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'.;
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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.: _________ _
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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.
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8 WHEREAS, the City accepted sealed proposals for the Management of Soccer Programs
9 at South Miami Park; and
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11 WHEREAS, an Evaluation Selection Committee comprised of City personnel reviewed,
12 evaluated and ranked the proposals; and
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14 WHEREAS, the Evaluation Selection Committee recommended the most responsive and
15 responsible proposer for the 3-year contract; and
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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
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21 WHEREAS, the City will receive a minimum annual fee of $50,000, in accordance with
22 the terms of the Request for Proposal.
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24 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
25 CITY OF SOUTH MIAMI, FLORIDA:
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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.
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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.
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35 Section 3. Effective Date: This resolution shall take effect immediately upon
36 enactment.
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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:
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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,
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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.
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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.
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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
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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
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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
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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
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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.
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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.
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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
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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
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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.
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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.
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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.
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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.
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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
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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.
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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
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OIl
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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 -~-~
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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
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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
�$7 S So cc Grt.. ct.t/$ . /
-=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
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((\~OP'1 "'___ ,_ .' ,,, ___ /1
DON~~ERED in ~ambers at Miami-Dade County, Florida ihis_~ __ ._ day oV"
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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