SOCCER RFP NO PR 2012 7 18 Evaluation Selection Committee Recommendationr • i4 I
RFP PR- 2012 -7 -18
MANAGEMENT OF SOCCER PROGRAMS RFP
Evaluation Selection Committee Combined Score
International
South Miami
Committee Member
Soccer Academy
Grey Ghost
Carmen Baker 60
89
Keith Ng 73
88
Carl Williams 92
96
Total Score 225
273
RFP Title: Mar
-nent of Soccer Programs South
PR-20112-
•
t • • experience, qualifications,
•
•
•
i
and past performance related to the
managing and operating of similar
• • - • • •
Points)
Relevant experience and qualifications
of personnel, • • key
personnel of • • • r
will be assigned to this project, and
experience r qualifications of
subcontractors.
Points)
Proposer's development plan, time
frame,
qualified staff to be assigned to the
facil • : i •
Points)
Proposed Guaranteed Monthly fee.
Points)
Total Score:
Additional Comments: f
a
�x
iql
Evaluation
■
each proposer is 100 points. The firm with the GREATEST total score shall be the top ranked firm
and the recommended proposer.
Proposer's experience, qualifications,
and past performance related to the
A. managing and operating of similar
sports facilities /programs.
(Max. 20 Points)
Relevant experience and qualifications
of key personnel, including key
personnel of any subcontractors, that
B. will be assigned to this project, and
/
f
experience and qualifications of
subcontractors.
Max. 20 Points
Proposer's development plan, time
frame, operation plan, number of
C. qualified staff to be assigned to the
facilities /programs.
(Max. 30 Points)
Proposed Guaranteed Monthly fee.
D.
(Max. 30 Points)
e • • • �i iA Iii ® omoi
Reviewed by.-
Date. e0 .
(Print Name) �(
inature)
,
Evaluation
Scoring Sheet
and past performance related to the
managing and operating of similar
Relevant experience and qualifGations
of key personnel, including key
personnel of any subcontractors, that
will be assigned to this project, and
experience and qualifications of
(Max. 20 Points)
Proposer's development plan, time
frame, operation plan, number of
qualified staff to be assigned to the
Proposed Guaranteed Monthly fee.
(Max. 30 Points)
Total Score:
Additional Comments:
-ftyiewed by:
(Print Name)
(Sigh
EXHIBIT # I MANAGEMENT OF SOCCER PROGRAMS AGREEMENT
RFP #PR- 2012 -7 -18 Management of Soccer Programs
-7030 k
THIS AGREEMENT is made between r , ,a Florida
corporation, ( "Contractor ") and the City of South Miami, a Florida municipa''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 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, 33 143. 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.
The Contractor shall provide continuous scheduled soccer programming at least six (6) Bays
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.
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.
)LPAYMENTS TO THE CITY , c, pea,. 4 cr- _I xi S
h y 44+7 v/-' r-e / -�e,,v e-,e- "r
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 1, 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
Price Proposal Sheet
4,01 Q111 1 [1011 r4ZOIN EL.114 1A rt
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 Annual
Amount
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 withholdings
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 -8 (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
constitutes 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 (21) 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, treed, color, national origin, religion, sex, familial status,
ethnicity, sexual orientation or disability. The Contractor shall comply with the Americans with
Disabilities Act
EQUAL EMPLOYMENT:_In 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 ora 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 ALIENS: _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
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 permitted 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:
To the .:
City Attorney, Thomas Pepe, Esquire
6130 Sunset Dr.
South Miami, FL 33143
Contractor's President/Partner or Managing
Address
will
Fax:
E -mail:
With copies by U.S. mail to:
Attorney for Contractor
IN WITNESS WHEREOF, the parties have signed this Agreement this_ day of
of 2012.
COMPANY NAME, a Florida corporation
By:
Signature of Witness , as its President,
General Partner or Managing Member
Iff
City Attorney
28
52