Loading...
10To: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Honorable Mayor & Members of the City Commission South Miami bOd riff'.; 2001 From: Hector Mirabile, PhD, City Manager Agenda Item NO.:-Lf) Date: July 30, 2012 SUBJECT: A resolution authorizing the City Manager to award a 3-year contract to the most responsive and responsible bidder for the City's Management of Soccer Programs at South Miami Park RFP. BACKGROUND: A second solicitation was advertised for the Management of Soccer Programs at South Miami Park. A previous solicitation was advertised and an award recommendation was presented to the Commission. The award recommendation was rejected by the Commission; consequently all bids were rejected and a Best and Final Offer (BAFO) process was implemented. As a result of the BAFO, a one-year facility permit was issued to South Miami United. As a result of a bid protest, an order was signed by Circuit Court Judge Ellen L. Leesfield on July 16, 2012 declaring the current permit issued by the City to South Miami United is null and void and ordered the City to issue a new Request for Proposal for a managed soccer program. The new solicitation was advertised on Friday, July 20, 2012 and will close on August 3, 2012. An Evaluation Selection Committee is scheduled to meet on Monday, August 6, 2012 to review, evaluate, and rank the proposals received. The Selection Committee is comprised of City personnel and is listed below: • Carl Williams, Asst. Parks Director • Carmen Baker, Manager Code Enforcement • Keith Ng, Operations and Project Manager, Capital Improvements The Selection Committee will base their decision utilizing the evaluation criteria published within the Request for Proposal, copy attached as supporting documentation. Upon close of business Monday, August 6, 2012, the Selection Committee will insert the name of the most responsive and responsible bidder into the contract that was included with the Request for Proposal. Page 1 of2 EXPENSE: SUPPORT: In accordance with the court order, the Commission must either approve or reject the award recommendation of the most responsive and responsible bidder for the management of soccer programs at South Miami Park. The minimum bid, as directed by the RFP, was $50,000 annually. The additional funds collected under the new agreement will help offset the City's continuous expense of lawn maintenance, field aeration, irrigation, stripping, fertilization, fence repairs, exterminating, general maintenance, and the City's labor for the continuation and operation of the soccer program at South Miami Park. $0 Resolution Request for Proposal Addendum #1 Letter of cancellation to South Miami United RFP Advertisement Page 2 of2 RESOLUTION NO.: _________ _ 2 3 A resolution authorizing the City Manager to award a 3-year contract to the most responsive 4 and responsible bidder for the City's Management of Soccer Programs at South Miami Park 5 RFP. 6 7 8 WHEREAS, the City accepted sealed proposals for the Management of Soccer Programs 9 at South Miami Park; and 10 11 WHEREAS, an Evaluation Selection Committee comprised of City personnel reviewed, 12 evaluated and ranked the proposals; and 13 14 WHEREAS, the Evaluation Selection Committee recommended the most responsive and 15 responsible proposer for the 3-year contract; and 16 17 WHEREAS, the 3-year contract that was included with the Request for Proposal is 18 attached to this resolution and the name of the most responsive and responsible bidder will be 19 inserted by the Evaluation Selection Committee; and 20 21 WHEREAS, the City will receive a minimum annual fee of $50,000, in accordance with 22 the terms of the Request for Proposal. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE 25 CITY OF SOUTH MIAMI, FLORIDA: 26 27 Section 1. The City Manager is authorized to enter into a 3-year agreement with the 28 most responsive and responsible bidder for the Management of Soccer Programs at South 29 Miami Park. 30 31 Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is 32 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 33 shall not affect the validity of the remaining portions of this resolution. 34 35 Section 3. Effective Date: This resolution shall take effect immediately upon 36 enactment. 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 PASSED AND ENACTED this __ day of _____ , 2012. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Liebman: 2 3 4 CITY ATTORNEY Commissioner Harris: Commissioner Newman: Commissioner Welsh: City of South Miami REQUEST FOR PROPOSAL RFP # PR-20 12-7-18 Management of Soccer Programs at South Miami Park The City of South Miami, Florida, , will receive sealed proposals in response to this Request for Purposal ("RFP"). The proposal, consisting of one (I) original unbound proposal (clearly identify the original). ten (10) additional copies and one (I) digital copy (CD or Flash Drive) shall be enclosed in a sealed envelope or container and shall have RFP #PR-20 12-7-18 Management of Soccer Programs at South Miami Park, and the name of the respondent clearly written on the exterior of the envelope in which the sealed proposal is delivered. Special envelopes such as provided by UPS or Federal Express will not be opened unless they contain the required information on the front or back of the envelope. All proposals must be received by the Office of the City Clerk, South Miami City Hall, 6130 Sunset Drive, South Miami, Florida 33143. Sealed Proposals must be received by the City Clerk, either by mail or hand delivery, no later than 10 A.M. local time on Friday. August 3. 2012. A public opening will take place at lOAM. in the City Commission Chambers located at City Hall on the same date. Any Proposals received after lOAM. local time on said date will not be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be resolved against the Bidders. The purpose of this RFPis to solicit PROPOSALs to provide Management Services of Soccer Programs in the City at South Miami Park over a three-year period. The scope of work (hereinafter referred to as the "Work") for this project is include in this RFP and specifies responsibilities of the proposer and the City. The Project is generally described as: Management of Soccer Programs at South Miami Park Any requests for additional information or clarification should be submitted in writing by 10:00 A.M. local time on Wednesday. August I, 2012 to the attention of Steven Kulick, C.P.M. Purchasing Manager at skulick@southmiamifl.gov or via facsimile at (305) 667-7806. Proposals are subject to the attached Standard Terms and Conditions contained in the complete bid package. Interested Bidders who wish to bid on this RFP can obtain the complete bid package at City of South Miami's website at cityofsouthmiami.netiindex.php?src=gendocs&ref=BidPosting20 I O&category=RFPs-and-Bids or at the City Clerk's office Monday through Friday from 9:00 AM. to 4:00 P.M. The City Manager, hereinafter referred to as "the City", reserves the right to award the bid to the most responsive, responsible bidder who makes the best offer, subject to the approval of the City Commission, and subject to the right of the City to reject any and all bids, to waive any irregularity in the bids or bidding procedure and subject also to the right of the City to award bid and contract to bidders other than to the bid submitted with the highest monthly fee .. Maria M. Menendez, CMC South Miami City Clerk TABLE OF CONTENTS SCOPE OF SERVICES ............................................................................................................................................. 2 PRICE PROPOSAL SHEET ......................................................................................... 5 General Conditions & Information ......................................................................... 6 SUBMISSION REQUiREMENTS ............................................................................................................................ 16 EVALUATION AND SELECTION OF CONTRACTOR ........................................................................................ 18 PROPOSAL SUBMITTAL FORM .......................................................................................................................... 19 EXHIBIT # I MANAGEMENT OF SOCCER PROGRAMS AGREEMENT ............................................................... 20 EXHIBIT 2: SITE MAPS, SOUTH MIAMI PARK ................................................................................................... 29 EXHIBIT 3: FLORIDA STATUTE 435.04, CHAPTER 435, EMPLOYMENT SCREENING ................................... 32 ATTACHMENT #1 PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST ................................................. 35 ATTACHMENT #2 DRUG FREE WORKPLACE ................................................................................................ 38 ATTACHMENT #3 No CONFLICT OF INTEREST/NON-COLLUSION CERTIFICATION ............................... 39 ATTACHMENT #4 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS ..................... 41 SCOPE OF SERVICES RFP #PR-20 12-7-18 Management of Soccer Programs Introduction The City of South Miami is seeking proposals from experienced and capable parties to operate soccer programs within South Miami (see Site Description) for a three-year (3) agreement. The selected Proposer(s) shall provide a safe. high quality and customer-oriented operation with well-maintained equipment and experienced staff. and offer diverse programs and services normally associated with the soccer industry. Proposal shall contain the following minimum provisions: TERM The term of this agreement shall be for a period of three (3) consecutive years.). SITE DESCRIPTION The City has identified the following park site for this solicitation: South Miami Park, 4300 SW 58 Avenue, South Miami FI, 33143. hereinafter referred to as South Miami Park and/or Soccer Complex. South Miami Park, has the geographic capacity and existing infrastructure (parking and limited utilities,) in close proximity or adjacent thereto. Site maps for the above facility are included as Exhibit 2. The site is provided in as-is condition. The site consists of 9 existing fields that will accommodate various levels of youth and adult soccer programs. At all times, a minimum of one soccer field 80 yards long and 60 yards wide shall be reserved for City residents. All information provided (such as site maps, surveys, etc.) is for information and reference purposes only; it is the proposer's responsibility to conduct due diligence and verify field conditions for accuracy prior to proposal submission. Park hours of operation are 9 AM to 8 PM Monday thru Sunday; park hours cannot extend beyond the listed hours of operation. All activities and occupation of the park and its parking lots shall cease at the closing of the park's operating hours. BACKGROUND The City of South Miami is requesting proposals for the purpose of entering into an agreement with an individual or corporation to operate, manage, and promote soccer at the City of South Miami, South Miami Park. The complex includes up to 8 soccer fields of various sizes (see Exhibit "2") available for the managed soccer program. The Company or individual (hereinafter referred to as "Contractor" or "Firm") will act as an independent contractor to develop, promote, and manage all soccer related programs at premises on the designated fields, 2 which shall be subject to the overall policy direction and approval of the Parks and Recreation Director and the City Manager. RESPONSIBILITIES OF THE PARTIES The Contractor shall provide scheduled soccer programming at South Miami Park. The Contractor shall provide the Parks and Recreation Director with a written program schedule prior to each season, the dates of which shall be recommended by the Contractor and approved by the City Manager. The Contractor shall schedule and coordinate requests from outside organizations to hold games and tournaments at the complex. The Contractor shall ensure that employees of the Contractor or who work for the individual are distinctively uniformed so as to be distinguishable as the selected Proposer staff and not City employees. The Contractor shall provide drinking water for the Managed Soccer Program and portable toilets, at quantity and level sufficient for patrons of the Soccer Complex, the costs associated with disposal and maintenance of said portable toilets shall be at the Contractor's expense. The Contractor shall provide a qualified, full-time on-site manager or designee who shall be available during normal business hours and be on call, at all times, for emergencies or other matters related to the Complex. Soccer programs shall be offered to non-City and City residents. In addition, the Contractorshall reserve, at all times, a minimum of one soccer field; 80 yards long and 60 yards wide; for City residents. The Contractormay erect temporary lights on the fields deSignated for soccer. Temporary lights must be turned off at 8 PM. Contractor shall secure all necessary permits and comply with applicable Miami-Dade County and City of South Miami code requirements. The Contractor shall provide a minimum of fifteen (15) soccer scholarships designated for South Miami residents each soccer season that shall enable the recipients to participate in the soccer program free of charge. The City agrees to furnish existing City owned storage facilities at the Soccer Complex for the purpose of accommodating Contractor operation. The Contractor shall maintain sufficient documentation to establish that soccer programs offered by the Contractor are open to the general public and all program fees are consistently and fairly applied for the proper and efficient management and operation of the Soccer Complex. The City will be responsible for mowing, line-trimming, chemical treatment application of the soccer fields, and associated grounds. The City will maintain all athletic field turf, fencing, storage facilities, bleachers, etc. The Contractor agrees to maintain the premises in a safe, clean, sanitary, and workable condition. QUALIFICATIONS The selected Proposer and/or its subcontractors (as applicable) shall have: I. a minimum of five (5) years prior experience in managing soccer programs. 3 2. knowledge of business operations and the legal requirements associated with this type of operation 3. experience as a manager of a sports facility and/or program. 4. Locations and dates proposer previously managed sports facilities and/or programs 5. Athletic association memberships 6. Demonstrated financial ability to perform the responsibilities of the Agreement 7. Three professional references 8. Background information on persons of significant responsibility within the proposers organization. BACKGROUND SCREENING All selected Contractor's personnel and volunteers that shall provide any service at the Complex or related activities must be in compliance with Level II Background Screening and fingerprinting requirements as per Exhibit 3, Chapter 435, including but not limited to Florida Statute 435.04, Employment Screening, prior to the scheduled start of employment or volunteerism. PAYMENTS TO THE CITY Note: the minimum bid is $50,000 annually, with incremental increases each subsequent years of the three-year agreement. The Annual Payment shall be provided to the City at two specific dates. First payment, consisting of 50% of the agreed annual amount, due on or before Friday. September 7. 2012. 4:00 PM. Second Payment, consisting of the remainder (50%) of the agreed annual amount, due on or before Friday. February I. 2013. 4:00 PM. All Payments must be provided to the City's Finance Department located at City Hall, 6130 Sunset Drive, South Miami, FI 33143. Each Proposer shall set forth the proposed monthly fee on the Proposed Pricing Sheet found below or on the next page. 4 Price Proposal Sheet RFP #PR-2012-7-18 Management of Soccer Programs Proposers must include the Price Proposal Sheet with their submittal. Failure to do so shall render your proposal non-responsive and shall be rejected from further consideration. NOTE: THE MINIMUM BID THE CITY WILL ACCEPT IS $50,000 ANNUALLY, $4,167 MONTHLY; WITH INCREMENTAL INCREASES FOR YEAR 2 AND YEAR 3 OF THE AGREEMENT. THE AMOUNT OF THE INCREMENTAL INCREASES IS AT THE DISCRETION OF THE PROPOSER. Year 1 (12 Months) Year 2 (12 Months) Year 3 (12 Months) TOTALS 5 Annual Amount GENERAL CONDITIONS & INFORMATION RFP #PR-20 12-7-18 Management of Soccer Programs I. Submission of Proposals Firms shall submit one (I) original unbound proposal, ten (10) additional copies and one (I) digital CD copy. The Proposals must be in conformance with the detailed submittal instructions and must be delivered by mail or courier personal delivery by Friday, August 3, 2012 at 10:00 A.M, shall be enclosed in a sealed envelope or container and shall have RFP #PR-20 12-7-18 Management of Soccer Programs RFP, and the name of the respondent clearly written on the exterior of the envelope in which the sealed proposal is delivered. No faxed or email RFP responses will be accepted. Special envelopes such as provided by UPS or Federal Express will not be opened unless they contain the required information on the front or back of the envelope. RFP's may be submitted in person or by mail to the following address: Office of City Clerk South Miami City Hall 6130 Sunset Drive South Miami, FL 33143 Upon submission, all documents become the property of the City of South Miami and are subject to public records laws. 2. Rules, Regulations, Laws, Ordinances, & Licenses The awarded firm shall observe and obey all laws, ordinances, rules, and regulations of the federal, state, and local municipality, which may be applicable to the service being provided. The firm shall have or be responsible for obtaining all necessary permits or licenses required in order to provide this service. 3. Requests for Additional Information or Questions Any requests for additional information or clarification shall be submitted in writing by 10:00 A.M. local time on Wednesday, August I, 2012 to the attention of Steven Kulick, C.P.M. Purchasing Manager at skulick@southmiamifl.gov or via facsimile at (305) 667-7806. The issuance of a written addendum is the only official method whereby interpretation and/or clarification of information can be given. If any addenda are issued to this RFP, the City shall notify all prospective firms by posting the information to the City's website at cityofsoutnmiamLnetlindex.pnp?src=gendocs&ref=BidPosting20 10&category=RFPs-and-Bids. It wi II be your duty to check the website periodically for any interpretations, clarifications or addenda. 4. Lobbying Violation of this section by the Contractor shall cause the submitted RFP to be rejected without recourse. All firms and their agents who intend to submit, or who submitted, bids 6 or responses for the City of South Miami Management of Soccer Programs RFP are hereby placed on formal notice that neither City Commissioners, candidates for City Commissioners, members of the Evaluation Selection Committee, nor any employee of the City of South Miami are to be lobbied either individually or collectively concerning this City of South Miami Management of Soccer Programs RFP by the Contractor or by anyone associated with the Contractor, including but not limited to persons associated with the Contractor through current or past programs the Contractor may have or had. All recommendations must be in writing and attached to the RFP. t:' 5. Cone of Silence: All firms and their agents shall comply with the "Cone of Silence" prohibitions contained in the Miami-Dade County's Cone of Silence Ordinance Part III, chapter 2, article I, section 2-11.1 (t)(a). Contact should only be made through regularly scheduled Commission meetings, Evaluation Selection Committee meetings scheduled for interviews and/or negotiations, or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or clarifying information. 6. Reserves the Right The City anticipates awarding one or more contract(s) for services as a result of this Request for Proposals. The City, however, reserves the right to reject any and all submitted Proposals and to further define or limit the scope of the award. The City reserves the right to request additional information from Firms as deemed necessary. Notice is also given of the possibility that an award may be made without discussion or after limited negotiations. It is, therefore, important that all the parts of the Request for Proposals be completed in all respects. The City reserves the right to negotiate. modifications to Proposals that it deems acceptable, reject any and all RFP in its sole discretion, and to waive any irregularities in the response to the RFP or in the procedures. 7. Contract Cancellation The resulting contract may be canceled at any time by the City for any reason, upon a sixty (60) day written cancellation notice. 8. Ownership of Preliminary and Final Records All preliminary and final documentation and records shall become and remain the sole property of the City. The awarded firm shall maintain original documents thereof for its records and for its future professional endeavors and provide reproducible copies to the City. In the event of termination of the agreement, the proposing firm shall cease work and deliver to the City all documents (including reports and all other data and material prepared or obtained by the awarded firm in connection with the City of South Miami Management of Soccer Programs RFP, as well as all documents bearing the professional seal of the firm. The City shall, upon delivery of the aforesaid documents, pay the firm and the firm shall accept as full payment for its services thereunder, a sum of money equal to the percentage of the 7 work done by the firm and accepted as satisfactory to the City. The Firm shall warrant and certify that it has the right to use, and the right to license the City to use, all copyrighted material that is developed for or used in the Work to be performed and the contract with the selected Firm shall contain a provision granting the City the right to used such copyrighted material, or at the City's option assigned to the City, so long as it is needed to complete the project. 9. Indemnification The proposing firm shall indemnify and hold harmless the City, its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the proposing firm and any persons employed or utilized by proposing firm in the performance of this contract. I O. Equal Employment In accordance with Federal, State and Local law, the proposing firm shall not discriminate against any employee or applicant for employment because of race, color, ethnicity, religion, sex, sexual orientation, national origin or handicap. The proposing firm shall be reqUired to comply with all aspects of the Americans with Disabilities Act (ADA) during the performance of this contract. I I. Insurance Without limiting its liability, the proposing firm shall be required to procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the proposing firm, from claims which may arise out of or result from the proposing firm's execution of a contract with the City of South Miami . for, Management of Soccer Programs whether such execution by the firm or by any sub- consultant, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. The firm shall not commence WORK on this Agreement until he has obtained all insurance required by the City. The firm shall indemnify and save the City harmless from any and all damages, claims, liability, losses and causes of actions of any kind or nature arising out of a negligent error, omission, or act of the firm, its agents, representatives, employees, Sub- Contractor, or assigns, incident to arising out of or resulting from the performance of the firm professional services under this Agreement. The firm shall pay all claims and losses of any kind or nature whatsoever, in connection therewith, including the City'S attorney's fees and expenses in the defense of any action in law or equity brought against the City arising from the negligent error, omission, or act of the firm, its agents, representatives, employees, Sub- Contractor, or assigns, incident to, arising out of or resulting from the performance of the firm's services under this Agreement .. The firm agrees and recognizes that the City shall not be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or 8 arise out of actions or omissions of the firm, its agents. representatives, employees. Sub- Contractors. sub-contractors. or assigns. In reviewing, approving or rejecting any submissions or acts of the firm, the City in no way assumes or shares responsibility or liability of the firm. Sub-Contractors, their agents or assigns. The firm shall maintain during the term of this Agreement the following insurance: A. Professional Liability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the firm shall become legally obligated to pay as damages for claims arising out of the services or work performed by the firm its agents, representatives, Sub-Contractors or assigns, or by any person employed or retained by him in connection with this Agreement. This insurance shall be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement. However, the firm may purchase Specific Project Professional Liability Insurance, in the amount and under the terms specified above, which is also acceptable. B. Comprehensive general liability insurance with broad form endorsement, on a Florida approved form including automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate. including: • Personal Injury: $1,000,000; • Medical Insurance $25,000 per person; • Property Damage: $50,000.00 each occurrence; • Automobile Liability: $1 ,000,000 each accident/occurrence. C. Umbrella Commercial General Liability insurance on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $2,000,000 per claim. The City must be named as additional "named" insured for all except Workers' Compensation, and reflect the indemnification and hold harmless provision contained herein. Policy must specify whether it is primary or excess/umbrella coverage. City must receive 10 days advance written notice of any policy modification and 30 days advance written notice of cancellation, including cancellation for non-payment of premiums. All insurance must remain in full force and effect for the duration of the contract period with the City. The firm must provide not only a "certified copy" of the Binder but also the Policy itself with the name, address and phone number of the agent and agency procuring the insurance. D. Workman's Compensation Insurance in compliance with Chapter 440, Florida Statutes, as presently written or hereafter amended. 9 E. The policies except for Section lOA shall contain waiver of subrogation against City where applicable, shall expressly provide that such policy or policies are primary over any other collective insurance that City may have. The City reserves the right at any time to request a copy of the required policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the City. F. All of the above insurance required to be provided by the firm is to be placed with BEST rated A-a (A-VIII) or better insurance companies, qualified to do business under the laws of the State of Florida on approved Florida forms. The firm shall furnish certified copies of all "Binders" or certificates of insurance to the City prior to the commencement of operations, which "Binders" or certificates shall clearly indicate that the firm has obtained insurance in the type, amount, and classification as required for strict compliance with this Section and that no modification to the policy, including reduction in limits by endorsement, or cancellation of this insurance shall be effective without thirty (30) days prior written notice to the City. Compliance with the foregoing requirements shall not relieve the firm of his liability and obligations under this Section or under any other portion of this Agreement. Firm agrees to supply copies of certificates of insurance to the City verifying the above-mentioned insurance coverage. Firm agrees to list City as an additional named insured of the firm General liability insurance and shall provide the City quarterly reports concerning any and all claims. 12. Opening of Request for Proposals Proposals will be opened and evaluated after the final date and time set for receipt. The City may request proposing firm(s) considered for award to make an oral presentation to a selection board or evaluation committee or to submit additional data. 13. Rejection of Proposals The City reserves the right to reject any and all Proposals. It also reserves the right to waive any minor irregularities in connection with Request for Proposals. 14. Acceptance of Proposal Within thirty (30) days after the final submission date for Proposals, the City shall act upon them. The successful Firm shall be requested to enter into negotiations to produce a contract for City of South Miami Management of Soccer Programs. The City reserves the right to terminate negotiations in the event it deems progress towards a contract to be insufficient. 10 15. Applicable Law All applicable laws and regulations of the state of Florida and ordinances and regulations of the City of South Miami will apply to any resulting agreement and venue for any action arising out of any agreement shall be in Miami-Dade County, Florida and such right shall remain solely with the City. 16. Qualification of Proposing Firm Proposals will be considered from firms normally engaged in providing the services requested. The proposing Firm must demonstrate adequate experience, organization, offices. equipment and personnel to ensure prompt and efficient service to the City of South Miami. The City reserves the right, before recommending any award, to inspect the offices and organization or to take any other action necessary to determine ability to perform in accordance with the specifications, terms and conditions. The City of South Miami will determine whether the evidence of ability to perform is satisfactory and reserves the right to reject any response to the Request for Proposals where evidence submitted, or investigation and evaluation, indicates to the City, in its sole judgment and satisfaction, an inability of a firm to perform. 17. DeSignated Contact The awarded firm shall designate, in writing, a person to act as a primary contact with the City or designee. 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 of the contract. All contact persons shall have sufficient command of the English language so as to accurately communicate verbally and in writing. 18. Deviations from Specifications The awarded Firm shall clearly indicate, as applicable, all areas in which the services proposed do not fully comply with the requirements of this Request for Proposal. The decision as to whether an item fully complies with the stated requirements rests solely with the City to its satisfaction. 19. Precedence of Conditions The proposing Firm, by virtue of submitting a proposal, agrees that City's General Provisions, Terms and Conditions herein shall take precedence over any terms and conditions submitted with the proposal, either appearing separately or included. Any conflict between the provisions, terms and conditions of this document and the Firm's proposal shall be resolved in favor of this document. All proposals shall be presumed to include all the provisions, terms and conditions of this document unless the City specifically waives those provisions, terms and conditions in a writing sighed by the City Manager. 20. Proposal Withdrawal 11 After responses to the Request for Proposals are opened, corrections or modifications to Proposals are not permitted, but the proposing firm may be permitted to withdraw an erroneous proposal prior to the award of the contract by the City Commission, if the following is established: 19.1 the proposing firm acted in good faith in submitting the proposal; and 19.2 the error was not the result of gross negligence or willful inattention on the part of the firm; and 19.3 the error was discovered and communicated to the City within twenty-four (24) hours of proposal opening, along with a request for permission to withdraw the proposal; and 19.4 the firm submits documentation and an explanation of how the proposal error was made. 21. Public Entity Crimes A person or affiliate who has been placed on the Convicted Vendors List, pursuant to Chapter 287, following a conviction for a public entity crime may not submit a proposal on a contract to provide any services to the City of South Miami, and may not transact business with the City, for a period of 36 months from the date of being placed on the Convicted Vendors List. 22. Contingent Fees Prohibited The proposing firm must warrant that it has not employed or retained a company or person, other than a bona fide employee, contractor or subcontractor, working in its employ, to solicit or secure a contract with the CITY, and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee, contractor or sub-consultant, working in its employ, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of a contract with the City. 23. City of South Miami Management of Soccer Programs Records All records kept in any manner whatsoever concerning the Work, or any designated portion thereof, which are in the possession of the proposing firm or proposing firm's subcontractors, or consultants, shall be made available, upon request by the City, for inspection and copying upon written request of the City. Additionally, said records shall be made available, upon request by the City, to any state, federal or other regulatory authorities and any such authority may review the same. Said records include, but are not limited to, all submittals, correspondence, minutes, memoranda, tape recordings, videos, or other writings. Said records expressly include those documents reflecting the time expended by the proposing firm and its personnel in performing the obligations of 12 this Contract and the records of expenses incurred by the proposing firm in its performance under said contract. 24. Auditable Records The proposing firm 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 principles, and the City reserves the right to determine record-keeping method in the event of non-conformity. These records shall be maintained for five (5) years after final payment has been made and shall be readily available to City personnel with reasonable notice, and to other persons in accordance with the Florida Public Disclosure Statutes. All preliminary and final documentation and records shall become and remain the sole property of the City. The Contractor shall maintain original documents thereof for its records and for its future professional endeavors and provide reproducible copies to the City. In the event of termination of the agreement, the proposing Contractor shall cease work and deliver to the City all documents (including reports and all other data and material prepared or obtained by the Contractor in connection with the City of South Miami Management of Soccer Programs RFP, as well as all documents bearing the professional seal of the Contractor. The City shall, upon delivery of the aforesaid documents, pay the Contractor and the Contractor shall accept as full payment for its services there under, a sum of money equal to the percentage of the work done by the Contractor and accepted as satisfactory to the City. The Contractor warrants and certifies that it has the right to use, and the right to license the City to use, all copyrighted material that is developed for or used in the Work to be performed and hereby grants to the City the right to used such copyrighted material, or at the City's option, the Contractor shall assign to the City such material, so long as it is needed to complete the contemplated soccer program. 25. Unauthorized Aliens The employment of unauthorized aliens by any firm is considered a violation of Federal Law. If the Contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of any contract resulting from this RFP. This applies to any sub- contractors used by the firm as well. The City has the right to inspect any and all personnel files for the sole purpose of enforCing the terms of this Agreement. 26. Waiver Failure of the City to take any action with respect to any breach of any term, covenant, provision or condition contained in the agreement, or any instance of default there under by the awarded firm shall not be deemed to be a waiver of such term, covenant, provision or condition nor shall it be deemed to be waiver of any future default. 27. Attorney's Fees: In the event of any litigation between the parties arising out of or relating in any way to this Agreement or a breach thereof, each party shall bear its own costs and legal fees. 13 28. Resolution of Protested Solicitations and Awards (Formal) Right to protest. Any actual or prospective bidder or offeror who perceives itself aggrieved in connection with the formal solicitation of a contract ("Bid Protester") shall have the right to file a protest. (a) Protest procedure. The following procedures shall be used for resolution of protested solicitations: ( I) The Bid Protester who perceives a grievance before bid opening shall file a written notice of intent to file a protest with the city clerk's office within three calendar days prior to the date set for opening of bids or receipt of proposals. A notice of intent to file a protest is considered filed when received by the City Clerk's office. (2) Protest of award. A Bid Protester who perceives itself aggrieved in connection with the recommended award of contract shall file a written notice of intent to file a protest with the city clerk's office within three calendar days after notice of the City's written recommendation to the City Commission for award of contract or within three (3) calendar days of the posting on the city's website of a resolution or ordinance to approve the contract, whichever is earlier. A notice of intent to file a protest is considered filed when received by the City Clerk's office. (3) Contents of protest. A written protest based on any of the foregoing must be submitted to the City Clerk's office within five calendar days after the date the notice of protest was filed. A written protest is considered filed when received by the City Clerk's office. The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation or the award is based, and shall include all pertinent documents and evidence and shall be accompanied by the required filing fee as provided in the City's then current Fee Schedule. This shall form the basis for review of the written protest and no facts, grounds, documentation, or evidence not contained in the protester's submission at the time of filing the protest shall be permitted or considered in support of the written protest. (4) Computation of time. No time will be added to the above time limits for service by mail. The last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday in which event the period shall run until the next day which is not a Saturday, Sunday, or legal holiday. (b) Challenges. The written protest may not challenge the relative weight of the evaluation criteria or any formula used for assigning points in making an award determination. (c) Authority to resolve protests. The purchasing manager, after consultation with the City Attorney, shall issue a written recommendation within ten calendar days after receipt of the written protest. Said recommendation shall be sent to the City with a copy to the protesting party. The City may then either resolve the protest or reject all 14 proposals. The City shall submit a recommendation to the City Commission for approval or disapproval. If disapproved, the City shall have the right to reject all bids. A timely protest of an award of a contract by the City Commission, if it complies with the procedures set forth in this ordinance, may be filed with the circuit court .. (d) Stay of procurement during protests. Upon receipt of a timely and proper written protest filed pursuant to the requirements of this section, the city shall not proceed further with the solicitation or with the award of the contract until the protest is resolved by the City or City Commission, as applicable and as provided in subsection (f) above, unless the City makes a written determination that the solicitation process or the contract award must be continued without delay in order to avoid an immediate and serious danger to the health, safety, or welfare of the public or to protect substantial interests of the city. (e) Costs. The protestor shall pay all costs accruing from or associated with the protest. (f) Protest Bond. The written protest must be accompanied by a Protest Bond in the form of a money order or cashier's check payable to the city in an amount equal to one percent of the amount of the bid or proposed contract, or $2,500.00, whichever is greater. The Protest Bond shall guarantee the payment of all costs which may be adjudged against the protestor in any administrative or court proceeding. Upon the conclusion of the protest, the costs accruing from or associated with the protest shall be deducted from the bond and the balance, if any, shall be refunded to the protester. (k) Compliance with filing requirements. The protesting party shall not be entitled to seek redress before the City Commission or seek judicial relief without first having followed the procedure set forth in this section. Failure of a protester to timely file either the notice of intent to file a protest or the written protest, or to submit the bond, with the City Clerk's office within the time provided in this Section, shall constitute a forfeiture of such party's right to file a protest pursuant to this Section. 15 SUBMISSION REQUIREMENTS RFP #PR-20 12-7-18 Management of Soccer Programs It is imperative that the information submitted is precise, clear, and complete. All submittals must be presented one (I) original unbound proposal, ten (10) additional copies and one (I) digital Flash Drive or CD copy, an 8 1/2" x I I ", tabbed for the following format (submittals not conforming to this format may be disqualified from further consideration). Request for Qualifications should include the requirements listed below. Submittals submitted without meeting ALL the requirements may be considered non-responsive. I. Format The outside of the envelope containing your proposal must be labeled to include the RFP name and number. Sections and subsections should correspond in sequence with those identified below. All additional information that the Contractor believes is unique to a section and does not fit the established outline may be included at the end of each section under a subheading "Additional Information." The following information shall be provided in the order detailed: failure to provide anyone part of this section without appropriate explanation may result in disqualification of proposal. a. Title Page -List the RFP subject, the name of the firm, address, telephone number, email address, contact person and date. b. Table of contents -Include a clear identification of the material included in the submittal by page number. c. Letter of Interest --Limit two (2) pages. Make a positive commitment to perform the required work within a specified timeline, acknowledgement of receipt of addenda. Give the name(s) of the person(s) who will be authorized to make representation for the firm, their title, phone number and email address. d. Qualifications and Experience I. Provide a brief discussion of the firm's understanding and approach to the work described herein. 2. A resume of the individual(s) who will work on City matters and a statement identifying the individual(s) who will attend meetings and have primary responsibility for City matters and whether the individual(s) represents other municipalities. 3. A list of any individual(s) or firm with whom the Respondent has a contractual relationship or other business affiliation. 16 4. A disclosure of the following: (a) any relationships between the individual(s) of the firm and any Commission member, his/her spouse, or family: (b) any relationship between any individual(s) of the firm and any business or entity owned by a Commission member or their family or in which a Commission member or their family has or had an interest; (c) any other information concerning any relationships between the individual(s) of the firm and any Commission member which the Respondent deems might be relevant to the Commission's consideration; (d) such other governmental or quasi- governmental entities which are represented by the individual(s)/firm, and the nature of the representation in such matters; and (e) a "conflict list" if the same is maintained by the individual(s) or the firm. s. Three (3) contracts the individual(s)/firm performed involving services similar to those detailed herein. The schedule of the work, cost of the work and scope of work for each such contract. 6. Three (3) references. 7. Resumes for each of the firm's staff who will be performing any of the work. e. Respondent's Sworn Statement Under Section 287.133(3)(A), Florida Statutes. on Attachment #1 "Public Entity Crimes and Conflicts of Interest Affidavit," shall be completed and provided with the proposal submittal. f. The individual(s)/firm may not represent any Commission member, individually, or, any member of their family or any business in which the Commission member of their family has an interest. g. All proposals received shall be considered public records. The City will consider all proposals using such criteria as the Commission may adopt at its sole discretion. The individua/(s)/firm selected shall be required to enter into a formal agreement with the City in a form satisfactory to the City, prior to the execution of which the City shall reserve all rights, including the right to change its selection. h. Respondent's Attachment # 2 "Drug Free Workplace" form shall be completed and provided with the proposal submittal. i. Respondent's Attachment # 3 "No Conflict of Interest/Non Collusion Affidavit," shall be completed and provided with the proposal submittal. j. Respondent's Attachment # 4 "Acknowledgement of Conformance with OSHA Standards," shall be completed and provided with the proposal submittal. The Contractor shall not hire, employ or contract with any subcontractor who is not named in this document. k. Price Proposal Sheet -All proposals shall include a Price Proposal Sheet with their submittal. 17 EVALUATION AND SELECTION OF CONTRACTOR RFP #PR-20 12-7-18 Management of Soccer Programs EVALUATION CRITERIA Proposals shall be evaluated by an Evaluation/Selection Committee which shall evaluate and rank proposals on criteria listed below. The criteria are itemized with their respective weights for a maximum total of one hundred (100) points per Evaluation/Selection Committee member. Proposer's experience, qualifications, and past performance related to the managing and operating of similar sports facilities/programs Points 20 Relevant experience and qualifications of key personnel, including key personnel of any subcontractors, that will be assigned to this project, and experience and qualifications of subcontractors Points 20 Proposer's development plan, time frame, operation plan, number of qualified staff to be assigned to the facilities/programs Points 30 Proposed Guaranteed Monthly fee Points 30 18 PROPOSAL SUBMITTAL FORM RFP #PR·20 12· 7·18 Management of Soccer Programs This checklist indicates the forms and documents required to be submitted for this Request for Proposal (RFP) to be presented by the deadline set for within the RFP. Please check off and submit documents in the order listed below. Fulfillment of all proposal requirements listed is mandatory for consideration of proposals. The proposal shall include the following items: Attachments: Bidder Qualification Statement --- Non-Collusion Affidavit Public Entity Crimes and Conflicts of Interest --- Drug Free Workplace -- Acknowledgement of Conformance with OSHA Standards --- List of Proposed Subcontractors and Principal Suppliers --- Indemnification and Insurance Documents Price Proposal Sheet --- Submit this checklist along with your proposal indicating the completion and submission of each required forms and/or documents. 19 EXHIBIT # I MANAGEMENT OF SOCCER PROGRAMS AGREEMENT RFP#PR-2012-7-IB Management o(Soccer Programs THIS AGREEMENT is made between • a Florida corporation. ("Contractor") and the City of South Miami. a Florida municipal corporation. ("City"). on this _ day of. • 2012. WHEREAS, the City desires to contract with a Contractor to perform soccer program management services within the City boundaries at South Miami Park. NOW, THEREFORE. in consideration of the mutual promises and agreements hereinafter set forth. the receipt and sufficiency of which are hereby acknowledged. and. at the City's option, contingent upon the completion and submittal of all required bid documents. the parties agree as follows: SCOPE OF SERVICES: Operation of soccer programs within South Miami (see Site Description) for a three-year (3) period to provide a safe, high quality and customer-oriented operation with well-maintained equipment and experienced staff, and offer diverse programs and services normally associated with the soccer industry. The contractor shall be responsible for the operation, management, and promotion of soccer in the City of South Miami at South Miami Park. The programs shall be in full operation during the normal park hours of operation from 9AM to 8 PM, Monday thru Sunday; soccer operational hours shall not be extend beyond the listed park hours. The Contractor, all of its personnel and anyone affiliated with the Contractor, including but not limited to its clients. and their family and friends, shall vacate the premises, including the parking lots, after the ending of the Park's operating hour each day. The Contractor shall act as an independent contractor and shall be subject to the overall policies, direction and approval of the Parks and Recreation Director and the City Manager. SITE DESCRIPTION South Miami Park, 4300 SW 58 Avenue, South Miami Fl. 33143. Site maps for the above facility are included as Exhibit 2. The site is provided in as-is condition. The site consists of 9 existing fields that will accommodate various levels of youth and adult soccer programs. At all times, a minimum of one soccer field; 80 yards long and 60 yards wide shall be reserved for use by the City'S residents. RESPONSIBILITIES OF THE PARTIES The Contractor shall provide continuous scheduled soccer programming at least six (6) days per week during each year of the term of this agreement, provide the Parks and Recreation Director with a written program schedule prior to each season, the dates of which shall be recommended by the Contractor and approved by the City Manager and create soccer leagues. The Contractor shall schedule and coordinate requests from outside organizations to hold games and tournaments at the complex. The Contractor shall ensure that employees of the Contractor are distinctively uniformed so as to be distinguishable as the selected Proposer staff 20 and not City employees. The Contractor shall provide drinking water for the Managed Soccer Program and portable toilets , at quantity and level sufficient for patrons of the Soccer Complex, the costs associated with disposal and maintenance of said portable toilets shall be at the Contractor's expense. The Contractor shall provide a qualified, full-time on-site manager or designee who shall be able to read and write English sufficiently to communicate with English speaking City of South Miami personnel and who will be available during normal business hours " and be on call, at all times, for emergencies or other matters related to the Complex. Soccer programs shall be offered to non-City and City residents. In addition, the Contractor shall reserve, at all times, a minimum of one soccer field, 80 yards long and 60 yards wide, for City residents in a location that is easily accessible to them. The Contractor may erect temporary lights on the fields designated for soccer. Temporary lights must be turned off at 8 PM. Contractor shall secure all necessary permits and comply with applicable Miami-Dade County and City of South Miami code requirements. The Contractor shall provide a minimum of fifteen (15) soccer scholarships deSignated for South Miami residents each soccer season that shall enable the recipients to participate in the soccer program free of charge. The City agrees to furnish existing City owned storage facilities at the Soccer Complex for the purpose of accommodating Contractor's operation. The Contractor shall maintain sufficient documentation to establish that soccer programs offered by the Contractor are open to the general public and all program fees are consistently and fairly applied for the proper and efficient management and operation of the Soccer Complex. Contractor. The City shall be responsible for mowing, line-trimming, chemical treatment application of the soccer fields, and associated grounds. The City shall maintain all athletic field turf, fencing, storage facilities, bleachers, etc. The Contractor agrees to maintain the premises in a safe, clean, sanitary, and workable condition. BACKGROUND SCREENING All personnel and volunteers that will provide any service at the Soccer Complex or related activities must be in compliance with Level II Background Screening and fingerprinting requirements as per Exhibit 3, Florida Statute 435.04, Chapter 435, Employment Screening, prior to the scheduled start of any employee or volunteer. PAYMENTS TO THE CITY Note: the minimum bid is $50,000 annually, with incremental increases each subsequent years of the three-year agreement. The Annual Payment shall be prOVided to the City at two specific dates. First payment, consisting of 50% of the agreed annual amount, due on or before Friday, September 7, 2012. 4:00 PM. Second Payment, consisting of the remainder (50%) of the agreed annual amount, due on or before Friday. February I. 2013. 4:00 PM. All Payments must be provided to the City's Finance Department located at City Hall, 6130 Sunset Drive, South Miami, FI 33143. 21 TERM: The term of this contract is three (3) years and shall commence on the first calendar day of the month immediately subsequent to the notice of award. PERSONNEL: All personnel fulfilling the terms of this Agreement, shall be employed solely by the Contractor and be employees of the Contractor. Contractor agrees to pay the following for Contractor employees: Wages Income tax withholdings Social security with holdings State unemployment insurance Federal unemployment insurance Workmen's compensation insurance Contractor shall train personnel. Personnel not performing up to the standards of the City shall be replaced by the Contractor immediately upon being given written notice of the deficiency. INSURANCE and INDEMNIFICATION: The Contractor shall maintain and keep in full force and affect the coverage as set forth in the City'S standard insurance requirements: Without limiting its liability, the Contractor shall procure and maintain at its own expense during the life of the Contract" insurance of the types and in the minimum amounts stated below as will protect the Contractor, from claims which may arise out of or result from the Contractor's execution of a contract with the City of South Miami for management of soccer programs, whether such execution by the Contractor or by any sub-consultant, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. The Contractor shall not commence work on this Agreement until the Contractor has obtained all insurance required by the City. The Contractor shall indemnify and save the City harmless from any and all damages, claims. liability. losses and causes of actions of any kind or nature arising out of a negligent error, omission, or act of the Contractor, its agents, representatives, employees, Sub-Contractor, or assigns, incident to arising out of or resulting from the performance of the Contractor's services under this Agreement. The Contractor shall pay all claims and losses of any kind or nature whatsoever, in connection therewith, including the City'S attorney's fees and expenses in the defense of any action in law or equity brought against the City arising from the negligent error, omission, or act of the Contractor, its agents, representatives, employees, , or assigns, or anyone else for whose acts or omissions the Contractor may be liable and which are incident to, arising out of or resulting fromthis Agreement. The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of the Contractor. or anyone for whom the Contractor is responsible pursuant to this Agreement or at law.. In reviewing, approving 22 or rejecting any submissions or acts of the Contractor, the City in no way assumes or shares responsibility or liability of the Contractor, Sub-Contractors, or their employees, agents or assigns. The Contractor shall maintain during the term of this Agreement the following insurance: D. Professional Liability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the Contractor shall become legally obligated to pay as damages for claims ariSing out of the services or work performed by the Contractor its agents, representatives, Sub-Contractors or assigns, or by any person employed or retained by him in connection with this Agreement. This insurance shall be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement. However, the Contractor may purchase Specific Project Professional Liability Insurance, in the amount and under the terms specified above, which is also acceptable. E. Comprehensive general liability insurance with broad form endorsement, on a Florida approved form including automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability proviSion, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: • Personal Injury: $1,000,000; • Medical Insurance $25,000 per person; • Property Damage: $50,000.00 each occurrence; • Automobile Liability: $1,000,000 each accident/occurrence. F. Umbrella Commercial General Liability insurance on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $2,000,000 per claim. The City must be named as additional "named" insured for all insurance policies except Workers' Compensation, and reflect the indemnification and hold harmless provision contained herein. Policy must specify whether it is primary or excess/umbrella coverage. City must receive 10 days advance written notice of any policy modification and 30 days advance written notice of cancellation, including cancellation for non-payment of premiums. All insurance must remain in full force and effect for the duration of the contract period with the City. The Contractor must provide not only a "certified copy" of the Binder but also the Policy itself with the name, address and phone number of the agent and agency procuring the insurance. D. Workman's Compensation Insurance in compliance with Chapter 440, Florida Statutes, as presently written or hereafter amended. 23 E. The policies shall contain waiver of subrogation against City where applicable, shall expressly provide that such policy or policies are primary over any other collective insurance that City may have. The City reserves the right at any time to request a copy of the required policies for review. All policies shall contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the City. G. All of the above insurance required to be provided by the Contractor is to be placed with insurance companies who have a BEST rating of A-a (A-VIII) or better and who are qualified to do business under the laws of the State of Florida and on approved Florida forms. The Contractor shall furnish certified copies of all "Binders" or certificates of insurance to the City prior to the commencement of operations, which "Binders" or certificates shall clearly indicate that the Contractor has obtained insurance in the type, amount, and classification as required for strict compliance with this Section and that no reduction in limits by endorsement during the policy term, or cancellation of this insurance shall be effective without thirty (30) days prior written notice to the CITY. Compliance with the foregoing requirements shall not relieve the Contractor of his liability and obligations under this Section or under any other portion of this Agreement. Contractor agrees to supply copies of certificates of insurance to the City verifying the above-mentioned insurance coverage. Contractor agrees to list the City of South Miami as an Additional Named Insured of the Contractor's General liability insurance and shall provide the City quarterly reports concerning any and all claims. TAXES: Contractor shall be responsible for all payments of federal, state, and/or local taXes related to the Operations, inclusive of sales tax if applicable. DRUG FREE WORKPLACE: The Contractor shall comply with the Drug Free Workplace policy set forth in attachment # 2 which is made a part of this agreement by reference. INDEPENDENT CONTRACTOR: Contractor is an independent entity under this Agreement and nothing herein shall be construed to create a partnership. joint venture, or agency relationship between the parties. DUTIES AND RESPONSIBILITIES: Contractor agrees to provide its services during the term of this Agreement in accordance with all applicable laws. rules, regulations, and health and safety standards of the federal, state, and City, which may be applicable to the service being provided. LICENSES AND CERTIFICATIONS: Contractor shall secure all necessary business and professional licenses at its sole expense prior to executing the Agreement. 24 TERMINATION: The City shall have the right to terminate this Agreement with or without cause upon sixty (60) days written notice to Contractor. Upon termination, the Contractor shall be entitled to a refund of any monies paid for any period of time subsequent to date of termination. The City may, at its sole option, terminate this agreement immediately if it discovers that the Contractor made any misrepresentation in any of its responses to the City's RFP. ENTIRE AGREEMENT, MODIFICATION, and BINDING EFFECT: This Agreement c~>nstitutes the entire agreement of the parties and supersedes any prior agreements, understandings, representation or negotiation, written or oral. This Agreement may not be modified or amended except in writing, signed by both parties hereto. This Agreement shall be binding upon and inure to the benefit of the City and Contractor and to their respective heirs, successors and assigns. CUMULATIVE REMEDIES: The duties and obligations imposed by the Contract Documents herein referred to as the bid documents, if any, and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon Contractor by the Contract Documents and the rights and remedies available to the City hereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available by law, by special guarantee or by other provisions of the Contract Documents. In order to entitle any party to exercise any remedy reserved to it in this Agreement, or existing in law or in equity, it shall not be necessary to give notice, other than such notice as maybe herein expressly required. CLAIM PERIOD: Should the City or the Contractor suffer injury or damage because of any error, omission, or act of the other or of any of their employees or agents or others for whose acts they are legally liable, the party injured or damaged shall serve notice of its claim in writing to the other party within twenty one (2 I) days of the first observance of such injury or damage. The parties hereby agree that any claim that is not timely made in accordance with this paragraph is waived by the party failing to timely make the claim. JURY TRIAL: City and Contractor knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in any state or federal court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of this Agreementor the performance of the Work thereunder. VALIDITY OF EXECUTED COPIES: This agreement may be executed in several counterparts, each of which may be construed as an original. RULES OF INTERPRETATION: Throughout this agreement the male pronoun may be substituted for female and neuter and the singular words substituted for plural and plural words substituted for singular, and vice versa, wherever applicable. SEVERABILITY: If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances, other than those to which it is held invalid or unenforceable, shall not be affected thereby and each of the remaining terms and provisions of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 25 NON·WAIVER: City and Contractor agree that no failure to exercise and no delay in exercising any right. power or privilege under this Agreement on the part of either party shall operate as a waiver of any right. power, or privilege under this Agreement. No waiver of this Agreement, in whole or part, including the provisions of this paragraph. may be implied by any act or omission and will only be valid and enforceable if in writing and duly executed by each of the parties to this agreement. Any waiver of any term, condition or provision of this Agreement shall not constitute a waiver of any other term, condition or provision hereof, nor shall a waiver of any breach of any term, condition or provision constitute a waiver of any subsequent or succeeding breach. NO DISCRIMINATION: No action shall be taken by the Contractor which would discriminate against any person on the basis of race, creed, color, national origin, religion. sex. familial status. ethnicity. sexual orientation or disability. The Contractor shall comply with the Americans with Disabilities Act EQUAL EMPLOYMENT:Jn accordance with Federal, State and Local law, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, ethnicity, religion. sex, sexual orientation, national origin or handicap. The Contractor shall comply with all aspects of the Americans with Disabilities Act (ADA) during the performance of this contract. GOVERNING LAWS: This Agreement and the performance of services hereunder will be governed by the laws of the State of Florida, with exclusive venue for the resolution of any dispute being a court of competent jurisdiction in Miami-Dade County, Florida. ATTORNEYS' FEES AND COSTS: In the event of any litigation between the parties arising out of or relating in any way to this Agreement or a breach thereof, each party shall bear its own costs and legal fees. AUDIT: Upon request and during regular business hours, the Contractor shall allow the City or its consultant to audit. inspect, and examine the facility for safety and contractual compliance. In an effort to confirm such information. the City may communicate directly with Contractor's providers of goods and services. Additionally, the Contractor shall keep complete and accurate books and records of accounts and business operations in accordance with generally accepted accounting ,<~ principles for a period of three (3) years following termination of this Agreement. UNAUTHORIZED ALlENS:_The employment of unauthorized aliens by the Contractor is considered a violation of Federal Law. If the Contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement . This applies to any sub-contractors used by the Contractor as well. ASSIGNMENT: Contractor shall not assign or transfer its rights under this Agreement without the express written consent of the City. The Contractor shall not assign any of its duties, obligations and responsibilities. The City will not unreasonably withhold and/or delay its consent to the assignment of the Contractor's rights. The City may, in its sole discretion, allow the Contractor to assign its duties. obligations and responsibilities provided the assignee meets all of the City's requirements to the City'S sole satisfaction. executes all of the Contract Documents and the Contractor remains jointly and severally liable for any breach of the Agreement by the assignee. 26 fi If EFFECTIVE DATE: This Agreement shall not become effective and binding until it has been executed by both parties hereto and the effective date shall be the date of its execution by the last party so executing it. THIRD PARTY BENEFICIARY: It is specifically understood and agreed that no other person or entity shall be a third party beneficiary hereunder. and that none of provisions of this Agreement shall be for the benefit of or be enforceable by anyone other than the parties hereto. and that only the parties hereto shall have any rights hereunder. FURTHER ASSURANCES: The parties hereto agree to execute any and all other and further documents as might be reasonably necessary in order to ratify. confirm. and effectuate the intent and purposes of the Agreement. TIME OF ESSENCE: Time is of the essence of this Agreement. CONSTRUCTION: This Agreement shall not be construed more strongly against either party hereto. regardless of who was more responsible for its preparation. FORCE MAJEURE: Neither party hereto shall be in default of its failure to perform its obligations under this Agreement if caused by acts of God. civil commotion. strikes. labor disputes. or governmental demands or requirements that could not be reasonably anticipated and the effects avoided or mitigated. Each party shall notify the other of any such occurrence. NOTICES: Whenever notice shall be required or permit1;ed herein. it shall be delivered by hand delivery. e-mail. facsimile transmission or certified mail with return receipt requested and shall be deemed delivered on the date shown on the delivery confirmation or if by certified mail. the date on the return receipt or the date shown as the date same was refused or unclaimed. Notices shall be delivered to the following individuals or entities at the addresses (including e-mail) or facsimile transmission numbers set forth below: To the City of South Miami: Tothe _______ ~ Member City Manager. Hector Mirabile. PhD 6130 Sunset Dr. South Miami, FL 33143 Fax: --------------------------E-mail: __________ _ With copies by U.S. mail to: City Attorney. Thomas Pepe. Esquire 6130 Sunset Dr. South Miami, FL 33143 Contractor's President/Partner or Managing Address 27 Fax: _____________ _ E-mail: ------------------ With copies by U.S. mail to: Attorney for Contractor IN WITNE.SS WHE.RE.OF. the parties have signed this Agreement this _ day of _____ of2012. COMPANY NAME. a Florida corporation By: _________ _ Signature of Witness • as its President. _______ .....1 General Partner or Managing Member Name AUTHENTICATION: CITY OF SOUTH MIAMI Signature: ___________ _ Maria M. Menendez. CMC City Clerk Read and Approved as to Form. Language. Legality and Execution Thereof: Signature: City Attorney 28 Signature: ___________________ _ Dr. Hector Mirabile City Manager EXHIBIT 2: SITE MAPS, SOUTH MIAMI PARK RFP #PR-20 12-7-18 Management of Soccer Programs Exhibit 2 Site Maps, South Miami Park 29 City of South Miami Site Map for Address: 4300 SW 58 Avenue i 976; SW 45th St 5W 461h 51 ~ > <t SW 41st SI &; 0; '" SW 42ndSI sw 42nd Ter SW 41s\ SW 421\ SW 42" SW45 SW45lh rer sw SW46 SW 46th rer OIl ~ !~. '" SW4 SW 41th St :c ~. III o 4300_SW_58_Ave 121 4300_SW_58_Ave_1 OOft Buffer Property _PTX_Boundaries ~< 4300 Southwest 58 Avenue, South Miami, FL 33143 -Google Maps Page lof1 •• « ••• --_. To _ a111h8 delail$ \hal we vioibhJ on \ha 'allen, ulI8lh8 'Prinr Unk noxI to th. map, http://maps.google.com/maps?hl=en&tab=wl&q=South%20Miami%20Park. .. 3/23/2012 EXHIBIT 3: FLORIDA STATUTE 435.04, CHAPTER 435, EMPLOYMENT SCREENING RFP #PR-20 12-7-18 Management of Soccer Programs Exhibit 3 Florida Statute 435.04, Chapter 435, Employment Screening 32 Florida Statutes Title XXXI. LABOR Chapter 435. EMPLOYMENT SCREENING Current through 2010 Special Session A Legislation § 435.04. Level 2 screening standards [1] (1)(a) All employees required by law to be screened pursuant to this section must undergo security background investigations as a condition of employment and continued employment which includes, but need not be limited to, fingerprinting for statewide criminal history records checks through the Department of Law Enforcement, and national criminal history records checks through the Federal Bureau ofInvestigation, and may include local criminal records checks through local law enforcement agencies. (b) Fingerprints submitted pursuant to this section on or after July I, 2012, must be submitted electronically to the Department of Law Enforcement. (c) An agency may contract with one or more vendors to perform all or part of the electronic fingerprinting pursuant to this section. Such contracts must ensure that the owners and personnel of the vendor performing the electronic fmgerprinting are qualified and will ensure the integrity and security of all personal information. (d) An agency may require by rule that fingerprints submitted pursuant to this section must be submitted electronically to the Department of Law Enforcement on a date earlier than July 1,2012. (2) The security background investigations under this section must ensure that no persons subject to the provisions of this section have been arrested for and are awaiting fmal disposition of, have been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, or have been adjudicated delinquent and the record has not been sealed or expunged for, any offense prohibited under any of the following provisions of state law or similar law of another jurisdiction: (a) Section 393.135, relating to sexual misconduct with certain developmentally disabled clients and reporting of such sexual misconduct. (b) Section 394.4593, relating to sexual misconduct with certain mental health patients and reporting of such sexual misconduct. (c) Scction 415.111, relating to adult abuse, neglect, or exploitation of aged persons or disabled adults. (d) Section 782.04, relating to murder. (e) Section 782.07, relating to manslaughter, aggravated manslaughter of an elderly person or disabled adult, or aggravated manslaughter of a child. (f) Section 782.071, relating to vehicular homicide. (g) Section 782.09, relating to killing of an unborn quick child by injury to the mother. (h) Chapter 784, relating to assault, battery, and culpable negligence, if the offense was a felony. (i) Section 784.011, relating to assault, if the victim ofthe offense was a minor. (j) Section 784.03, relating to battery, if the victim of the offense was a minor. (k) Section 787.01, relating to kidnapping. (I) Section 787.02, relating to false imprisonment. (m) Section 787.025, relating to luring or enticing a child. (n) Section 787.04(2), relating to taking, enticing, or removing a child beyond the state limits with criminal intent pending custody proceedings. (0) Section 787.04(3), relating to carrying a child beyond the state lines with criminal intent to avoid producing a child at a custody hearing or dclivering the child to the designated person. (p) Section 790.115(1), relating to exhibiting firearms or weapons within 1,000 feet of a school. (q) Section 790. 115 (2)(b), relating to possessing an electric weapon or device, destructive device, or other weapon on school property. (r) Section 794.011, relating to sexual battery. (s) Former s. 794.041, relating to prohibited acts of persons in familial or custodial authority. (t) Section 794.05, relating to unlawful sexual activity with certain minors. (u) Chapter 796, relating to prostitution. (v) Section 798.02, relating to lewd and lascivious behavior. (w) Chapter 800, relating to lewdness and indecent exposure. (x) Section 806.01, relating to arson. (y) Section 810.02, relating to burglary. (z) Section 810.14, relating to voyeurism, if the offense is a felony. (aa) Section 810.145, relating to video voyeurism, if the offense is a felony. (bb) Chapter 812, relating to theft, robbery, and related crimes, if the offense is a felony. (cc) Section 817.563, relating to fraudulent sale of controlled substances, only if the offense was a felony. (dd) Section 825.1 02, relating to abuse, aggravated abuse, or neglect of an elderly person or disabled adult. (ee) Section 825.1025, relating to lewd or la~civious offenses committed upon or in the presence of an elderly person or disabled adult. (ff) Section 825.103, relating to exploitation ofan elderly person or disabled adult, if the offense was a felony. (gg) Section 826.04, relating to incest. (hh) Section 827.03, relating to child abuse, aggravated child abuse, or neglect of a child. (ii) Section 827.04, relating to contributing to the delinquency or dependency of a child. (ij) Former s. 827.05, relating to negligent treatment of children. (kk) Section 827.071, relating to sexual performance by a child. (11) Section 843.DJ, relating to resisting arrest with violence. (mm) Section 843.025, relating to depriving a law enforcement, correctional, or correctional probation officer means of protection or communication. (nn) Section 843.12, relating to aiding in an escape. (00) Section 843.13, relating to aiding in the escape of juvenile inmates in correctional institutions. (pp) Chapter 847, relating to obscene literature. (qq) Section 874.05(1), relating to encouraging or recruiting another to join a criminal gang. (rr) Chapter 893, relating to drug abuse prevention and control, only if the offense was a felony or if any other person involved in the offense was a minor. (ss) Section 916.1075, relating to sexual misconduct with certain forensic clients and reporting of such sexual misconduct. (tt) Section 944.35(3), relating to inflicting cruel or inhuman treatment on an inmate resulting in great bodily harm. (uu) Section 944.40, relating to escape. (vv) Section 944.46, relating to harboring, concealing, or aiding an escaped prisoner. (ww) Section 944.47, relating to introduction of contraband into a corrcctional facility. (xx) Section 985.701, relating to sexual misconduct in juvenile justice programs. (yy) Section 985.711, relating to contraband introduced into detention facilities. (3) The security background investigations under this section must ensure that no person subject to this section has been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense that constitutes domestic violence as defined in s. 741.28, whether such act was committed in this state or in another jurisdiction. History. s.47, ch. 95-228; s.16, ch. 96-268; s.22, ch. 96-322; 5.4, ch. 98-417; s.5, ch. 99-284; s.88, ch. 2000-153; s.7, ch. 2001-125; s.5, ch. 2004-267; s.4, ch. 2005-119; s.ll1, ch.2006-120; s.90, ch.2006-197; 5.110, ch. 2007-5; 5.3, ch. 2007-112; 5,66, ch. 2009-223; s.6, ch. 2010-31; 5.38, ch. 2010-114. [1] Section 58, ch. 2010-114, provides that "[t]he changes made by this act are intended to be prospective in nature. It is not intended that persons who are employed or licensed on the effective date of this act be rescreened until such time as they are otherwise required to be rescreened pursuant to law, at which time they must meet the requirements for screening as set forth in this act" ATTACHMENT#I PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST RFP #PR-20 12-7-18 Management of Soccer Programs Pursuant to the provisions of Paragraph (2) (a) of Section 287.133. Florida State Statutes -"A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a Contract to provide any goods or services to a public entity. may not submit a Bid on a Contract with a public entity for the construction or repair of a publiC building or public work. may not submit bids on leases of real property to a public entity. may not be awarded to perform work as a Contractor. supplier, Subcontractor, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount Category Two of Section 287.017. Florida Statutes, for thirty six (36) months from the date of being placed on the convicted vendor list". The award of any contract hereunder is subject to the provisions of Chapter I 12, Florida State Statutes. BIDDERS must disclose with their Bids, the name of any officer, director, partner, associate or agent who is also an officer or employee of the City of South Miami or it's agencies. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3)(a) , FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. I. This sworn statement is submitted to the City of South Miami by __________________________________________________ __ [print individual's name and title] for ------------------------------------------------------------[print name of entity submitting sworn statement] whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is _______ _ (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: .) 2. I understand that a "public entity crime" as defined in Paragraph 287.133 (I )(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to , any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (I )(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or 35 4. without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July I, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. I understand that an "affiliate" as defined in Paragraph 287.133 (I ) (a), Florida Statutes, means: (a) A predecessor or successor of a person convicted of a public entity crime; or (b) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in any person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133 (I )(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services led by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. if' ; 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] ___ Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. ___ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a publiC entity crime subsequent to July I, 1989. ___ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. {attach a copy of the final order.] 36 Continuation of Attachment # I Public Entity Crimes and Conflicts I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY INDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017. FLORIDA STATUTES. FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Sworn to and subscribed before me this Personally known or Produced identification (Type of identification) [signature] day of .20 ------------ Notary Public -State of ------------- My commission expires -------------- (Printed. typed or stamped commissioned name of notary public) Form PUR 7068 (Rev.06/11/92) 37 ATTACHMENT #2 DRUG FREE WORKPLACE RFP #PR-20 12-7-18 Management of Soccer Programs Whenever two or more Bids which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a Bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: I. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in Subsection (I). 4. In the statement specified in Subsection (I), notify the employees, that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of gUilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. PROPOSER's Signature: Print Name: Date: ------------------------------- 38 ATTACHMENT #3 No CONFLICT OF INTEREST/NoN-COLLUSION CERTIFICATION RFP #PR-20 12-7-18 Management of Soccer Programs Submitted this __ day of. ___________ , 20 ___ _ The undersigned, as Bidder/Proposer, declares that the only persons interested in this RFP are named herein; that no other person has any interest in this RFP or in the Contract to which this RFP pertains; that this response is made without connection or arrangement with any other person; and that this response is in every respect fair and made in good faith, without collusion or fraud. The Bidder/Proposer agrees if this response/submission is accepted, to execute an appropriate CITY document for the purpose of establishing a formal contractual relationship between the Bidder/Proposer and the CITY, for the performance of all requirements to which the response/submission pertains. The Bidder/Proposer states that this response is based upon the documents identified by the following number: Bid/RFP The full-names and residences of persons and firms interested in the foregoing bid/proposal, as principals, are as follows: Name Street Address City State Zip The Bidder/Proposer further certifies that this response/submission complies with section 4(c) of the Charter of the City of Miami, Florida, that, to the best of its knowledge and belief, no Commissioner, Mayor. or other officer or employee of the CITY has an interest directly or indirectly in the profits or emoluments of the Contract, job, work or service to which the response/submission pertains. Signature: ----------------------------- Printed Name: -------------------------------- Title: ---------------------------------- Telephone: -------------------------------- Company Name ----------------------------------- 39 Continuation of Attachment #4No Conflict of inter/Non-Collusion Certification NOTARY PUBLIC: STATE OF COUNTY OF ----------------------- The foregoing instrument was acknowledged before me this ___ day of _________ , 20 by ________________ (name of person whose signature is being notarized) who is SEAL Personally known to me, or Personal identification: Type of Identification Produced Did take an oath, or Did Not take an oath. (Name of Notary Public: Print, Stamp or type as commissioned.) FAILURE TO COMPLETE. SIGN. & RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE 40 ATTACHMENT #4 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS RFP #PR-20 J 2-7-J 8 Management of Soccer Programs TO THE CITY OF SOUTH MIAMI We, , (Name of Contractor), hereby acknowledge and agree that as Contractors for the Management of Soccer Programs RFP. as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South Miami against any and all liability, claims, damages, losses and expenses they may incur due to the failure of following individuals andlor entities (the Contractor shall not use subcontractor's): to comply with such act or regulation. CONTRACTOR Witness BY: ____________________________ _ Name Title FAILURE TO COMPLETE. SIGN, & RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE 41 ADDENDUM No. I Project Name: Management of Soccer Programs at South Miami Park RFP NO. #PR-20 12-7-18 Date: July 23, 2012 Sent: Fax/E-mail/webpage This addendum submission is issued to clarify, supplement and/or modify the previously issued Request for Proposals (RFP) Documents, and is hereby made part of the Documents. All requirements of the Documents not modified herein shall remain in full force and effect as originally set forth. It shall be the sole responsibility of the bidder to secure Addendums that may be issued for a specific solicitation. Question # I : First, will the city announce details of the evaluation committee in advance -how many people, who they are? Answer to Question # I : The Evaluation Committee and selection committee meeting will be determined by the City Manager at a later date. Question #2: Second, I see that the RFPs are due August 3 rd , and the city has "within 30 days" after the submission date, "to act upon them." Can you explain in precise detail what "to act upon" means? Does it mean the proposal submissions will have been evaluated, a recommendation by the City Manager will have been made, and the City Commission will have voted? Will the vendor be selected on or before 9/2 -which is 30 days after proposals are due? Answer to Question #2: The City Manager, hereinafter referred to as "the City", reserves the right to award the bid to the most responsive, responsible bidder who makes the best offer, subject to the approval of the City Commission, and subject to the right of the City to reject any and all bids, to waive any irregularity in the bids or bidding procedure and subject also to the right of the City to award bid and contract to bidders other than to the bid submitted with the highest monthly fee. Question #3: Third, is the RFP procedure the same: the evaluators rank the bids, their recommendation goes to the city manager, and the city manager makes a recommendation to the City Commission. Then the City Commission can accept or reject the recommendation. Is the process the same, or have there been any changes? Answer to Question #3: The RFP process is the same as the prior RFP. Question #4: Location of Park? Answer to Question #4: The City has identified the following park site for this solicitation: South Miami Park, 4300 SW 58 Avenue, South Miami FI, 33143, hereinafter referred to as South Miami Park and/or Soccer Complex. Question #5: Does this include concession operations? Answer to Question #5: Concession operations are not included in the scope for this solicitation. The Contractor shall provide drinking water for the Managed Soccer Program and portable toilets, at quantity and level sufficient for patrons of the Soccer Complex, the costs associated with disposal and maintenance of said portable toilets shall be at the Contractor's expense. 2 Question #6: Park Hours? Answer to Question #6: Park hours of operation are 9 AM to 8 PM Monday thru Sunday; park hours cannot extend beyond the listed hours of operation. All activities and occupation of the park and its parking lots shall cease at the closing of the park's operating hours. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. 3 Office of the City Manager July 17, 2012 Patrick Flood President South Miami United 5822 SW 50th Terrace Miami, Florida 33155 Subject: South Miami Soccer-Court Order Case Number: 12-25209-CA32 Dear Mr. Flood, On July 16, 2012, an order was signed by Circuit Court Judge Ellen l. Leesfield, declaring that the current permit issued by the City of South Miami to South Miami United is null and void and ordering the City of South Miami to issue a new Request For Proposal for a managed soccer program. Therefore, be advised that the permit issued to South Miami United is no longer in effect pursuant to the court's order. SinCe~eIY%/'-/J ./" /. I /,I~/ I Hector Mirabile, PhD City Manager Attachment: Circuit Court Order case number 12-25209-CA-32 South Miami bOd iim; 2001 6130 Sunset Drive South Miami, Florida 33143-5093 • Tel: (305) 663·6338 • Fax: (305) 663·6345 www.cityofsouthmiami.net IN THE CIRCUIT COURT OFTRE 11TH JUDICIAL CIRCUIT ill AND FOR MWJI-DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO: ·It .. ZS2 01· C/9 ~Z J'~1./7J./ ;1;11" l1u..z. C;te6 y G /l1t'.s7J SO C:C;G""d C',u~ -.:riVe. Plain tiff(s), VS, Defendant(s), _______ . _______________ J ORDER GRANTmG_~ P LAlli TIFF , S/i8re Ii; JI"ftiJ Md7.7o.<J -~-~ ;:9 ~ 7£ ~NI9 T IV c:- W,<..Ti THIS CAUSE having come on to be heard on _J~-:....:~=_=_/_Iy~.....:./:.........:::~-f-I-$-()-/ 2 ____ _ on Plaintiff's/~'s Motion and the Court having heard argument of counsel., and being otherwise advised in the premises, it is hereupon ORDERED A1ID ADJUDGED that said Motion be, and thl? same is hereby 7 #' C C Ou~ r --;;:-.7 .<J () 7 h" ~r T /i'.?' /W r;JH;AI' G;e .:;rA:1 4/#Tc,l/ 71/£ .l('Fr' .e&dCC:s.r ld..IfZ.L~h'#.P~c.L) v.;rc.c6L-r~ _7"C'e:lrt:.r.f)4 ~/.lUJ. :::rl!'" 7#C=-C.77,V· ...:7J To #/9Y?,_ 8' M;9A./;9~.tJ ~()CCfF;,( e£o G4&44 -7'T J"Oc.IT# A4.7;9UJ' r:'/9~k ~Ae. CZ7/v J/hctc; :TSJ'uE",4 Alttf.w o I RP;? .H/::Z: 7# ct./'/' ~d r'/l:r A'Tc:-7..7 #Ii=' ;if? A.i,2) r:'~ cJCC"/J (/te¢ DONE AND ORDERED iri Chambers at Miami-Dade County, Florida tbis ____ day of otL)-t<..,..,e""'tL-------~---· --.-----' "C4se 12"':l.S2 eca· c..A -'?2. OCl~ ~ .~ ~ "-_0 ___ 0 CIRCUIT COURT JUDGE IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORlDA GENERAL JURISDICTION DIVISION CASE NO: /2. .. 2,5 ~o9 ... C/1"32 Jo "T~ A.I...r,4~:r .G£.t!:"v &#0$7 S So cc Grt.. ct.t/$ . / -=1:,,, c. . PJalntiff(s), VS. Defendant(s). . / ORDER GRANTING.~ PLAINTIFF'S~~ A/I" 7...7cJ .u P () 4: ,e;,::;rc,c ,vA.:r 1:"1: 1tItf.3'r TIDS CAUSE having come on to be heard on _.......J=-...::;....J:....:;L:::..7-?-_/...,.:6=-r, ~~"'-'tJ'-'/.:..:c:.z.:=::.., __ _ on Plaintif{'siM?t. Motion ----,. , .- and the Court having heard argument of counsel, and being otherwise advised in the premises, it is hereupon ORDERED AND ADJUDGED that said Motion be, and th~ same is hereby :z-AI c Y A' ~ 0 d r..z-AI (5 /If',A.I.J> # w41't. ~.:z-4 G 4 /:?c£~...r7 ott-C:o,d7it.,4 cT Td/t., .rue /I ~teoGeI9~· ._-.::TILE t!,uVl.?N/ ~G";e/V/..r J.rJ'ut::~ .8 Y. //7C: C!Z7>/ 70 .J'!duT-/I N..T/7M.J.-t/d.:r7l:.Zl ~f !lEI2..E~J/ £)CC.L/Pte5L) ~"c:, ;4A.1t!J vo.Z".o ((\~OP'1 "'___ ,_ .' ,,, ___ /1 DON~~ERED in ~ambers at Miami-Dade County, Florida ihis_~ __ ._ day oV" . . l\)\. H,'I.U. . t . ees\\e\O t /I b) // 6tl.../)6"1L \\ell \... \.. rt. jUOc;}9 /:' //'~' e. ~J € 12-2.r .2 0'" t:. ~{~~ou 7. jjjU~~// '~ / f Clt 2. "r ~ CIROWT rj<T JUDGE Copies furnished to: Counsel of Record MIAMI DAIL V BUSINESS REVIEW Published Daily except Saturday. Sunday and Legal Holidays Miami, Miami·Dade County, Florida STATE ElF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared V. PEREZ, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review 1Ik/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI RFP # PR-2012-7-18 In the XXXX Court, was published in said newspaper in the issues of 07/20/2012 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said new~::v. Sworn to and subscribed before me this 20 day of JULY ,A.D. 2012 V. PEREZ personally known to me r-:::~pv#.- ;, .,i'~~~ (\ ~)~.·"'i ~'t"~,J"a Notary PubliC State of Florida Cheryl H Marmer My CommisSion EE 189528 Expires 07/1812016 Mari.a M. Mel)end~, CMC ···'SOUlh Miami Cityplerk • • .. ; 12·B.15611919923M From: Ce: Bee: Subject: Date: kulick, Steven P Sarah Diaz; Webster, John "Patrjck Flood"; "Javier Rodriguez"; I.rca@hotmail com; "jome@revosoccer,com"; "chrisd25@gmajl.com"; "scott,georgeson@soccer5usa,com" A Solicitation Has Been Advertised Friday, July 20, 2012 4:05:00 PM A solicitation is advertised and posted on the City's website: PROJECT NAME: RFP #PR-2012-7-18 "Management of Soccer Programs at South Miami Park RFP/RFQjLOI CLOSE DATE: Friday. August 3. 2012 at 10 AM Bid Advertisement: Once the Bid Solicitation is issued, the Cone of Silence goes into effect. The Cone of Silence begins when the bid is advertised and ends when the City Manager or designee issues a written recommendation for award. Potential bidders cannot discuss any aspect of a bid that has been advertised with City personnel during the Cone of Silence. All communication must be in writing. Pre-bid Meetings: The Cone of Silence is temporarily lifted at the beginning of the published start time and date. At the end of the pre-bid meeting, the Cone of Silence is reinstated. Bid Opening: Cone of Silence still in effect. Bid Proposals: Cone of Silence still in effect. Award: Cone of Silence lifted once written recommendation has been made publicly to the I' Commission by the City Manager. For any questions or concerns, please submit them to me in writing immediately. Regards, Steven Kulick, C.P.M. Purchasing Manager/Central Services City of South Miami 6130 Sunset Drive South Miami, FI 33143 Ph: 305/663-6339; Fax: 305/667-7806 DEMAND STAR, Broadcast List, Soccer RFP Member Name City of South Miami RFP-RFP #PR-2012-7-18- Bid Number 0-2012/SK Programs at South Bid Name Miami Park 313 item(s) found. [iJ Date ~ Member A2 Group, Inc.: Betty 7/24/20124:23 Ribas A2 Group, Inc.: Yesmin 7/24/20124:23 Cecilio ABL MANAGEMENT, INC: 7/24/20124:23 John D. Appleton Academic Health Plans: 7/24/2012 4:23 Judith Aung Academic Health Plans: 7/24/20124:23 Terry Lyons Advanced Data Systems: 7/24/20124:23 Jan Letchman Advanced Data Systems: 7/24/20124:23 Kathy Will Advanced Data Systems: 7/24/20124:23 Richard Mumford After School Programs, 7/24/2012 4:24 Inc.: Robert Liebman AIM Engineering & Surveying, Inc.: Melissa 7/24/20124:23 Foster fl rst I prevIous I next I Page 1 of 32 last Status ~ Fax Number/E-Mail Attributes Address 1. Hispanic Owned ribasb@a2group.c Complete Email om 2. Small Business 1. Hispanic Owned cecilioy@a2group. Complete Email com 2. Small Business sales@ablmanage Complete Email ment.com Judith.Baxter- Aung@AHPCare.co Complete Email m 1. Small Business Judith.Baxter- Aung@AHPCare.co Complete Email m 1. Small Business jletchman@adv- Complete Email data.net kwill@adv- Complete Email data.net rmumford@adv- Complete Email data.net rliebman@aspkids. Complete Email com mfoster@aimengr. Complete Email com THE MIAMI HERALD I MiamiHerald.clm SE SUNDAY, JULY 29, 2012 I 25SE SOUTH MIAMI Commission meeting gets contentious • BUDGET, FROM 3SE Mirabile said that despite the struggles with the econo- my, the city was in good fi- nancial health. This year, the city is "very close to coming to break-even" and even have "some little savings:' He said he had some concerns for next year. For the first time in the history of South Miami, the police department's cost is greater than the general fund revenues from property taxes, he said. Commissioners also rati- fied a budget and finance advisory committee Thes- day. Mirabile was not at the meeting, but in a letter to commissioners, he recom- mended that they disap- prove of Commissioner Walter Harris' appointee to the committee, composed of resident volunteers with ex- pertise in fmance. Harris appointed Yvonne Beckman. Mayor Philip Stoddard appointed Gabriel Edmond. Liebman appoint- ed Scott Fuhrman. Commis- sioner Valerie Newman ap- pointed Bradley CasseL Their terms end Sept. 30. Mirabile accused Beck- man of being biased against him because of his Cuban heritage. He cited emails where she and others re- ferred to him, Police Chief Orlando Martinez de Castro and Newman, who are all of Cuban heritage, as the "Cu- ban Mafia." "It is illegal in this country to discriminate on the basis of race, creed, sexual orien- tation or national origin," Mirabile said in the letter. Beckman said she was not discriminating against Mi- rabile and said that she likes Cubans. Stoddard disap- proved of Mirabile's letter and presented a response. In his letter addressed to Mira- bile, he said that his allega- tions of "hate crime" and "conspiracy" were extreme and inaccurate. "Conspiracy means that people are agreeing to com- mit a crime. No one has committed a crime here," Stoddard said. "In a demo- ing this week. Welsh said Newman and Mirabile's accusations lack weight. He has expressed publicly and in one of the flyers he hands out to city residents that he doesn't think Mirabile and Martinez de Castro have the city's best interest at heart. Earlier this month, Welsh called for a special meeting to propose a charter change that would allow voters to change the current form of government. Under the cur- rent city manager form of government, the chief finan- cia! officer and the police chief report to the city man- ager. Welsh's proposal would permanently give the commission more power over both offices. "We are the body that hears what the people want," Welsh said. "We want to make sure that the city's purchasing is being done properly and is getting a good price:' The commission as a whole wasn't convinced. Liebman said commission- ers were not equipped to manager, fIre him for cause, or if not, fIre him for no cause," Mirabile said at a meeting. Welsh said he disagreed with Mirabile, and he is de- termined to push for "pro- gressive change:' Stoddard is open to the "experiment:' "If the COIIlllllSSlon had agreed to do it, then there would be a proposal that would be put on the Novem- ber ballot," Stoddard ex- plained. "I think there are merits to the idea, so we are supporting a charter review committee." ~~~~~~~t~~~~~:rl~~~~~~~~~@~'~'~'~~~~~~~~~ and Martinez de Castro and . that both had proved com-.' "",,:, petent. City attorney Thom-'~ . as Pepe said the change would violate the police chief's contract. While discussing the bud- get process, Mirabile said that the current form of govern- ment was "crystal transpar- ent" and that changing it would create instability and chaos. "Don't change your char- ter. If you don't trust the city CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday, August 7. 2012. beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): cratic process, residents can r;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;~ get together and discuss ide-I An Ordinance amending the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use map category from Single Family Residential (Two Story) to Mixed Use Commercial Residential (Four·Story) for an area identified as 6443 SW 60 AVE. Folio ~ 09-4025-010·0050; 6443 SW 59 PL; Folio # 09-4025-010-0320 in conjunction with the Madison Square development project. as, even if they are planning. to propose a change in gov- ernment. That's allowed, and it's not a conspiracy." Newman was so upset that she shouted at Stod- dard, calling him a "liar." She also said that she was turn- ing in evidence of alleged discrimination to the De- partment of Justice and posting the emails on a new blog she planned on launch- An Ordinance amending the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use map category from Public Instijutional (Four Story) to Religious (Two Story) for an area identified as 6781 Sunset Drive (Fellowship Church) Folio: 09-4026-000-0130. An Ordinance amending the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use map category from Public Institutional (Four Story) to Religious (Two Story) for an area Identified as 6750 Sunset Drive (University Christian Church) Folio: 09-4035-000-0010. An Ordinance relating to budget; authorizing an increase of expense line item 201.1410.519.7210 Debt Service Fund Interest Expense in the amount of $175,205 from Debt Service Fund Balance. NEIGHBORS CALENDAR ADDITIONAL VPK CLASS NOW OPEN A Resolution authorizing the City Manager to award a five-year contract to American Appraisal Associates. Inc. for the inventory of the City's' fixed assets to be in compliance with GASB 34 fixed asset accounting standards. • CALENDAR, FROM 24SE 41st St.. Miami Beach. $17. 786-372-9430. www.yogathat.com. Zumba GOLD: Zumba by Fabi. Enjoy a 45 minute fun exercise class with low impact workouts for ACTIVE Seniors. 9:30 a.m. Aug. 4. Edward & Arlene Feller Community Room & Amphi- theater at Ludovici Park. 17641 Old Cutler Rd .. Palmetto Bay. $4 per session. 305-234-6383. www.palmettobay-fl.gov. Zumba in Cutler Bay: Come and enjoy Zumba dancing and exercising with others in Cutler Bay .. 7 p.m. July 31. Cutler Ridge Park and Pool. 10100 sw 200th St .. Cutler Bay. $5. 386-25ZUMeA. www.zumbawithfabi.com. car2go: A New Way of Getting Around Town: Stop by BARU Urbano Brickell for brunch and learn about car2go. Miami's newest carsharing service. Test drive' the cars. receive free registration and 30 minutes of free driving time. have the chance to win additional prizes. and enjoy free brunch (while supplies last) .. 10 a.m. July 29. earu Urbano. 10m S. Miami Ave .. Brickell. Free. miamLcar2go.com. • TURN TO CALENDAR, 26SE HURRY seats are limited! PRESCHOOL & ELEMENTARY K2-6TH GRADE A new fully digital curriculum for upper grades & smart boards in all classrooms. CALL US TODAY AT 305-238·1833 8900 SW 168TH STREET, PALMETTO BAY, FL 33157 CFACADEMY.ORG A Resolution authorizing the City Manager to award a 3-year contract yO the most responsive and responsible bidder for the City's Management of Soccer Programs at South Miami Park RFP. ALL interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at: 305-663-6340. Maria M. Menendez. CMC City Clerk Pursuant to Fbrlda Statutes 286.0105, the City hereby advises the publlc that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered atils meeting or hearing, he or she will need a record of the proceedings, an d that for such purpose, affected person may need to ensure that a verbatim record of the proceedings Is made which record Includes thetestirrwny and evidence upon which the appeal Is to be based • MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared MARIA MESA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING -AUGUST 7,2012 in the XXXX Court, was published in said newspaper in the issues of 07/27/2012 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate . 'on or refund for the purpose of securing' vertisement f publication in the said p~r'~ __ ~r-----~----__ 27 day of JULY ,A.D. 2012 MARIA MESA personally known to me Notary Public State of FlOrida Cheryl H Marmer My CommiSSion EE 189528 Expires 07118/2016