
10% for this project. Submit photos of proposed dishes and utensils. Note: The County reserves the
right to ask for samples upon request.
For Business Plan:
Describe how the enterprise will be operated. Provide a capital investment statement (facility equipment
improvements) explaining how the equipment will increase gross receipts and improve quality of product.
Provide planned hours of operation. Provide a proposed schedule that depicts the implementation
schedule for opening upon award of contract. Explain what capital improvements, if any, are planned
for year 2, year, 3, and year 4 or future years.
For Conceptual Layout:
Provide a proposed layout which demonstrates an attractive, high quality facility which efficiently utilizes
the premises and complements the library. Provide a preliminary design including list of proposed
equipment and signage. The design concept may be accompanied by pictures, layouts, etc. Provide a
construction phasing plan that will reflect key events, dates and number of days necessary to accomplish
each phase for the space, including obtaining certificate of occupancy.
Maximum Number of Points Available: 29
Criteria #3 - Financial Background and References:
For Financial Background:
Describe how the anticipated start-up costs for the food service operation will be financed. Indicate what
fraction of the proposed start up costs will be funded from owners’ equity and what fraction will be
funded from debt financing. One page maximum. Other financial info may be required as determined
during the evaluation process by the County.
21
PROPOSAL NO.: P-120571
For References:
Provide a minimum of three business references from individuals in a position to observe the Proposer in
related work (describe professional relationship). These references must be able to attest to the
Proposer’s capacity to operate the requested services. Information provided should include the name,
address, and telephone number of the contact person; description of services provided; and the time
period of the contract.
Maximum Number of Points Available: 29
Criteria #4 - Proposed Rental Fee:
Identify expected base monthly rental fee. Please note that beyond this base rental fee, an amount for
electric service, water/sewer service, and trash removal will be prorated and added to the base rental fee
each month. The estimated monthly cost to the café operator for these services is $325. *NOTE: THE
BASE MONTHLY RENTAL FEE (PLUS TAX) IS SUBJECT TO INCREASES OVER THE TERM OF THIS
CONTRACT PER THE TERMS AND CONDITIONS STATED IN THE LEASE AGREEMENT.
Maximum Number of Points Available: 29
Criteria #5 – Presentation:
Present the proposal which summarizes all aspects of the proposed cafe.
Maximum Number of Points Available: 5
NOTE: The County reserves the right to make site visits to existing operations, if applicable, or request
oral, written or visual presentations as part of the evaluation process.
NOTE: Lee County reserves the right to reject any and all offers.
DESIGNATED CONTACT
The awarded Proposer shall appoint a person or persons to act as a primary contact for the Library
Facilities Coordinator. This person or back-up shall be readily available during normal work hours by
phone or in person, and shall be knowledgeable of the terms and procedures involved.
EMERGENCY CONTACT
A representative of the awarded Proposer shall be available by telephone 24 hours a day, 7 days a week
for emergencies during the entire term, and any renewals, of this Lease. Information on how to contact
the representative shall be provided to the Library Facilities Coordinator after award.
AFFIDAVIT CERTIFICATION IMMIGRATION LAWS
The attached document, Affidavit Certification Immigration Laws, is required and should be submitted
with your solicitation package. It must be signed and notarized. Failure to include this affidavit with
your response will delay the consideration and review of your submission and could result in your
response being disqualified.
AGREEMENTS/CONTRACTS
The awarded Proposer will be required to execute an Agreement/Contract as a condition of award.
22
PROPOSAL NO.: P-120571
ATTACHMENT A – SUGGESTED CAFE MENU ITEMS
Following are some suggestions for inclusion on the cafe menu at the Proposer’s option. Alternate menu
items may be selected for the proposed menu. The Proposer’s anticipated list, along with portion sizes and
prices, should be included with the Operational Plan under Criteria 2.
Breakfast
Bagels/Toast/Muffins
Sausage/Bacon/Ham
Breakfast Sandwich
Eggs
Hash Brown Potatoes
French Toast
Donuts & Pastries
Pancakes
Cold Cereal Boxes
Beverages
Bottled Water
Can/Bottle Soda – Diet & Regular – Both the full Coca-Cola & Pepsi-Cola product lines must be offered.
Milk
Juice
Coffee
Iced Tea
Fountain Soda
Fruit Smoothies
Cappuccino
Hot Chocolate
Hot Tea
Lunch
Snacks
Soup/Salad Bar
Salad
Deli Sandwich
Hot Meal (entrée & 2 sides)
Soup
Wraps
Pressed Sandwich
French Fries (if micro-waved or baked)
Hamburgers
Hot Dogs
Pre-Packaged Sandwich
Sliced Pizza
Chips
Cookies
Candy Bars
Crackers
Gum
Granola Bars
Yogurt
Fresh Fruit (seasonal)
23
PROPOSAL NO.: P-120571
ATTACHMENT B – FOOD SUPPLIERS
In the space provided below, please list all of the food suppliers planned to be used to service the
facility covered under this proposal.
24
PROPOSAL NO.: P-120571
ATTACHMENT C – SAMPLE COUNTY LEASE AGREEMENT
SUBJECT TO REVISION OF TERMS AND CONDITIONS APPLICABLE FOR A
CAFÉ OPERATION
LEE COUNTY BOARD OF COUNTY COMMISSIONERS
P.O. BOX 398
FT. MYERS, FL 33902-0398
THIS LEASE AGREEMENT, entered into this
, day of
2013, between
, hereinafter called
Lessee, and Lee County, acting by and through the Board
County Commissioners for Lee County, a political subdivision
Charter County of the State of Florida, hereinafter called
Lessor.
,
the
of
and
the
WITNESSETH:
That the Lessor, for and in consideration of the covenants and
agreements hereinafter mentioned to be kept and performed by the
Lessee, has demised and leased to the Lessee, for the term and
under the conditions hereinafter set out, those certain premises
in LEE COUNTY, FLORIDA, described as follows:
NAME OF PROJECT
Ft. Myers, Florida 33901
that shall constitute an aggregate area of ___ square feet of
net rentable space at per square foot per year, plus applicable
sales tax.
I.
TERM
TO HAVE AND TO HOLD the above described premises for a term
commencing on the
day of
,
to and including the
day of
.
II.
RENT
The Lessor hereby leases to the Lessee and the Lessee hereby
leases from the Lessor the above described premises for the term
set out in this lease and the Lessee agrees to pay the Lessor
the sum of _______________per month, plus applicable sales tax,
for the first year of the rental period described in Article 1
of this lease. Rental payments are to be made on the 1st of each
month. Payments for any fractional part of the month shall be
25
PROPOSAL NO.: P-120571
prorated.
Beginning the second year of the initial term, and
annually thereafter, the base rental cost will increase by __%.
The rental schedule is attached to this Lease as Attachment A.
The annual increase will extend through any renewal periods as
described in Article XXIII of this Lease.
The rent shall be
paid to the Lessor at: Lee County Board of County Commissioners,
1500 Monroe Street, Attention: Fiscal Department, 4th Floor, Ft.
Myers, Florida 33901.
III. SECURITY DEPOSIT
The Lessee shall pay to Lessor a security deposit of ______,
which is an amount equal to _________________. The security
deposit will be held in a non-interest bearing account until the
end of this Lease, and will be refundable to Lessee at that
time, providing that there are no deficiencies or defaults
pending
regarding
Lessee’s
negligence
of
the
terms
and
conditions of this Lease.
IV.
LATE FEE
All payments shall be made in a timely manner or may be subject
to a late penalty in the amount of 1% of the monthly fee due for
each day the payment is late. If payment and penalties are not
received with in fifteen (15) days of the payment due date, then
Lessor may cancel this Lease and will take the appropriate
action to secure the late fees from the security deposit.
Lessor will serve Lessee with written notification that they
must vacate the premises within five (5) days of notification.
V.
HEATING, AIR CONDITIONING AND JANITORIAL SERVICES
1. The Lessor agrees to furnish to the Lessee heating and air
conditioning equipment, and _______________________during the
term of the lease at the sole expense of the Lessor.
2. The Lessee agrees to furnish janitorial services and all
necessary janitorial supplies for the leased premises during the
term of the lease.
Lessor will have the right to inspect the
cleanliness, per Attachment B, of the stated premises on a no
less than monthly basis.
VI.
LIGHT FIXTURES
The Lessor agrees to install in the stated premises minimal
lighting for the use of the Lessee.
26
PROPOSAL NO.: P-120571
The Lessor shall be responsible for replacement of all bulbs,
lamps, tubes and starters used in such fixtures for the purpose
of furnishing sufficient light to the Lessee.
Lessee will be
responsible for all bulbs associated with the kitchen equipment.
VII.
MAINTENANCE AND REPAIRS
The Lessee shall provide for the maintenance and repair of all
leasehold appurtenances for the café space as well as
maintaining the exterior dining grounds and shall immediately
report to the Library Facilities Coordinator any exterior
maintenance/repair-related issues relating to the building or
relating to the exterior dining furniture.
The Lessee shall, during the term of this Lease, keep the
interior of the stated premises in as good a state of repair it
is at the time of the commencement of this lease; reasonable
wear and tear and unavoidable casualties excepted.
VIII. UTILITIES
Unless otherwise indicated, the Lessor will bear the full cost
of water service, electric service, garbage pick-up, sewer
service, pest control services, and fire extinguisher service
used by the Lessee. Lessee shall bear the full cost of telephone
services and data/cable services, to the leased space, at its
own expense.
IX.
HANDICAPPED STANDARDS AND ALTERATIONS
1. The ____________ agrees that the stated premises must be in
conformance with the requirements of Sections 255.21 and
255.211, Florida Statutes and ADA requirements, as they may be
revised from time to time.
2. The Lessee shall have the right to make reasonable
alterations in and to the stated premises during the term of
this lease upon first having obtained the written consent from
the Lessor. The Lessor shall not unreasonably withhold consent
to any such alterations.
X.
INJURY OR DAMAGE TO PROPERTY ON PREMISES
Lessee’s property of any kind that may be placed on the premises
during the continuance of this Lease shall be at the sole risk
of the Lessee.
Except for the negligence of the Lessor, the
Lessor shall not be liable to the Lessee or any other person for
27
PROPOSAL NO.: P-120571
any injury, loss or damage to property or to any person on the
premises.
XI.
FIRE AND OTHER HAZARDS
1. In the event that the stated premises, or the major part
thereof, are destroyed by fire, lightning, storm or other
casualty, the Lessor at its option may forthwith repair the
damage to stated premises at its own cost and expense. As the
result, the rent shall cease until the completion of such
repairs, and the Lessor will immediately refund the pro rata
part of any rent paid in advance by the Lessee prior to such
destruction; should the premises be only partly destroyed so
that the major part thereof is usable by the Lessee, then the
rent shall abate to the extent that the injured or damaged part
bears to the whole of such premises and such injury or damage
shall be restored by the Lessor as rapidly as is practicable and
upon the completion of such repairs, the full rent shall
commence and the Lease shall then continue for the balance of
the term.
2. The Lessor shall provide for fire protection during the term
of this Lease in accordance with the fire safety standards of
the State Fire Marshall. The Lessor shall be responsible for
maintenance and repair of all fire protection equipment
necessary to conform to the requirements of the State Fire
Marshall. The Lessor agrees that the stated premises shall be
available for inspection by the State Fire Marshall, prior to
occupancy by the Lessee, and at any reasonable times thereafter.
XII.
EXPIRATION OF TERM
At the expiration of the Term, the Lessee will peaceably yield
up the stated premises in good and tenantable repair.
It is
understood and agreed between the parties that the Lessee may
remove from the premises, all personal property of the Lessee
and all fixtures, machinery, equipment, appurtenances and
appliances purchased by the Lessee and placed or installed on
the premises, provided the Lessee restores the premises to as
good a state of repair as they were prior to the removal.
XIII. SUBLETTING AND ASSIGNMENT
The Lessee, shall not have the right to sublet, or to assign,
any part of the primary food services operation to the stated
premises to another entity during the term of this lease or any
28
PROPOSAL NO.: P-120571
renewals thereafter. Lessee may subcontract for such services as
janitorial, grease trap cleaning, etc.
XIV.
WAIVER OF DEFAULTS
The waiver by the Lessor of any breach of this lease by the
Lessee shall not be construed as a waiver of any subsequent
breach of any duty or covenant imposed by this lease.
XV.
RIGHT OF LESSOR TO INSPECT
The Lessor, at reasonable times, may enter into and upon the
stated premises for the purpose of viewing the same and for the
purpose of making repairs as required under the terms of this
lease.
Lessor also may enter into stated premises for the
purpose of inspection for cleanliness and condition of equipment
owned by Lessor.
XVI.
BREACH OF COVENANT
These presents are made upon the condition that, except as
provided in this lease, if the Lessee shall neglect or fail to
perform or observe any covenant herein contained, which on the
Lessee's part is to be performed, and such default shall
continue for a period of thirty (30) days after written notice
thereof from the Lessor to the Lessee, then the Lessor lawfully
may, immediately, or at any time thereafter, without further
notice or demand, enter into and upon the stated premises, or
any part thereof, and repossess the same as of their former
estate and expel the Lessee and remove its effects forcefully,
if necessary, without being taken or deemed to be guilty of any
manner of trespass and thereupon this demise shall terminate but
without prejudice to any remedy which might otherwise be used by
the Lessor for arrears of rent or for any breach of the Lessee's
covenants herein contained.
XVII. INSURANCE
1. Lessor will pay fire insurance premiums on the stated
premises. Lessee shall not be liable to carry fire insurance on
the premises or property of the Lessor or any other personal
property of Lessor which may now or thereafter be placed on the
stated premises. The Lessor shall not be liable for damages or
theft to the personal property or fixtures belonging to the
Lessee which are located on the rental property.
29
PROPOSAL NO.: P-120571
2. The Lessee shall purchase and maintain Worker’s Compensation
of $100,000 per accident, $500,000 disease limit, and $100,000
disease limit per employee, Commercial General Liability
insurance in the amount of $500,000 bodily injury per person,
$1,000,000 Per Occurrence Bodily Injury and $500,000 Per
Occurrence Property Damage, or $1,000,000 Per Occurrence
Combined Single Limit of Bodily Injury and Property Damage.
Coverage shall include Contractual Liability as pertaining to
this contract with insurers approved by the County Risk Manager.
A copy of Lessee’s insurance certificate must be provided upon
execution of this Agreement to Lee County Facilities Management
at 1500 Monroe Street, 4th Floor, Ft. Myers, Florida 33901.
The Lessor agrees that these insurance requirements shall not
relieve or limit Lessor’s liability and that the Lessee does not
in any way represent that the insurance required is sufficient
or adequate to protect the Lessor’s interest or liabilities, but
are merely minimums. Lessee, however, is required to add “Lee
County BoCC” as an additional insured to Lessee’s insurance.
XVIII. INDEMNIFICATION
Lessee shall indemnify and hold County harmless from any and all
claims, liability, losses, and causes of action which may arise
out of the willful negligent, or unlawful acts or omissions of
Lessee in its operations under this Agreement and shall pay all
claims and losses of any nature whatsoever in connection with,
shall defend all suits, in the name of the County, when
applicable, including appellate proceedings, and shall pay all
costs, judgments, and attorneys fees, which may issue them;
provided however, that nothing herein shall be construed to
require Lessee to indemnify County against liability resulting
from the willful, negligent, or unlawful acts or omissions of
the County, nor be liable for loss or damage incurred or
occasioned by Lessee in the performance of operating under this
Agreement. This provision shall survive the termination of this
Agreement.
XIX. BUSINESS INTERRUPTION AND/OR LOSS OF INCOME
The Lessor shall not be liable to the Lessee for any loss of
income, additional expenses, and outstanding debts caused by any
and/or all perils.
XX. RULES, REGULATIONS, LAWS, ORDINANCES & LICENSES
30
PROPOSAL NO.: P-120571
The awarded Lessee shall observe and obey all laws, ordinances,
rules, and regulations, of the federal, state and local
government, which may be applicable to the supply of this
product or service.
The awarded Proposer has attested to
compliance with the applicable immigration laws of the United
States in the attached affidavit. Violations of the immigration
laws of the United States shall be grounds for unilateral
termination of the awarded agreement. (Affidavit is attached to
Request For Proposal requirements)
XXI.
USE OF PREMISES
The Lessee will not make or suffer any unlawful, improper or
offensive use of the premises or make any use or occupancy
thereof contrary to the laws of the State of Florida, or to
Ordinances of the City, as applicable and/or
County in which the stated premises are located, now or
hereinafter made, as may be applicable to the Lessee.
XII.
RENEWAL
The Lessee is hereby granted the option to renew this Lease for
one additional five year renewal upon the same terms and
conditions. If the Lessee desires to renew this lease under the
provisions of this Article, it shall give the Lessor written
notice thereof six (6) months prior to the expiration of the
term provided in Article I of this lease or any applicable
renewal period.
XXIII. RIGHT TO TERMINATE
The Lessor or Lessee shall have the right to terminate this
lease upon giving six (6) months advance written notice to the
other party by Certified Mail, Return Receipt Requested.
The
Lessor will not have any right to accelerate the lease payments
for the remainder of the lease duration.
XXIV. NOTICES AND INVOICES
All notices required to be served upon the Lessor shall be
served
by
Registered
or
Certified
Mail,
Return
Receipt
Requested, at, _____________Ft. Myers, FL 33901, Attention:
_________and all notices required to be served upon the Lessee
shall be served by Registered or Certified Mail, Return Receipt
Requested,
at
the
address
of
the
Lessee
at
________________________________.
31
PROPOSAL NO.: P-120571
XXV. CONTACTS
For purposes of this agreement, the County representative shall
be the Library Facilities Coordinator, 239-533-4822 and the
Lessee's representative shall be______________________________.
XXVI. DEFINITION OF TERMS
(a) The terms "Lease", "Lease Agreement", or "Agreement" shall
be inclusive of each other and shall also include any renewals,
extensions or modifications of this Lease.
(b) The terms "Lessor" and "Lessee" shall include the heirs,
successors and assigns for the parties hereto.
(c) The singular shall include the plural and the plural shall
include the singular whenever the context so requires or
permits.
XXVII. WRITTEN AGREEMENT
This lease contains the entire agreement between the parties
hereto and it may be modified only in writing, with the approval
of the Board of County Commissioners and the agreement to such
modification by the Lessee.
XXVIII. OWNERSHIP
Lessor covenants and warrants that they are the owner(s)of the
property that is the subject of this Lease, and as such are
lawfully seized and possessed of the said described real
property, have good and lawful right, power and sufficient
interest to convey a leasehold in same, and that the described
real property is free from any other leases or encumbrances that
would otherwise interfere with the direct relationship between
Lessor and Lessee herein.
XXIX. PARKING
Parking for Lessee, its agents
responsibility of the Lessee.
and
employees,
is
the
sole
XXX. GOVERNING LAW AND VENUE
This Lease Agreement shall be construed according to the laws of
the State of Florida. Venue for any administrative and/or legal
32
PROPOSAL NO.: P-120571
action arising under this Lease Agreement shall be in Lee
County, Florida.
IN WITNESS WHEREOF, the LESSOR and LESSEE have caused this Lease
Agreement to be executed by their respective and duly authorized
officers on the day and year first written above.
LESSEE
STATE OF FLORIDA
COUNTY OF LEE
The foregoing instrument was acknowledged before me this
day
of
, 20___ by
, who is
personally
known
to
me
or
who
has
produced
as identification and did/did not take an oath.
Notary
______________________
Printed Name of Notary
Commission Expires
ATTEST:
CLERK
_________________
BY: DEPUTY CLERK
CHAIR, LEE COUNTY
BOARD OF COUNTY COMMISSIONERS
APPROVED AS TO LEGAL FORM BY
COUNTY ATTORNEY’S OFFICE
33
PROPOSAL NO.: P-120571
ATTACHMENT A--TO LEASE DOCUMENT
BASE RENTAL SCHEDULE FOR THE CAFÉ AT THE LIBRARY
COMPLEX_LOCATED DOWNTOWN
AT 2450 FIRST STREET, FORT MYERS, FLORIDA 33901
Listed below is the base rental schedule for _______________________.This schedule reflects
the charges for the initial term of the lease and the renewal period. * Figures do not include
sales tax that is to be submitted with each monthly payment.
34
PROPOSAL NO.: P-120571
ATTACHMENT B – TO LEASE DOCUMENT
SPECIFICATIONS FOR JANITORIAL SERVICES
FOR THE CAFE IN THE LIBRARY COMPLEX LOCATED IN
DOWNTOWN FORT MYERS, FLORIDA
Janitorial Services for the Cafe located at the Fort Myers Regional Library complex is the
responsibility of the Proposer. Listed below are the minimum specifications for janitorial
services that will be expected by Lee County Government as part of the lease for this area.
Quality Assurance checks, based on these specifications, will be performed on a no less than
monthly basis, and more often should there be a specific problem that will require follow up
checks.
15.
16.
17.
18.
19.
DAILY TASKS
Empty and damp wipe all wastebaskets. Hose clean as necessary using a
determined area outside of the building.
Reline waste containers with new plastic bags after emptying trash.
Empty trash at specified dumpster locations. No trash is to remain in the trash
containers or in plastic bags outside the containers at close of business each day.
Dust all unobstructed work areas and dining areas as needed.
Clean and sanitize any drinking fountain, if applicable.
Keep custodial and supply cabinet/areas clean.
Wipe/clean all door glass.
Vacuum all floors mats and wash as needed.
Damp wipe all machines associated with the cafe and vending areas, if any. Use a
recommended stainless steel cleaner/conditioner as necessary to keep finish in good
condition.
Vacuum and damp mop all floors with cleaner/disinfectant.
Clean all sinks with detergent/disinfectant.
Clean and wash all food service trays and bins.
Clean all counters and work surface areas with detergent/disinfectant.
Wipe down all interior table and chairs with cleaner/disinfectant. Wipe down all the
County-owned exterior tables and chairs used by the Café as determined by the
Library Facilities Coordinator.
Damp wipe all walls as necessary.
Resupply paper products, and food service items to all dispensers/bins.
Wipe down all microwave ovens and stoves.
Clean any spills made by transporting trash, food, supplies etc.
Clean interior and exterior window glass and door glass.
1.
2.
3.
WEEKLY TASKS
High dust all areas.
Dust venetian blinds, if applicable.
Scrub tile floors and grout on a weekly basis.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
35
PROPOSAL NO.: P-120571
1.
2.
3.
4.
5.
1.
MONTHLY SERVICE
Vacuuming air conditioning grills and returns.
Dust fans, if applicable.
Scrub tile floors and grout.
Clean high interior and exterior window glass (may be required to be done more
often.)
Clean light fixtures and covers (interior).
QUARTERLY SERVICE
Vacuum and wash air conditioning grills and returns (use all purpose cleaner or
detergent). Do not remove grills, wash them in place.
SEMI – ANNUAL SERVICE
SPECIAL CLEANING TASK REQUIREMENTS
Clean up after catering events on plaza and in meeting rooms, if applicable—required tasks will
be determined and agreed upon if Proposer elects to provide this service.
Daily clean up of kiosk area, if applicable—required tasks will be determined and agreed upon if
Proposer elects to provide this service.
HEPA FILTER VACUUM CLEANERS
Under this lease, it will be required that the Proposer use only vacuum cleaners with the Hepa
filtration system. These vacuums must be approved for use by the Library Facilities
Coordinator. If, at any time during this lease, the vacuum cleaners need to be replaced, the
replacement must have a Hepa filtration system and be approved by the Library Facilities
Coordinator.
QUALITY ASSURANCE INSPECTIONS
Quality cleaning assurance inspections will be performed by Lee County on a no less than
monthly basis to ensure that the cafe is being cleaned to Lee County’s specification guidelines.
Any deficiencies will be noted and, depending on the issue, a reasonable amount of time will be
given to correct the problem. A re-inspection will be done to make sure that the deficiencies are
corrected. If the cleaning continues to be inferior and repeated requests are not satisfied, then
Lee County reserves the right to hire a vendor to do the cleaning and will bill the awarded
Proposer for those services.
36
PROPOSAL NO.: P-120571
SUPERVISION AND SAFETY
The cafe Proposer will be responsible for the supervision and direction of the janitorial work
performed. All equipment used by the Proposer must be maintained in safe operating condition
at all times, free from defects or wear which may in any way constitute a hazard to any person
or persons on County property. All electrical equipment must be properly grounded. All safety
guidelines must be followed while working on County property.
37
PROPOSAL NO.: P-120571
INSURANCE REQUIREMENTS
Your certificate of insurance must meet the following requirements:
Requirement #1:
The Lee County Board of County Commissioners shall be added as an additional insured on the
comprehensive general liability policy.
Requirement #2:
Certificate holder shall be listed as follows:
Lee County Board of County Commissioners
C/O Lee County Purchasing
P.O. Box 398
Fort Myers, FL 33902-0398
Requirement #3:
Each policy shall provide a 30-day notification clause in the event of cancellation, nonrenewal or adverse change.
1.
Minimum Insurance Requirements: Risk Management in no way
represents that the insurance required is sufficient or adequate to protect
the Proposer’s interest or liabilities, but are merely minimums.
a.
Workers' Compensation - Statutory benefits as defined by FS 440
encompassing all operations contemplated by this contract or
agreement to apply to all owners, officers, and employees
regardless of the number of employees. Individual employees may
be exempted per State Law. Employers’ liability will have minimum
limits of:
$100,000 per accident
$500,000 disease limit
$100,000 disease limit per employee
b.
Commercial General Liability - Coverage shall apply to premises
and/or operations, products and/or completed operations,
independent contractors, contractual liability exposures with
minimum limits of:
$500,000 bodily injury per person (BI)
$1,000,000 bodily injury per occurrence (BI)
$500,000 property damage (PD) or
$1,000,000 combined single limit (CSL) of BI and PD
38
PROPOSAL NO.: P-120571
2.
Special Requirements:
a.
Ten (10) days prior to the commencement of any work under this contract
a certificate of insurance will be provided to the Risk Manager for review and
approval. The certificate shall provide for the following:
1.
“Lee County, a political subdivision and Charter County
of the State of Florida, its agents, employees, and public
officials” will be named as an "Additional Insured" on the
General Liability policy.
2.
Lee County will be given thirty (30) days notice prior to
cancellation or modification of any stipulated insurance.
Such notification will be in writing by registered mail, return
receipt requested and addressed to the Risk Manager (P.O.
BOX 398 Ft. Myers, FL 33902).
To the fullest extent permitted by applicable law, Proposer shall protect, defend,
indemnify, save and hold the County, the Board of County Commissioners, its agents,
officials, and employees harmless from and against any and all claims, demands, fines,
loss or destruction of property, liabilities, damages, for claims based on the negligence,
misconduct, or omissions of the Proposer resulting from the Proposer’s work as further
described in this contract, which may arise in favor of any person or persons resulting
from the Proposer’s performance or non-performance of its obligations under this
contract except any damages arising out of personal injury or property claims from third
parties caused solely by the negligence, omission(s) or willful misconduct of the County,
its officials, commissions, employees or agents, subject to the limitations as set out in
Florida general law, Section 768.28, Florida Statutes, as amended. Further, Proposer
hereby agrees to indemnify the County for all reasonable expenses and attorney’s fees
incurred by or imposed upon the County in connection therewith for any loss, damage,
injury or other casualty. Proposer additionally agrees that the County may employ an
attorney of the County’s own selection to appear and defend any such action, on behalf
of the County, at the expense of the Proposer. The Proposer further agrees to pay all
reasonable expenses and attorney’s fees incurred by the County in establishing the
right to indemnity.
39
PROPOSAL NO.: P-120571
DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION
NOTE: This form must be signed by the person who will sign, or has signed the Proposal/Quote Form. This form
will become part of the contract documents.
DIVISION OF EQUAL OPPORTUNITY CERTIFIED DBE/
MINORITY/
WOMEN/
(Check appropriate designation)
DESCRIPTION OF WORK:
SUBCONTRACTOR’S NAME:
EST. DOLLAR VALE OF PROPOSED WORK:
DIVISION OF EQUAL OPPORTUNITY CERTIFIED DBE/
MINORITY/
WOMEN/
(Check appropriate designation)
DESCRIPTION OF WORK:
SUBCONTRACTOR’S NAME:
EST. DOLLAR VALE OF PROPOSED WORK:
DIVISION OF EQUAL OPPORTUNITY CERTIFIED DBE/
MINORITY/
WOMEN/
(Check appropriate designation)
DESCRIPTION OF WORK:
SUBCONTRACTOR’S NAME:
EST. DOLLAR VALE OF PROPOSED WORK:
DIVISION OF EQUAL OPPORTUNITY CERTIFIED DBE/
MINORITY/
WOMEN/
(Check appropriate designation)
DESCRIPTION OF WORK:
SUBCONTRACTOR’S NAME:
EST. DOLLAR VALE OF PROPOSED WORK:
TOTAL VALE OF ALL DBE/MINORITY/WOMEN SUBCONTRACT WORK: $
ESTIMATED TOTAL PERCENT (%) TO BE UTILIZIED:
PROPOSER NAME
SIGNATURE
40
%
DATE
PROPOSAL NO.: P-120571
AFFIDAVIT CERTIFICATION
IMMIGRATION LAWS
SOLICITATION NO.: __________
PROJECT NAME: _____________________________
LEE COUNTY WILL NOT INTENTIONALLY AWARD COUNTY CONTRACTS TO ANY
CONTRACTOR WHO KNOWINGLY EMPLOYS UNAUTHORIZED ALIEN WORKERS,
CONSTITUTING A VIOLATION OF THE EMPLOYMENT PROVISIONS CONTAINED IN 8 U.S.C.
SECTION 1324 a(e) {SECTION 274A(e) OF THE IMMIGRATION AND NATIONALITY ACT
(―INA‖).
LEE COUNTY MAY CONSIDER THE EMPLOYMENT BY ANY PROPOSER OF UNAUTHORIZED
ALIENS A VIOLATION OF SECTION 274A(e) OF THE INA. SUCH VIOLATION BY THE
RECIPIENT OF THE EMPLOYMENT PROVISIONS CONTAINED IN SECTION 274A(e) OF
THE INA SHALL BE GROUNDS FOR UNILATERAL CANCELLATION OF THE CONTRACT
BY LEE COUNTY.
BIDDER ATTESTS THAT THEY ARE FULLY COMPLIANT WITH ALL APPLICABLE
IMMIGRATION LAWS (SPECIFICALLY TO THE 1986 IMMIGRATION ACT AND SUBSEQUENT
AMENDMENTS).
Company Name:_____________________________
Signature
Title
Date
STATE OF ___________________
COUNTY OF _________________
The foregoing instrument was signed and acknowledged before me this
20
, by
who has produced
(Print or Type Name)
as identification.
(Type of Identification and Number)
day of
_____________________________________
Notary Public Signature
_____________________________________
Printed Name of Notary Public
_____________________________________
Notary Commission Number/Expiration
The signee of this Affidavit guarantee, as evidenced by the sworn affidavit required herein, the truth and
accuracy of this affidavit to interrogatories hereinafter made. LEE COUNTY RESERVES THE RIGHT
TO REQUEST SUPPORTING DOCUMENTATION, AS EVIDENCE OF SERVICES PROVIDED,
AT ANY TIME.
41
LEE COUNTY PROCUREMENT MANAGEMENT - BIDDERS CHECK LIST
IMPORTANT: Please read carefully and return with your bid proposal. Please check off each of the following items as the
necessary action is completed:
1. The Solicitation has been signed and with corporate seal (if applicable).
2. The Solicitation prices offered have been reviewed (if applicable).
____
3. The price extensions and totals have been checked (if applicable).
4. Substantial and final completion days inserted (if applicable).
5. The original (must be manually signed) and 1 hard copy original and others as specified of the Solicitation has
been submitted.
6. Two (2) identical sets of descriptive literature, brochures and/or data (if required) have been submitted under
separate cover.
7. All modifications have been acknowledged in the space provided.
8. All addendums issued, if any, have been acknowledged in the space provided.
9. Licenses (if applicable) have been inserted.
10. Erasures or other changes made to the Solicitation document have been initialed by the person signing the
Solicitation.
11. Proposer’s Qualification Questionnaire and Lee County Proposer History (if applicable).
12. DBE Participation form completed and/or signed or good faith documentation.
13. Bid Bond and/or certified Check, (if required) have been submitted with the Solicitation in amounts indicated.
14. Any Delivery information required is included.
15. Affidavit Certification Immigration Signed and Notarized
16. Local Bidder Preference Affidavit (if applicable)
17. The mailing envelope has been addressed to:
MAILING ADDRESS
PHYSICAL ADDRESS
Lee County Procurement Mgmt.
Lee County Procurement Mgmt.
P.O. Box 398
or
1825 Hendry St 3rd Floor
Ft. Myers, FL 33902-0398
Ft. Myers, FL 33901
18. The mailing envelope MUST be sealed and marked with:
Solicitation Number
Opening Date and/or Receiving Date
19. The Solicitation will be mailed or delivered in time to be received no later than the specified opening date and
time. (Otherwise Solicitation cannot be considered or accepted.)
20. If submitting a ―NO BID‖ please write Solicitation number here __________
and check one of the following:
______ Do not offer this product _______Insufficient time to respond.
______ Unable to meet specifications (why)
______ Unable to meet bond or insurance requirement.
Other: _____________________________________________________
Company Name and Address:
________________________________
________________________________
Exhibit 1
Royal Palm Ave.
Library Building
Cafe Space
Second Street
First Street
Main
Entry
North Plaza
South Plaza
1
Public
Meeting
Rooms
1
Lee Street
Scale: 1" = 60'-0"
Consultant:
1
2 of 5
Site Plan - Overall
1" = 60'-0"
Project:
1500 Jackson Street, Suite 200
Fort Myers, Florida 33901
Phone: 941-278-3838
Fax: 941-275-5356
5185 Castello Drive, Suite 4
Naples, Florida 34104
Phone: 941-643-3103
Fax: 941-643-7435
Client:
Project Number:
Fort Myers - Lee County Regional Library
Lee County Board of County Commissioners
0919
Date: 10/31/12
Copyright c 2012. BSSW Inc.
reserve copyright and other rights restricting these
documents to the original site or purpose for which they were
prepared. Reproductions, changes or assignments are prohibitted.
Sheet
Number:
2 of 5
Exhibit 1
Royal Palm Ave.
Library Building
Cafe Space
Second Street
First Street
Main
Entry
North Plaza
South Plaza
1
Public
Meeting
Rooms
1
Lee Street
Scale: 1" = 60'-0"
Consultant:
1
2 of 5
Site Plan - Overall
1" = 60'-0"
Project:
1500 Jackson Street, Suite 200
Fort Myers, Florida 33901
Phone: 941-278-3838
Fax: 941-275-5356
5185 Castello Drive, Suite 4
Naples, Florida 34104
Phone: 941-643-3103
Fax: 941-643-7435
Client:
Project Number:
Fort Myers - Lee County Regional Library
Lee County Board of County Commissioners
0919
Date: 10/31/12
Copyright c 2012. BSSW Inc.
reserve copyright and other rights restricting these
documents to the original site or purpose for which they were
prepared. Reproductions, changes or assignments are prohibitted.
Sheet
Number:
2 of 5
REF.
F.E.C.
Exhibit 2
FD
F.E.C.
F.E.C.
F.E.C.
REF.
FD
Scale: 1/16" = 1'-0"
1
3 of 5
Consultant:
Lease Plate - South Building
1/16" = 1'-0"
Project:
1500 Jackson Street, Suite 200
Fort Myers, Florida 33901
Phone: 941-278-3838
Fax: 941-275-5356
5185 Castello Drive, Suite 4
Naples, Florida 34104
Phone: 941-643-3103
Fax: 941-643-7435
Client:
Project Number:
Fort Myers - Lee County Regional Library
Lee County Board of County Commissioners
0919
Date: 10/31/12
Copyright c 2012. BSSW Inc.
reserve copyright and other rights restricting these
documents to the original site or purpose for which they were
prepared. Reproductions, changes or assignments are prohibitted.
Sheet
Number:
3 of 5
Exhibit 3
View of Site
Scale:
Consultant:
Project:
1500 Jackson Street, Suite 200
Fort Myers, Florida 33901
Phone: 941-278-3838
Fax: 941-275-5356
5185 Castello Drive, Suite 4
Naples, Florida 34104
Phone: 941-643-3103
Fax: 941-643-7435
Client:
Project Number:
Fort Myers - Lee County Regional Library
Lee County Board of County Commissioners
0919
Date: 10/31/12
Copyright c 2005. BSSW Inc.
reserve copyright and other rights restricting these
documents to the original site or purpose for which they were
prepared. Reproductions, changes or assignments are prohibitted.
Sheet
Number:
5 of 5
Exhibit 4
Outdoor
Reading/Dining
Future Restroom
(Location TBD by
Proposer)
Future Cafe'
110
489 Lease Area per
BOMA 2010
Predominate Surface
1
1 of 5
Cafe' - Lease Plate
3/16" = 1'-0"
Scale: 3/16" = 1'-0"
Consultant:
Project:
1500 Jackson Street, Suite 200
Fort Myers, Florida 33901
Phone: 941-278-3838
Fax: 941-275-5356
5185 Castello Drive, Suite 4
Naples, Florida 34104
Phone: 941-643-3103
Fax: 941-643-7435
Client:
Project Number:
Fort Myers - Lee County Regional Library
Lee County Board of County Commissioners
0919
Date: 10/31/12
Copyright c 2012. BSSW Inc.
reserve copyright and other rights restricting these
documents to the original site or purpose for which they were
prepared. Reproductions, changes or assignments are prohibitted.
Sheet
Number:
1 of 5
Exhibit 5
View of Cafe
Scale:
Consultant:
Project:
1500 Jackson Street, Suite 200
Fort Myers, Florida 33901
Phone: 941-278-3838
Fax: 941-275-5356
5185 Castello Drive, Suite 4
Naples, Florida 34104
Phone: 941-643-3103
Fax: 941-643-7435
Client:
Project Number:
Fort Myers - Lee County Regional Library
Lee County Board of County Commissioners
0919
Date: 10/31/12
Copyright c 2005. BSSW Inc.
reserve copyright and other rights restricting these
documents to the original site or purpose for which they were
prepared. Reproductions, changes or assignments are prohibitted.
Sheet
Number:
4 of 5