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Res No 121-21-15741RESOLUTION NO. 121- 21-15 7 41 A Resolution authorizing the City Manager to negotiate and to enter into a multi- year agreement with Danny Berry's Baseball Camp, Inc. for the management of youth baseball program services at Palmer Park. WHEREAS, the City issued a Request for Proposal ("RFP") #PR2021-42 on Wednesday, August 11, 2021 for interested parties to provide youth co-ed baseball program management services over a five (5) year term at Palmer Park; and WHEREAS, the City received one (1) proposal that was evaluated by a Selection Committee ("the Committee") on Thursday, September 23, 2021. The Committee was comprised of Quentin Pough (committee chairperson), Director of Parks and Recreation; Jaime Adams, Assistant Director of Parks and Recreation; and, Yvette Valdes, Events and Senior Site Manager. Based on the final scores and rankings, the Selection Committee recommends Danny Berry's Baseball Camp, Inc ("Danny Berry Baseball"); and WHEREAS, Danny Berry's Baseball Camp, Inc. has been providing youth baseball services for over 25 years in Miami Dade County. Danny Berry Baseball currently offers services for the City of Miami Beach and Miami Beach JCC. Furthermore, Danny Berry Baseball recently completed an 8-month youth baseball program in 2021 for the City of South Miami. Staff found the program to be professionally staffed, well -organized, and competitive. According to the city's Finance Department, the company made payments in full and on time; and WHEREAS, the term of this agreement shall be for a period of three (3) consecutive years, with two (2) one (1) year renewals for a total of five -years. The Option -to -Renew is at the discretion of the City Manager; and WHEREAS, the City anticipates the start of this program to commence on Monday, January 10, 2022; and WHEREAS, Danny Berry Baseball proposes to pay the City $15,000 each year, totally $75,000 over a five (5) year term. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The foregoing recitals are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution upon adoption hereof. Section 2. The City Manager is hereby authorized to negotiate and to enter into a multi- year contract with Danny Berry's Baseball Camp, Inc. for the management of coed youth baseball program services at Palmer Park. The Option -to -Renew is at the discretion of the City Manager. Pagel of 2 Res. No. 121-21-15741 This prerogative may be exercised only when such continuation is clearly in the best interest of the City. Section 3. Corrections. Conforming language or technical scrivener -type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final resolution for signature. Section 4. Severability. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding will not affect the validity of the remaining portions of this resolution. Section S. Effective Date. This resolution will become effective immediately upon adoption. PASSED AND ADOPTED this 511 day of October, 2021. ATTEST: APPROVED: CITY C ERK AMAYOR i READ AND APP VED AS TO FORM, COMMISSION VOTE: 5-0 LANGUAGE, GA ITY, AND Mayor Philips: Yea EXECU HERE F Commissioner Harris: Yea Commissioner Gil: Yea Commissioner Liebman: Yea Commissioner Corey: Yea Page 2 of 2 Agenda item NoA. City Commission Agenda item Report Meeting Date: October 5, 2021 Submitted by: Quentin Pough Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: Subject: A Resolution authorizing the City Manager to negotiate and to enter into a multi -year agreement with Danny Berry's Baseball Camp, Inc. for the management of youth baseball program services at Palmer Park. 3/5 (City Manager -Parks & Recreation Dept.) Suggested Action: Attachments: Memo -Danny Berry Baseball (QP).docx Reso-Danny_Berry_Basebal I.docx Danny Berry Bid Document.PDF Selection Committee Score Sheets.pdf RFP Co -Ed Baseball Management Services 8.10.21 CArev.pdf DEMAND STAR Co ED YOUTH BASEBALL9.21.21.pdf Advertisement PR#2021-42.pdf Sun Biz Danny Berry Baseball 9.23.21.pdf MH ad.pdf CITY OF SOUTH MIAMI South Miami OFFICE OF THE CITY MANAGER THE CITY OF PLEASANT LIVING INTER -OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission FROM: Shari Kamali, City Manager Via: Quentin Pough, Director of Parks & Recreation DATE: October 5, 2013 SUBJECT: A Resolution authorizing the City Manager to negotiate and to enter into a multi -year agreement with Danny Berry's Baseball Camp, Inc. for the management of youth baseball program services at Palmer Park. BACKGROUND: The City issued a Request for Proposal ("RFP") #PR2021-42 on Wednesday, August 11, 2021 for interested parties to provide youth co-ed baseball program management services over a five (5) year term at Palmer Park, located at 6100 SW 67th Avenue, South Miami, FL 33143. The awarded contractor is responsible for organizational and administrative duties including, but not limited to the registration of participants, being financially responsible and accountable, coaching and mentoring within the sport of baseball, procuring equipment, uniforms and awards, providing a high level of customer service, as well as working in partnership with the City. In addition, the contractor shall offer and deliver a diverse youth coed baseball program, including recreational and summer camp services normally associated with the youth baseball industry. The City received one (1) proposals that was evaluated by a Selection Committee ("the Committee") on Thursday, September 23, 2021. The Committee was comprised of Quentin Pough (committee chairperson), Director of Parks and Recreation; Jaime Adams, Assistant Director of Parks and Recreation; and, Yvette Valdes, Events and Senior Site Manager. Based on the final scores and rankings, the Selection Committee recommends Danny Berry's Baseball Camp, Inc ("Danny Berry Baseball"). Copies of the final selection score sheets are attached. The final score and rankings are summarized below: Danny Berry's Baseball Camp, Inc. has been providing youth baseball services for over 25 years. Danny Berry Baseball currently offers services for the City of Miami Beach and Miami Beach JCC. Furthermore, Danny Berry Baseball completed an 8-month youth baseball program in 2021 for the City of South Miami. Staff found the program to be professionally staffed, well -organized, 1 2 CITY OF SOUTH MIAMI SoutTOkiami OFFICE OF THE CITY MANAGER THE CITY OF PLEASANT LIVING INTER OFFICE MEMORANDUM and competitive. According to the city's Finance Department, the company made payments in full and on time. TERM: The term of this agreement shall be for a period of three (3) consecutive years, with two (2) one (1) year renewals for a total of five -years. The Option -to -Renew is at the discretion of the City Manager. This prerogative may be exercised only when such continuation is clearly in the best interest of the City. The City anticipates the start of this program to commence on Monday, January 10, 2022. REVENUE: Danny Berry Baseball proposes to pay the City $15,000 each year, totally $75,000 over a five (5) year term. The previous contractor paid the City $12,000 annually. ATTACHMENTS: Resolution Bid Tabulation RFP PR2021-42 Danny Berry Bid Documents Selection Committee Score Sheets RFP #PR2021-42 Coed Youth Baseball Management Services Demand Star Solicitation Results Daily Business Review Advertisement Sun Biz Registration: Danny Berry's Baseball Camp, Inc. 2 3 PROPOSAL SUBMITTAL CHECKLIST FORM Co -Ed YOUTH BASEBALL MANAGEMENT SERVICES RFP #PR2021-42 This checklistindicates theforms and documents required to be submitted for this solicitation and to be presented by the deadline set for within the solicitation. Fulfillment of all solicitation requirements listed is mandatoryfor consideration of response to the solicitation. Additional documents may be required and, if so, they will be identified in an addendum to this Solicitation. The response must include the following items: The City will only receive submittals online and electronically through the Demand Star Electronic Bid System (E-Bidding). To register as a business, go to httPS'//network.demandstar.com/ The City, at! tsdiscretion, may X requesthardcopies ofproposalsreceivedfromaspecific Respondentorall Respondents. Respondents Minimum Requirements, EXHIBIT 1, Scope of Services, X X Attachment C. Comprehensive Proposal Checklist EXHIBIT 1, Scope of Services, X X Attachment D X Indemnification and Insurance Requirements, EXHBIT 2 X X Respondents Bid Form. EXHIBIT 3 x X Respondents Cost Et Technical Proposal, EXHIBIT 4 X X Signed Contract Documents (All - including General Conditions and Supplementary Conditions if attached) EXHIBIT 6 X X Respondents Qualification Statement X ListofProposed Subcontractors and Subconsultantsand Principal X _x_ Suppliers X Non -Collusion Affidavit X X Public Entity Crimes and Conflicts of Interest X X Drug Free Workplace X X Acknowledgement of Conformance with OSHA Standards X X Affidavit Concerning Federal ItState Vendor Listings X X Related Party Transaction Verification Form X X Presentation Team CleclarationlAffidavit of Representation X Submit this checklist along with your proposal indicating the completion and submission of each required forms and/or documents. END OF SECTION 15 of 69 Exhibit 1, Scope of Services, Attachment C EXHIBIT 1 SCOPE OF SERVICES ATTACHMENT C Co -Ed YOUTH BASEBALL MANAGEMENT SERVICES RFP #PR2021-42 "RESPONDENTS MINIMUM REQUIREMENTS" The following minimum requirements must be satisfied for a Respondent to be deemed eligible for and responsive by the City. Failure to meet each of the following qualification requirements, and/or failure to provide sufficient detail and/or documentation will result in the submittal being deemed non -responsive. THE RESPONDENT SHALL: 1. Be regularly engaged in the business of providing the services described in the RFP for a minimum of five (5) years prior to submitting a response to this RFP. Required Submittal: Three (3) client references displaying five (5) years in business, including name, contact information, length of services provided, and the actual services provided to the client referenced. 2. Provide proof of "active" status with the state of Florida Division of Corporations or that Respondent is currently seeking active status with the Florida Department of State, Division of Corporation. Required Submittal: Sunbiz.org report showing active status or correspondence with the Florida Division of Corporations showing progress toward establishing active status to the satisfaction of the Director . 3. Provide detailed description of the services included in the proposal. Required Submittal: Program description must include, but is not limited to: a. Coed Youth Baseball League (regular and post season) b. Summer Camp Program c. Competitive/Travel Baseball Program d. Training Clinics 4. List experienced, qualified key personnel as part of the organization. Required Submittal: Resumes, copies of certifications and licenses, and an organizational chart. END OF SECTION 53 of69 RESPONDENT QUALIFICATION STATEMENT Co -Ed YOUTH BASEBALL MANAGEMENT SERVICES RFP #PR2021-42 The response to this questionnaire will be utilized as partof the CITY'S overall Proposal Evaluation and RESPONDENT selection. I. Number of similar projects completed, a) In the past 5 years 3 In the past 5 years On Schedule 3 b) In the past 10 years 1 In the past 10 years On Schedule 1 II. List the last five (5) completed similar projects. a) Project Name: Danny Berry JCC Baseball Owner Name: Danny Berry OwnerAddress: 1225 N.E. 172 St. North Miami,Fla.33162 Owner Telephone: 305-281-0961 Original Contract Completion Time (Days): 27 Yrs. Original Contract Completion Date: 08/31 /2021 Actual Final Contract Completion Date: 08/31 /2021 Original Contract Price: $1000/Month Actual Final Contract Price: $1000/Month b) Project Name: Miami Beach Youth Baseball League Owner Name: City of Miami Beach Owner Address: 1700 Convention Center Drive Owner Telephone: Cynthia Casanova-305-673-7272 Original Contract Completion Time (Days): Original Contract Completion Date: OnGoin-R Actual Final Contract Completion Date: OnGoing Original Contract Price: Actual Final Contract Price $1250/Team c) Project Name: Owner Name: 16 of69 Miami Beach .lCC Paul Frishman CD Owner Address: 4221 Pine Tree Drive OwnerTelephone: 305-916-1019 Original Contract Completion Time (Days): 5 yrs Original Contract Completion Date: - 09/01/2020 Actual Final Contract Completion Date: _ 09/01/2020 Original Contract Price: _ Actual Final Contract Price: 70%/30%-Split _ 70%/30%-Split d) Project Name Owner Name: _ Owner Address: OwnerTelephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: _ Original Contract Price: Actual Final Contract Price: e) Project Name Owner Name: _ Owner Address: Owner Telephone: _ Original Contract Completion Time (Days): Original Contract Completion Date: _ Actual Final Contract Completion Date: _ Original Contract Price: Actual Final Contract Price: 17 or69 III. Current workload Project Name MBYouth Baseball1 Owner Name Telephone Number . . 1 . Contract Price 1 IV. The following information must be attached to the proposal. a) RESPONDENT's home office organization chart. b) RESPONDENT's proposed project organizational chart. c) Resumesof proposed key projectpersonnel, including on -site Superintendent. V. List and describe any: a) BankruptcypetitionsfiledbyoragainsttheRespondentoranypredecessororganizations, b) Any arbitration or civil or criminal proceedings, or Suspension of contractsor debarring from Bidding or Responding by any public agency brought c) against the Respondent in the last five (5) years VI. Government References: Listother Government Agencies or Quasi -Government Agencies for which you have done business within the past five (5)years. Name of Agency: City Of Miami Beach Address: 1700 Convention Center Drive Telephone No.: Contact Person: Type of Project: 305-673-72-72 Cynthia Casanova Baseball League 18 or69 N e- 8/30M21 Detail by Entity Name eP,.org Qgoammem of Stale I Division or Comore s / Search Re rM1s / Search by Enbly Name I Detail by Entity Name Florida Profit Corporation DANNY BERRY'S BASEBALL CAMP, INC. filing Information Document Number P94000050656 FEUEIN Number 65-0502774 Date Filed 07/08/1994 State FL Status ACTIVE Last Event CANCEL ADM DISS/REV Event Date Filed 04/1312009 Event Effective Date NONE Princirlal Address 1225 NE 172 STREET MIAMI, FL 33162 Changed: 03/02/2017 Mail* 9 Address 1225 NE 172 STREET MIAMI, FL 33162 Changed: 03/02/2017 &gi32ered9goat Name 8 Address BERRY, DANNY 1225 NE 172 STREET MIAMI, FL 33162 Name Changed:04/13/2009 Address Changed: 03/02/2017 Officer/Director Detail Name & Address Title P BERRY, DANNY 1225 NE 172 STREET MIAMI, FL 33162 se t-h.sunbiz.org/Inquiry/CorporaUmSearch/SearchResuhDatail7inquirytype=EnbtyName&directionTypa=lnihal&searchNameOrder DANNYBERRYS... 112 M "M021 Annual ReggM Report Year Filed Date 2019 04/11/2019 2020 03/04/2020 2021 04/07/2021 Document Imagpi O_M072021 —ANNUAL REPORT Kew image in PDF formal 031042020—ANNUAL REPORT Vim image m PCF fomnat 04/112019—ANNUAL REPORT View image in PDF format 032MO18—ANNUAL REPORT View mage in PDF femme 031'022017 — ANNUAL REPORT View image in PDF fomial 021162016—ANNUAL RFPORT View PDF formal 0Y202015 —ANNUAL REPORT View image in POF formal 02/25W14—ANNUAL REPORT View image in PDF formal 02202013—ANNUAL REPORT View image in PDF formal Q31212012 — ANNUAL REPORT Viow image In PDF formal Q4/042011 —ANNUAL REPORT View image in PDF fomnal 01 N62010—ANNUAL REPORT View image in PDF lomal 04/132009—CORAPREMP New image im POF formal 04/i2/2004—ANNUAL REPORT View image in POF formal OM 2003 —ANNUAL REPORT View image in PDF formal 03/142002—ANNUAL REPORT View Image m PDF format 012MOO1 —ANNUAL REPORT View image in PDF lrmat 07L262D00—ANNUAL REPORT View image in PDF formal 01040999 — ANNUAL REPORT Vices mag.m POF formal 03/09/1998 — ANNUAL REPORT View image in PDF lamat ON0611997 —ANNUAL REPORT Vow image in PDF formal 06/1111996—ANNUAL REPORT Vim image in PDF lormal OV13/1995—ANNUAL REPORT View image in PDF formal Detail by Entity Nam search.sunbiz.org/inquiry/CorpombonSearWSearch ResultDetail?inquiryoe=EntttyName&diredonType=Initial&search NameOrder=DANN YBERRYS... 212 Three Client References: 1. Tony Riccardi-917-282-8648 16440 NE 30th Ave. North Miami, Fla. 33160 email-triccardi@icloud.com His son has been in the Miami Beach Youth Baseball League and has coached in the league for several years 2. Tom Zur-786-351-2605 5 Island Ave. Miami Beach, Fla. 33139. Emaii- thomaszur@yahoo.com. His son also has been involved In the Miami Beach Youth Baseball League and Tom has coached as well 3. Laura Kramarz- 561-302-5872- 3053 Orange Miami,Fla. 33133. Email- IrsgatorCalgmail.com has been in my Kendall Program since the age of three. Comprehensive Proposal Checklist Exhibit 1,Scope of Services, Attachment D EXHIBIT 1 SCOPE OF SERVICES ATTACHMENT D Co -Ed YOUTH BASEBALL MANAGEMENT SERVICES RFP #PR2021-42 "COMPREHENSIVE PROPOSAL CHECKLIST" Company Name (please print): Danny Berry Baseball Phone: 305-281-0961 Email: buslOballs@aol.com A comprehensive proposal / response package numbered by page must be submitted. In the underlined section below please place the page number of your package where the required information is located. If the item is not applicable, please write N/A. SECTION 1: EXPERIENCE AND PROPOSER"S QUALIFICATIONS ❑ Provide a complete historyand description ofyourcompany, including, but not limited to, the number of years in business, size, number of employees, office location, copy of licenses and certifications, credentials, capabilities and capacity to meet the City's needs. PAGE # 1 ❑ Describe proposer's relevant knowledge and experience in providing the services described in the `Scope of Services' to public or private agencies. PAGE # 1 ❑ Provide sample practice plan for any youth age group displaying planned drills, skill sessions and time spent in each area. PAGE # 2 SECTION 2: KEY PERSONNEL ❑ Provide a resume or summary of qualifications, copy of licenses, certification and/or memberships, and experience of all proposed key personnel. PAGE # 3 ❑ Provide an organizational chart of all key personnel. PAGE # 3 SECTION 3: PROJECT APPROACH AND METHODOLOGY ❑ Describe in detail, yourapproach to perform the services solicited. Indicate how the Proposer intends to work with the City, positively and innovatively, by providing the services outlined in the RFP. PAGE # 4 54 of 69 Provide a detailed description of the services, including but not limited to: 1) Coed Youth Baseball League (regular and post season) 2) Summer Camp Program 3) Competitive/Travel Baseball Program 4) Training Clinics PAGE # 5 O Provide a detailed fee structure for all programs, clinics, and camps. Include any scholarship opportunities, sibling discounts, or other fee adjustments if applicable. PAGE #! 0 Provide comprehensive plan of how you will implement the proposed services. Include a description ofyourlaborand equipment resources (i.e. equipment, volunteersu PAGE # oyees). SECTION 4: PAST PERFORMANCE AND REFERENCES 0 Provide a minimum of three (3), but no more than five (5), references. Ideally all references should be from public sector agencies, particularly municipal/local government and from which the proposer has performed similar services within the past five (5) years. Please include 1.) client name, 2.) address, 3.) contact name, 4.) contact telephone number, 5.) contact email address, 6.) term of contract (start and end date), 7.) contract amount, 8.) services provided. DO NOT include work/service performed for the City of South Miami gor use City employees as references. PAGE # 0 Provide a list, including contact information, of previous clients, if any, that have discontinued use of the Proposer's services, and why, within the past five (5) years. The City reserves the right to contact any reference as part of the evaluation process. PAGE # N/A_ Cl Please identify all incidents within the last five (5) years where a civil, criminal, administrative, orother similar proceeding was filed or is pending against you. PAGE # N/= END OF SECTION 55 of 69 00 r Section 1: Experience and Proposer's Qualifications History Danny Berry's Baseball has been in business for 27 years. The firm was established in the summer of 1994, originating as a Summer Camp at Suniland Park. In September of 1994, Danny Berry's Baseball Camp moved to the campus of The Dave and Mary Alper 1CC. With humble beginnings, the facility had only one field, no bathrooms, no concession stand and a dirt parking lot. In the 27t' year, the facility now has 5 fields, a permanent bathroom facility, a paved parking lot, 10 batting cages with lights, five fields with lights and a fully equipped concession stand. Knowledge The firm is extremmly knowledgle in youth sports as evidenced by our track record of 27 years. Danny Berry leads the firm in this capcity and provides significant training to employee coaches, as well as, volunteer participant coaches. Our firm has experiened every type of situation in youth sports within our 27 years and that experience has equipped our staff to be prepared for almost any type of occurrence. We manage situations by communicating clearly and administering swift solutions. Our staff regularly partipants in coaching clinics and we interview former professionals in the field to maintain state of the art techniques. Danny Berry Baseball provides the ideal setting for a youngster's initiation into the National pastime in a "no pressure"fun filled atmosphere. One of South Florida's most popular youth coaches, Danny Berry creates a world of fun for boys and girls through a wide variety of leagues, clinics and baseball. The number of employees that the firm retains is contigent upon enrollment size. In a typical year, our staff would range from 5 to 15 employees based on the number partipiants. 1 Danny Berry Baseball Practice Plan sample 5:00-5:10-Warm up and Stretch 5:10-5:20-Throw and Catch 5:20-5:35-Ground ball drills 5:35-5:40-Infield work on Double plays -Outfield work on cutoffs 5:40-6:15-Catchers and Pitchers work -Infielders and outfield take Batting Practice 6:15-6:45-Intersquad game 6:45-7:00-work on baserunning, running Thru 1b, and dips and turns 2b. N Section 2: Key Personnel President and Owner Danny Berry • Graduated from Miami Killian High School -1981 • Has B.A. in Small Business Management from University of South Fla. • Manager of Red Berry Baseball World-1985-1994 • owner of Danny Berry Baseball Camp Inc 1994-Present Danny Berry has been managing youth baseball programs since June 1994. In addition to just running youth recreational leagues, I have also run youth travel leagues, youth tournaments, Adult Softball leagues and have been in charge of running charitable events. 3 N N JEFF COMINSKY 13212 SW 144th Terrace, Miami, FL 33186 (786)627-7700 jcominsky@hotmaii.com OBJECTIVE To obtain a challenging position that takes advantage of my leadership and proven track record of working within a target -driven environment. E):PERIENCE Firefighter, Miami Dade Fire Rescue Nov. 2018 - Present • EMT Certified • BLS Certified • CPR Certified Provide emergency services and community support. Owner/operator, All Star Party World Sep. 2014 - Present Create and manage children's birthday party place from logo conception to action and operation of day to day business. Hire and manage a staff of six Dart -time emolovees including the training of each M N Philip Chiddllo (786)232-7057 1 pchickillol@aol.com I Miami, Fl EDUCATION Florida International University — Miami Degree: Bachelor of Accounting j Masters: Physical Education July 1998 Valley City State University — North Dakota Degree: Bachelor of Science in Education May 1994 WORK EXPERIENCE Leewood Elementary — Teacher William Lehman Elementary - Teacher Kendale Lakes Sports Camp- Owner DB's Sports Camp - Camp Director Technical Skills: Microsoft Office (Word, Excel, PowerPoint) Languages: Fluent in English Miami, Florida August 1994 — June 1995 Miami, Florida August 1995 - Present Miami, Florida June 2005 — 2013 June 2016 — Present Pitching Lessons Private Lessons I Team Lessons I Clinics Ages: 9u & up Scan to see schedule: o.. ❑ s••� For more info contact: i 786.409.1717 adamisargent@gmail.com mw LO N Danny Berry Baseball Organizational Chart Section 3: Project Approach and Methology Exhibit I, Scope of Services, Attachment D Section 3: Project Approach and Methodology We intend to perform my services by hiring the right personnel for each program. The coaches who are training players in our leagues are given a strict code of conduct that must adhere to or the coach will not be able to continue in the league. Our Summer staff will always be our own coaches who will be responsible, enthusiastic and positive role models to the campers. Most important, we believe communication is very important, not only with our clientele but with the city of South Miami administration and staff as well. As for equipment, we have the resources to provide all the equipment necessary, including a utility vehicle and storage. 4 00 Program Descriptions: A. Jan -May Coed Baseball Ages 3-12 • Intro to Baseball-3yrs • Pee Wees (T-Ball) 4-5yrs • 6U-Coach Pitch • 7U-Coach Pitch • 8U-Coach Pitch • 9U-Kids Pitch • 10u-Kids Pitch • llu-Kids Pitch • 12U-Kids Pitch We will have an awards ceremony for each division at the end of the season B. June —August Summer Camp Program Camp hours will be from 9:00 a.m. -12: Noon C. Competitive Travel Teams -Jan — May We will have try outs for players to try to make our Diamondbacks Teams. Teams will be put into the Palmer League to compete against other teams. D. Clinics and Tournaments -Jan- August Will conduct various clinics (Pitching and Hitting Clinics). Will also have tournaments thru out the year. Will give City notice of when Tournaments will take place. 5 PIM Danny Berry Baseball Fee Structure Coed Baseball Leagues January thru May • Team registration $1400 • Individual Registration $285 • Danny Berry Diamondbacks Travel Teams $950 • 10% Sibling Discount Summer Camp June -August • $150/Week • 10% sibling discount Clinics • $75/Player • 10% Sibling Discounts Tournaments • $350/Team (Each team pays umpire at home plate) 6 Exhibit 1, Scope of Services, Attachment D Comprehensive Plan At Danny Berry Baseball Camp Inc., we perform our services by hiring the right personnel for each program. Safety of the participants remains our number priority when conducting a program. The coaches who are selected to manage the teams coming into our leagues will be given a strict code of conduct that must adhered to if they wish to continue in the league. We foster an inclusive environment that is focused on developing the participants' skills, building self-esteem while having fun. Our representatives are monitoring the field of play during the League regular schedule to ensure our stringent standards are met. Most importantly, we believe communication is very important, not only with our clientele but with the city of South Miami administration and staff as well. Our Summer staff are highly trained, employee coaches who are responsible, enthusiastic and positive role models to the campers. As for equipment, we have the resources to provide all the equipment necessary, including a utility vehicle and storage. Our future goals for this program are to create a Girls' Softball program, as well as, holding several local tournaments at Palmer Park. We are grateful that the reputation of Danny Berry Baseball Camp Inc., is one that is grounded in positively impacting the lives of children in South Florida. We execute this by showing care for each and every participant and ensuring that there is fair playing field, supported by adult mentors. Our goal is to create an atmosphere that allows parents and players to build friendships and lasting memories for a lifetime. 7 T- rM RESPONDENT QUALIFICATION STATEMENT Co -Ed YOUTH BASEBALL MANAGEMENT SERVICES #PR2021-42 The response to this questionnaire will be utilized as partof the CITY'S overall Proposal Evaluation and RESPONDENT selection. I. Number of similar projects completed, a) In the past 5 years 3 In the past 5 years On Schedule 3 b) In the past 10 years In the past 10 years On Schedule 11. List the last five (5) completed similar projects. a) Project Name: Danny Berry JCC Baseball Owner Name: Danny Berry Owner Address: 1225 N.E. 172 St. North Miami,Fla.33162 Owner Telephone: 305-281-0961 Original Contract Completion Time 27 Yrs. (Days): Original Contract Completion Date: 08/31 /2021 Actual Final Contract Completion Date: 08/31 /2021 Original Contract Price: $1000/Month Actual Final Contract Price: $1000/Month b) Project Name: Miami Beach Youth Baseball League Owner Name: City of Miami Beach Owner Address: 1700 Convention Center Drive Owner Telephone: Cynthia Casonova 305-673-7272 Original Contract Completion Time (Days): Original Contract Completion Date: On Going Actual Final Contract Completion Date: On Going Original Contract Price: Actual Final Contract Price $1,250/Team c) Project Name: Miami Beach JCC Owner Name: Paul Frishman 16 of 69 8 N M Owner Address: 4221 Pine Tree Drive OwnerTelephone: _ 305-916-1019 Original Contract Completion Time (Days): Actual Final Contract Completion Date: -O9/01/2O2O Original Contract Price: _ 70%/30% Split Actual Final Contract Price: d) Project Name: _ Owner Name: _ Owner Address: OwnerTelephone: _ Original Contract Completion Time (Days): _ Original Contract Completion Date: _ Actual Final Contract Completion Date: _ Original Contract Price: _ Actual Final Contract Price: _ e) Project Name: _ Owner Name: Owner Address: Owner Telephone: _ Original Contract Completion Time (Days): _ Original Contract Completion Date: _ Actual Final Contract Completion Date: _ Original Contract Price: _ Actual Final Contract Price: _ 17 o(69 M M Indemnification and Insurance Requirements Exhibit 2 F -- A�� d CERTIFICATE OF LIABILITY INSURANCE 8116�011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder le an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or he endorsed. N SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endamement(s). PRowlmt Coaau Preminlnsurenet Group. Inc 902 ❑:nt Moore Rd Suihe 112 Dora ltalan FL 33457 NAME: Rahn Siler MONE 561.995-9577 f; AooNEss: cenificaoalempigeolhaions.com ENV NaURER1el AFFORDING COVERAGE NAIC• RIaaamA: HANOVER AMERICAN DNS CO. 36064 mum DANNY BERRY BASEBALL CAMP. INC. 1225 HE 172ND ST MIAMI FL 33162 mus se e: UNITED STATES FIRE INS. CO. 21113 MaURERC: INSURERD: eIS11RER E: wauRERF: COVERAGES CER71FICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCL JSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. In TYPE "INSU81 m plSp MIVO POMYNUYBER MMm 1MOHI A x COt1YFRGALOENFAl1LLMa1llIY CUASMME DR]OCCURPREMISES ABUSE=MILL OCCII MILL AGO Y 19LB1864 03402021 03/102022 EPCNOCCURR@ICE S 1,000,000 EeOamMee S 10D.000 X NEp IE%P lAroone pirwnl a PERSONN.a ADV MAXLY i 1.000,000 GENII. de AGGREGATE LMIT APPLIES PER POLICY �JECT �LOC OTHER: GENERAL AGGREGATE S ?,000,OW PROOt1LTs-LOMPgP AGG a 1.000.000 PARTICIPANTS L 1.000,000 AUTOMOSAE lJABflaIY ANY AUTO OWNS) WHMULED AUTOS ONLY AUT08 HIRM NON.OWNED AUTOSONLY AUTOS ONLY Ee avJdenh S 8004.Y INJURY(INu pie.) It BODILY INJURY(Pera2 a S PM ecWo�p 4 S mISMIJULMs UCESSLMS OCCUR CUIMSAMDE EACH OCCURRENCE S AGGREGATE a DED I IRETENTIMS a I'DIRKERS COMPENSATION EMPLOYERSLMBILIIY Y!N PROPRIETOP/PARINERIEXECUITVE� ERIM CEMSER MULIDW? In NH) I .daeonw I~ SCNIPIIONGFOPERATIONSe NIA STATIfE ER E.L. EACH ACCIDENT S El. DISEASE - EA EMPLOYEE S EL.OISEASE-POUCYUMIT S B Accidcm-Mcdicul AD&D US1353395 03/1012021 03/102022 Exccu Covcmgc AD&D 100.000 100,000 DESCRITIONWOPETMTIONSILOCATIONSIV CLES IAODRD 101, MdItIond ftawns SCNedate, my 4P Alleethed Nman epics H niumd) add,mial insured is:'i'he City ol'South Miami The City of South Miami el W S.W. 67 Ace South Miami. Fla. 33143 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Rabtrl5UA, All dahts reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD LO Cl) Respondent Bid Form Exhibit 3 M EXHIBIT 3 Co -Ed YOUTH BASEBALL MANAGEMENT SERVICES RFP #PR2021-42 RESPONDENTS BID FORM THIS PROPOSAL IS SUBMITTED TO: Shari Kamali City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 I. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of South Miami in theform included in this Solicitation Package and to perform andfurnish all work asspecified or indicated in this Solicitation, including as set forth in Exhibit f (Scope of Services, AttachmentA, B, C & D) for the Proposed Price as set forth below, within the Contract Time and in accordance with the other terms and conditions of the Solicitation Package. 2. Respondent accepts all of the terms and conditions of the Solicitation and instructions to Respondents, including withoutlimitation those dealing with the disposition of Proposat/Bid Bond, if required. This Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening. The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the form of contract thatis a partof the Solicitation package with appropriate changes to conform to the information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if required by this Solicitation, required insurance documents, and other documents required by the Solicitation, including the Contractif not already submitted, within ten (10) calendar days after the date of theCity's Noticeof Award, failure to timely deliver the documents may result, at the City's option, in rejecting this proposal and awarding thecontractto the next highest ranked Respondent, orrejecting all proposals. 3. In submitting this Proposal, Respondent represents that: a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda, if any (receipt of all which is hereby acknowledged.) Addendum No. Dated: o 2 b. Respondent has familiarized himself with the nature and extentof the Contract Documents, the proposed work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. c. Respondenthasgiven the Citywritten noticeofall conflicts, errorsordiscrepanciesthatithasdiscovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice given, the Respondent represents, by submitting its proposal to the City, that the Respondent has received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to Respondenthnd thatthe Respondentwaives any claim regarding theconflicts, errors or discrepancies. d. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted pursuant to any agreement or rules of any group, association, organization, or corporation; Respondent has not directly or indirectly induced or solicited any other Respondentto submitafalseorsham Proposal; Respondenthas not solicited or induced anyperson, firm or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to obtain for itself any advantage over any other Respondent or over the CITY. e. RESPONDENT'S PROPOSAL PRICE, (PAYMENTS TO THE CITY), IS SET FORTH IN EXHIBIT 4, RESPOINDENTS COST & TECHNICAL PROPOSAL 60 of69 4. Insert the following information for future communication with you concerning this Proposal: RESPONDENT: Address: Telephone: Facsimile: Contact Person Danny Berry 305-281-0961 N/A Danny Berry 5. The terms used in this Proposal which are defined in the Contract have the same meaning as is assigned to them in the Contract Documents, unless specifically defined in this Solicitation Package. 6. JfaRespondent'sCost&TechnicalProposal,EXH1B/T4isrequiredbytheSolicitation,Respondent hereby certifies under penalties of perjury thatall of the facts and responses to the questions posed in the Cost li Technical Proposal, if such an exhibit Is made apart of the Solicitation, are true and correct and are hereby adopted as partof this Respondents Bid Form, and are made apart of this proposal, by reference. 7. This proposal issubmittedby, Dann Be whose addressis 1225 NE 172 St. North Miami Fla. 331 , whose telephone number is -281- whose fax number is N /A , whose email address is buslaballs@aol.com and whose authorized representative signing this Bid Form is Danny Berry whose tide is President 8. By submitting this proposal, I, for myself and on behalf of the business, hereby agree to the terms of the form of contract contained in the Solicitation package and agree to be bound by those terms, with any appropriate blank boxes, if any, checked and any blank lines filled in with the appropriate information contained in the Solicitation Documents and this Proposal, or such information that the City and 1 have agreed upon in the course of contract negotiations and that has been confirmed by the City in writing, including e-mail confirmation, if any. I hereby certify under penalties of perjury that 1 am the lawful representativeof the businessenaty referenced in thisBid Form, that[ haveauthorityto bidforthatentity, that I have authority to sign contracts for that entity and bind it to those contract terms and that all of the ormation and representations contained herein are true and correct GJ- 5 .2j5 1;Lo2.1 Signat Date executibn END OF SECTION 61 of69 M South Miami THE CITY OF MASANT MANG ADDENDUM No. #1 Project Name: Co -Ed Youth Baseball Management Services RFP NO. PR2021-42 Date: September 3, 2021 Sent: Fax/E-mail/webpage This addendum submission is issued to clarify, supplement and/or modify the previously issued Solicitation, 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. UESTION #1 Do you want the responses ordered using the Proposal Checklist Form or in the same order of how the RFP was delivered? RESPONSE: The Proposal Checklist indicates the forms and documents required to be submitted for this solicitation and to be presented by the deadline set for within the solicitation. You may use the Proposal Checklist as a guide to submit the required forms and documents in the order of the checklist QUESTION #2 Page. 3 — Does the Schedule of Values does apply to this proposal? If it does, can you help with the definition of it? RESPONSE: No, the Schedule of Values does not apply to this solicitation. QUESTION #3 On Page 57. Exhibit 3 Respondents Bid Form on question 3a. Are we submitting an addendum number and does it currently pertain to this proposal? RESPONSE: The "Addendum" section on Exhibit 3 is for Respondents to indicate receipt of any Addendums issued for this solicitation. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR A SPECIFIC SOLICITATION. EXHIBIT SCOPE OF SERVICES ATTACHMENT A Co -Ed YOUTH BASEBALL MANAGEMENT SERVICES RFP #PR2021-42 The Scope of Services (also be referred to as the "Work") and described as: Coed Youth Baseball Management Services. The location of the Work shall be at the City of South Miami's Palmer Party located at 6100 SW 67 Avenue, South Miami, Florida 33143. The Work includes all goods and services necessary to complete the task CONTRACTOR has been hired to perform, whether specifically described in the Scope of Work or not. City Responsibilities: Excluding City recognized holidays, the City's Parks and Recreation Department will perform ground landscape maintenance, including mowing, line trimming, etc. and will drag the fields Monday through Friday, and line/chalk the fields twice during the week for scheduled regular season baseball games. Baseball field maintenance will be completed, Monday through Friday only, between normal working hours. Typical working/business hours are between 7:00 AM and 3:00 PM, excluding City recognized holidays. Schedule is subject to change. In addition, the City's Parks and Recreation Department will perform janitorial services/cleaning and stock the restroom facilities on site once per day during the weekdays, Monday through Friday only, excluding City recognized holidays. The Contractor may request additional ball field maintenance outside of normal working hours (if staff is available) to be billed at the rate set in the City's Schedule of Fees. THE City WILL NOT LINE/CHALK FIELDS FOR SUMMER CAMP PROGRAM SESSIONS. THE CITY IS NOT RESPONSIBLE FOR THE DAMAGE OR THEFT OF STOLEN EQUIPMENT. CONTRCT COMMENCEMENT DATE: THE ANTICIPATED COMMENCEMENT DATE FOR THIS CONTRACT IS MONDAY, JANUARY 10, 2022. Program Date and Times: The specific dates and times for contracted work are illustrated below. Any changes to the schedule shall be submitted seven (7) business days in advance for approval by the Director of Parks and Recreation or his/her designee. Program Schedule League Regular Schedule: January (begins 2"d Monday,) —June (ends I' Saturday_) Area Monday Tuesday Wednesday Thursday Friday Saturda Field I 4:00-9:00 4:00-9:00 4:00-9:00 4:00-9:00 4:00-9:00 9:00a-6:00 Field 2 4:00-8:00 4:00-9:00 4:00-9:00 4:00-9:00 4:00-9:00 9:00a-6:00 Field 3 4:00-8:00 4:00-9:00 4:00-9:00 4:00-9:00 4:00-9:00 9:00a-6:00 Field 4 4:00-9:00 4:00-9:00 4:00-9:00 4:00-9:00 4:00-9:00 9:00a-6:00 Field 5 4:00-9:00 4:00-9:00 4:00-9:00 4:00-9:00 4:00-9:00 9:00a-6:00 Batting Cage 4:00-9:00p 4:00-9:00p 4:00-9:00p 4:00-9:00p 4:00-9:00p 9:00a-6:00p 3806fw Summer Camp: June — August — begins and ends based on Miami -Dade Calendar School Schedule Area Monday Tuesday Wednesday Thursday Friday Field 2 9:00a-3:00 9:00a-3:00 9:00a-3:00 9:00a-3:00 9:00a-3:00 Field 3 9:00a-3:00 9:00a-3:00 9:00a-3:00 9:00a-3:00 9:00a-3:00 Field 4 9:00a-3:00 9:00a-3:00 9:00a-3:00 9:00a-3:00 9:00a-3:00 Batting Cage 9:00a-3:00p 9:00a-3:00p 9:00a-3:00p 9:00a-3:00p 9:00a-3:00p Contractors Responsibilities: I. act as an independent contractor; and 2. develop, promote, and manage all coed youth baseball related programs at Palmer Park, including practices, leagues, competitions, training, camps and clinics for participants of all abilities, which meet the overall policy direction and approval of the Director of Parks and Recreation; and NOW 3. provide a safe, high quality, and customer -oriented operation with well -maintained equipment and experienced staff, and 4. conduct baseball operations at Palmer Park, 6100 SW 67' Avenue, South Miami, FL 33143. The site is provided in as -is condition. The site consists of five (5) youth - sized baseball/softball fields, ten (10) dugouts, sport field lights and two (2) batting cages. There are on -site restrooms and bleachers for guests. The management and operation of the Concession Stand is not included in this agreement; and 5. obtain and furnish to the City, Background screening for all personnel and volunteers of who provide any service for the Youth baseball Program and the Youth Baseball instruction/training summer camp. The screening must be in compliance with Level II Background Screening and fingerprinting requirements as per Exhibit 1, Scope of Services, Attachment B, `Background Employment Screening;" Chapter 435 including but not limited to Florida Statute 435.04, Employment Screening, prior to the scheduled start of employment or volunteerism. A violation of this requirement is a substantial breach of the agreement; and 6. provide the Director, or his/her designee, with a written program schedule prior to each regular season, playoff season and summer camp program; and 7. recruit, train, compensate, and assign staff and volunteers to perform all tasks associating with conducting baseball operations. The term "staff' includes employees, volunteers, coaches, game officials (umpires), scoreboard operators, scorekeepers, site supervisors, and anyone else necessary to adequately perform the scope of work; and 8. ensure that employees are distinctively uniformed to be distinguishable as a selected Contractor staff and not City employees and ensure that personnel and volunteers wear identification approved by the Director, or his/her designee. Identification must be on his/her own person during operations of the program and must be produced for inspection at the request of the City; and 9. hire and compensate City of South Miami off -duty police officer(s) to provide security services for Youth Baseball Management Programs if determined necessary by the Director, or his/her designee; and 10. have game umpire(s) comply with all regulation in the current Florida High School Athletic Association (FHSAA) rule book or provide youth league rules and regulations which must be approved by the Director, or his/her designee; and I I . assess program fees that are practical and consistent with industry standards; all fees must be approved by the Director of Parks and Recreation or his/her designee; and 12. submit any documents and/or marketing materials, not limited to flyers, banners, advertisement related to Baseball Programs to the Director or the Director's designee for final approval prior to distribution; and Caws 13. provide uniforms for all players and umpires, awards and trophies for players on teams that finish in first place and second place; and 14. maintain documentation required by the City to establish that the baseball programs and services 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 Baseball Programs; and 15. maintain Palmer Park in a safe, clean, sanitary, and workable condition; and 16. provide a qualified, on -site manager or designee who must be available during normal business hours and on call, at all times, for emergencies or other matters related to the Baseball Program; and 17. be responsive (within 48 businesslworking hours) to correspondence from the City, program participants, coaches and volunteers, and all other stakeholders involved in the program; and 18. ensure that all on -site supervisors have First Aid, CPR and AED Certifications; and 19. furnish temporary storage facilities for the purpose of accommodating baseball program operations. Storage facilities that are approved by the Director or the Director's designee can remain on site during operating season. Storage type and designated location at park must be approved by the Director or the Director's designee; and 20. if required, drag and chalk/line fields at Contractor's expense during the regular season on Saturdays in between games, and line/chalk fields for summer camp program session as needed; and 21. prevent all of its personnel, including volunteers, from engaging in any activities involving the baseball program without having passed a background screening to the satisfaction of the City; and 22. ensure that the Contractor, all of its personnel and anyone affiliated with the Contractor, including but not limited to its clients, and their family and friends, vacant the premises, including the parking lots, each day after the ending of the Baseball Programs operating hours; and 23. subleasing is prohibited under this agreement; and 24. immediately remove and suspend any staff member, participant, volunteer, or guest who engages in a physical altercation or any member associated with the summer camp program who the Director of Parks and Recreation (or his/her designee) determines to have committed an inappropriate act; and W of 86 25. Payments to the City: Fifty percent (50%) of the contractual payment to the City is due on the 5th day of February, and the remaining fifty percent (50%) on the 5` of July. If this date falls on a weekend (Saturday or Sunday), the agreed annual amount is due no later than 4:00 PM on the following Tuesday. All Payments must be delivered to the City's Finance Department located at City Hall, 6130 Sunset Drive, South Miami, FL 33143. II. Pricine and Fee Schedule: Respondents shall submit pricing and fee schedules reflecting payments to the City, and in accordance with the Scope of Services, in Exhibit 4, Respondents Cost and Technical Proposal. Minimum bid of $15,000 annually shall apply. The City will not accept bids any less than the minimum bid of $ I S, 000 annually. III. Term: The contract term shall be three (3) years with two (2) one (1) year renewals for a total of five -years. The renewals are at the discretion of the City Manager. IV. Respondents Minimum Requirements: Respondents "Minimum Requirements" are provided as Exhibit I, Scope of Services, Attachment C "Minimum Requirements." The requirements listed must be satisfied by a Respondent to be deemed eligible for and responsive to the City. Failure to provide sufficient detail and/or documentation will result in the submittal being deemed non -responsive. V. Comprehensive Proposal Checklist: In addition to the "Proposal Checklist Form" on Page IS of this RFP, Respondents must submit a comprehensive proposal / submittal response package numbered by page with your submittal to the City. Please refer to Exhibit 1, Scope of Services, Attachment D. Please follow the applicable instructions to complete this checklist. END OF SECTION 42 of 8s EXHIBIT I SCOPE OF SERVICES ATTACHMENT B Co -Ed YOUTH BASEBALL MANAGEMENT SERVICES RFP #PR2021-42 "BACKGROUND EMPLOYMENT SCREENING" Chapter 43S, Florida Statute 43S.04 42 of es FLORIDA STATUTES CHAPTER 435 EMPLOYMENT SCREENING 435.01 Applicability of this chapter; statutory references; rulemaking. 435.02 Definitions. 435.03 Level I screening standards. 435.04 Level 2 screening standards. 435.05 Requirements for covered employees and employers. 435.06 Exclusion from employment. 435.07 Exemptions from disqualification. 435.08 Payment for processing of fingerprints and state criminal records checks. 435.09 Confidentiality of personnel background check information. 435.10 Sharing of personnel information among employers. 435.11 Penalties. 435.12 Care Provider Background Screening Clearinghouse. 435.01 Applicability of this chapter; statutory references; rulemaking.— (1)(a) Unless otherwise provided by law, whenever a background screening for employment or a background security check is required by law to be conducted pursuant to this chapter, the provisions of this chapter apply. (b) Unless expressly provided otherwise, a reference in any section of the Florida Statutes to chapter 435 or to any section or sections or portion of a section of chapter 435 includes all subsequent amendments to chapter 435 or to the referenced section or sections or portions of a section. The purpose of this chapter is to facilitate uniform background screening and, to this end, a reference to this chapter, or to any section or subdivision within this chapter, constitutes a general reference under the doctrine of incorporation by reference. (2) Agencies may adopt rules to administer this chapter. History.—s. 47, ch. 95-228; s. 35, ch. 2010-1 14. 435.02 Definitions. —For the purposes of this chapter, the term: (1) "Agency" means any state, county, or municipal agency that grants licenses or registration permitting the operation of an employer or is itself an employer or that otherwise facilitates the screening of employees pursuant to this chapter. If there is no state agency or the municipal or county agency chooses not to conduct employment screening, "agency" means the Department of Children and Families. (2) "Employee" means any person required by law to be screened pursuant to this chapter, including, but not limited to, persons who are contractors, licensees, or volunteers. 43 of as (3) "Employer" means any person or entity required by law to conduct screening of employees pursuant to this chapter. (4) "Employment" means any activity or service sought to be performed by an employee which requires the employee to be screened pursuant to this chapter. (5) "Specified agency" means the Department of Health, the Department of Children and Families, the Division of Vocational Rehabilitation within the Department of Education, the Agency for Health Care Administration, the Department of Elderly Affairs, the Department of Juvenile Justice, the Agency for Persons with Disabilities, and local licensing agencies approved pursuant to s. 402.307, when these agencies are conducting state and national criminal history background screening on persons who work with children or persons who are elderly or disabled. (6) "Vulnerable person" means a minor as defined in s. 1.01 or a vulnerable adult as defined in s. 415.102. History.—s. 47, ch. 95-228; s. 207, ch. 99-8; s. 36, ch. 2010-1 14; s. 9, ch. 2012-73; s. 257, ch. 2014-19; s. 10, ch. 2015-79. 435.03 Level I screening standards.— (1) All employees required by law to be screened pursuant to this section must undergo background screening as a condition of employment and continued employment which includes, but need not be limited to, employment history checks and statewide criminal correspondence checks through the Department of Law Enforcement, and a check of the Dru Sjodin National Sex Offender Public Website, and may include local criminal records checks through local law enforcement agencies. (2) Any person required by law to be screened pursuant to this section must not have an arrest awaiting final disposition, must not have been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, and must not have been adjudicated delinquent and the record has not been sealed or expunged for, any offense prohibited under s. 435.04(2) or similar law of another jurisdiction. (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. 15, ch. 96-268; s. 21, ch. 96-322; s. 3, ch. 98-417; s. 87, ch. 2000-153; s. 45, ch. 2000-349, s. 62, ch. 2001-62; s. 50, ch. 2003- 1, s. 4, ch. 2004-267; s. 3, ch. 2005-1 19; s. 89, ch. 2006-197; s. 61, ch. 2006-227, s. 109, ch. 2007-5; s. 16, ch. 2008-244; s. 37, ch. 2010-1 14; s. 34, ch. 201 1-4. 435.04 Level 2 screening standards.— M of go (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 of Investigation, 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 fingerprinting 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. (e) Vendors who submit fingerprints on behalf of employers must: 1. Meet the requirements of s. 943.053; and 2. Have the ability to communicate electronically with the state agency accepting screening results from the Department of Law Enforcement and provide the applicant's full first name, middle initial, and last name; social security number or individual taxpayer identification number; date of birth; mailing address; sex; and race. (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 final 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) Section 415.1 1 1, relating to adult abuse, neglect, or exploitation of aged persons or disabled adults. (d) Section 777.04, relating to attempts, solicitation, and conspiracy to commit an offense listed in this subsection. (e) Section 782.04, relating to murder. % of IN (f) Section 782.07, relating to manslaughter, aggravated manslaughter of an elderly person or disabled adult, or aggravated manslaughter of a child. (g) Section 782.071, relating to vehicular homicide. (h) Section 782.09, relating to killing of an unborn child by injury to the mother. (i) Chapter 784, relating to assault, battery, and culpable negligence, if the offense was a felony. (j) Section 784.011, relating to assault, if the victim of the offense was a minor. (k) Section 784.03, relating to battery, if the victim of the offense was a minor. (1) Section 787.01, relating to kidnapping. (m) Section 787.02, relating to false imprisonment. (n) Section 787.025, relating to luring or enticing a child. (o) Section 787.04(2), relating to taking, enticing, or removing a child beyond the state limits with criminal intent pending custody proceedings. (p) 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 delivering the child to the designated person. (q) Section 790.1 15(1), relating to exhibiting firearms or weapons within 1,000 feet of a school. (r) Section 790.1 15(2)(b), relating to possessing an electric weapon or device, destructive device, or other weapon on school property. (s) Section 794.011, relating to sexual battery. (t) Former s. 794.041, relating to prohibited acts of persons in familial or custodial authority. (u) Section 794.05, relating to unlawful sexual activity with certain minors. (v) Chapter 796, relating to prostitution. (w) Section 798.02, relating to lewd and lascivious behavior. (x) Chapter 800, relating to lewdness and indecent exposure. (y) Section 806.01, relating to arson. (z) Section 810.02, relating to burglary. (aa) Section 810.14, relating to voyeurism, if the offense is a felony. (bb) Section 810.145, relating to video voyeurism, if the offense is a felony. (cc) Chapter 812, relating to theft, robbery, and related crimes, if the offense is a felony. (dd) Section 817.563, relating to fraudulent sale of controlled substances, only if the offense was a felony. (ee) Section 825.102, relating to abuse, aggravated abuse, or neglect of an elderly person or disabled adult. W of 8s (ff) Section 825.1025, relating to lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled adult. (gg) Section 825.103, relating to exploitation of an elderly person or disabled adult, if the offense was a felony. (hh) Section 826.04, relating to incest. (ii) Section 827.03, relating to child abuse, aggravated child abuse, or neglect of a child. (jj) Section 827.04, relating to contributing to the delinquency or dependency of a child. (kk) Former s. 827.05, relating to negligent treatment of children. (11) Section 827.071, relating to sexual performance by a child. (mm) Section 843.01, relating to resisting arrest with violence. (nn) Section 843.025, relating to depriving a law enforcement, correctional, or correctional probation officer means of protection or communication. (oo) Section 843.12, relating to aiding in an escape. (pp) Section 843.13, relating to aiding in the escape of juvenile inmates in correctional institutions. (qq) Chapter 847, relating to obscene literature. (rr) Section 874.05, relating to encouraging or recruiting another to join a criminal gang. (ss) 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. (tt) Section 916.1075, relating to sexual misconduct with certain forensic clients and reporting of such sexual misconduct. (uu) Section 944.35(3), relating to inflicting cruel or inhuman treatment on an inmate resulting in great bodily harm. (vv) Section 944.40, relating to escape. (ww) Section 944.46, relating to harboring, concealing, or aiding an escaped prisoner. (xx) Section 944.47, relating to introduction of contraband into a correctional facility. (yy) Section 985.701, relating to sexual misconduct in juvenile justice programs. (zz) 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 arrested for and is awaiting final disposition of, 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. (4) For the purpose of screening applicability to participate in the Medicaid program, the security background investigations under this section must ensure that a person subject to screening under this section has not been arrested for and is not awaiting final disposition of; a of 8s has not been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to; and has not been adjudicated delinquent and the record sealed or expunged for, any of the following offenses: (a) Violation of a federal law or a law in any state which creates a criminal offense relating to: 1. The delivery of any goods or services under Medicaid or Medicare or any other public or private health care or health insurance program, including the performance of management or administrative services relating to the delivery of goods or services under any such program; 2. Neglect or abuse of a patient in connection with the delivery of any health care good or service; 3. Unlawful manufacture, distribution, prescription, or dispensing of a controlled substance; 4. Fraud, theft, embezzlement, breach of fiduciary responsibility, or other financial misconduct; 5. Moral turpitude, if punishable by imprisonment of a year or more; or 6. Interference with or obstruction of an investigation into any criminal offense identified in this subsection. (b) Violation of the following state laws or laws of another jurisdiction: 1. Section 817.569, criminal use of a public record or information contained in a public record; 2. Section 838.016, unlawful compensation or reward for official behavior; 3. Section 838.021, corruption by threat against a public servant; 4. Section 838.022, official misconduct; 5. Section 838.22, bid tampering; 6. Section 839.13, falsifying records; or 7. Section 839.26, misuse of confidential information. (c) Violation of a federal or state law, rule, or regulation governing the Florida Medicaid program or any other state Medicaid program, the Medicare program, or any other publicly funded federal or state health care or health insurance program. History.—s. 47, ch. 95-228; s. 16, ch. 96-268; s. 22, ch. 96-322; s. 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. 2005-1 19; s. I 11, ch. 2006-120; s. 90, ch. 2006-197; s. 110, ch. 2007-5, s. 3, ch. 2007-1 12; s. 66, ch. 2009-223; s. 6, ch. 2010-31; s. 38, ch. 2010-1 14; s. 10, ch. 2012-73; s. 4, ch. 2013-80; s. 6, ch. 2014-84; s. 4, ch. 2014-194; s. 3, ch. 2016-162; s. 19, ch. 2017-37; s. 89, ch. 2018-24. END OF SECTION 18 of 86 EXHIBIT 2 Co -Ed YOUTH BASEBALL MANAGEMENT SERVICES RFP #PR2021-42 Insurance & Indemnification Requirements Insurance A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) must 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 FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub-contractor/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. B. No insurance required by the CITY may be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization is at the CITY's sole and absolute discretion. The FIRM must purchase insurance from and must maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FIRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Sub-contractor/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: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. Firm's Insurance Generally. The FIRM must provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the "Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must include: Employers' Liability at the statutory coverage amount. The FIRM must further ensure that all of its Sub-contractor/sub-consultants maintain appropriate levels of Worker's Compensation Insurance. Commercial Comprehensive General Liability insurance with broad form endorsement, as well as 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: $5,000 per person, $9 of as • Property Damage: $500,000 each occurrence; Umbrella Commercial Comprehensive General Liability insurance must be written on a Florida approved form with the same coverage as the primary insurance policy but in the amount of $1,000,000 per claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: • Premises and Operation • Independent Contractors • Products and/or Completed Operations Hazard • Explosion, Collapse and Underground Hazard Coverage • Broad Form Property Damage • Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. • Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. Business Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of Florida, and must include: • Owned Vehicles. • Hired and Non -Owned Vehicles • Employers' Non -Ownership Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract must contain the same insurance provision as set forth in these insurance and indemnification requirements, other than the Fire and Extended Coverage Insurance and substituting the word Sub-contractor/sub-consultant for the word FIRM where applicable. Fire and Extended Coverage Insurance (Builders' Risk), IF APPLICABLE: A. In the event that this contract involves the construction of a structure, FIRM must maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad" form/All Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of construction, including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies must also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of the insured property. The policy must be in the name of the CITY and the CONTRACTOR, as their interest may appear, and must also cover the interests of all Sub- contractor/sub-consultants performing Work. B. All of the provisions set forth in the Miscellaneous section below apply to this coverage unless it would be clearly not applicable. 30 of as Miscellaneous: A. If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM Is responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM must eliminate or reduce such deductible or the FIRM must procure a Bond, in a form satisfactory to the CITY covering the same. C. The policies must contain waiver of subrogation against CITY where applicable, must expressly provide that such policy or policies are primary over any other collectible 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 must contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY as well as contractual liability provision covering FIRM's duty to indemnify the City as provided in this Agreement. D. Before starting the Work, the FIRM must deliver to the CITY and CONSULTANT certificates of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy, including the declaration page and all applicable endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer must be rated A.VII or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue insurance in the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as defined in Article I of this document) which must include the declaration page and all required endorsements. In addition, the FIRM must deliver, at the time of delivery of the insurance certificate, the following endorsements: (1) a policy provision or an endorsement with substantially similar provisions as follows: "The City of South Miami is an additional insured. The insurer must pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily injury", 'property damage', or "personal and advertising injury" and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B", (2) a policy provision or an endorsement with substantially similar provisions as follows: "This policy must not be cancelled (including cancellation for non-payment of premium), terminated or materially modified without first giving the City of South Miami ten (10) days advanced written notice of the intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification must be delivered to the City by certified mail, with proof of delivery to the City." If the FIRM is providing professional services, such as would be provided by an architect, engineer, attorney, or accountant, to name a few, then in such event and in addition to the above requirements, the FIRM must also provide 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 becomes 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 must 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. No insurance may be BS of 8N issued by a surplus lines carrier unless authorized in writing by the city at the city's sole, absolute and unfettered discretion. Indemnification Requirement A. FIRM accepts and voluntarily incurs all risks of any injuries, damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of FIRM or anyone acting through or on behalf of FIRM. B. FIRM must indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of FIRM, its contractor/sub-contractor/sub-consultant or any of their officers, directors, agents, representatives, employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement, incident to it, or resulting from the performance or non-performance of FIRM's obligations under this AGREEMENT. C. FIRM must pay all claims, losses and expenses of any kind or nature whatsoever, in connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates, employees, successors and assigns, including their attorney's fees, in the defense of any action in law or equity brought against them and arising from the negligent error, omission, or act of FIRM, its Sub- contractor/sub-consultant or any of their agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to or resulting from the performance or non- performance of FIRM's obligations under this AGREEMENT. D. FIRM agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns are to 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 FIRM, its contractor/sub-contractor/sub-consultant or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing, approving or rejecting any submissions or acts of FIRM, CITY in no way assumes or shares responsibility or liability for the acts or omissions of FIRM, its contractor/sub-contractor/sub-consultant or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. E. FIRM has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld. F. However, as to design professional contracts, and pursuant to Section 725.08 (1), Florida Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph must apply and this subparagraph must set forth the sole responsibility of the design professional concerning indemnification. Thus, the design professional's obligations as to the City and its agencies, as well as to its officers and employees, is to indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. END OF SECTION 32 of 26 EXHIBIT 3 Co -Ed YOUTH BASEBALL MANAGEMENT SERVICES RFP #PR2021-42 RESPONDENTS BID FORM THIS PROPOSAL IS SUBMITTED TO: Shari Karnali City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 1. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of South Miami intheformincluded in this Solicitation Package and to perform andfurnish all work asspecified or indicated in this Solicitation, including as set forth in Exhibit f (Scope of Services, AttochmentA, B, C & D) for the Proposed Price asset forth below, within the Contract Time and in accordance with the other terms and conditions of the Solicitation Package. 2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents, including withoutlimitation those dealing with the disposition of Proposal/Bid Bond, if required. This Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening. The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the form of contract thatis a partof the Solicitation package with appropriate changes to conform to the information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if required by this Solicitation, required insurance documents, and other documents required by the Solicitation, including the Contractif notalready submitted, within ten (10) calendar days after the date of theCity's Noticeof Award, failure to timely deliver the documents may result, at the City's option, in rejecting this proposal and awarding the contract to the next highest ranked Respondent, or rejecting all proposals. 3. In submitting this Proposal, Respondent represents that: a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda, if any (receipt of all which is hereby acknowledged.) Addendum No. I Dated: $ 1.2 -4 LJ,o Z 1 b. Respondent has familiarized himself with the nature and extentof the Contract Documents, the proposed work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. c. RespondenthasgiventheCitywrittennoticeofallconflicts, errorsordiscrepanciesthatithasdiscovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice given, the Respondent represents, by submitting its proposal to the City, that the Respondent has received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to Respondentand thatthe Respondent waives anyclaim regarding theconflicts, errors or discrepancies. d. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted pursuant to any agreement or rules of any group, association, organization, or corporation; Respondent has not directly or indirectly induced or solicited any other Respondentto submita falseorsham Proposal; Respondentaas notsolicited orinduced anyperson, firm or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to obtain for itself any advantage over any other Respondent or over the CITY. e. RESPONDENT'S PROPOSAL PRICE, (PAYMENTS TO THE CITY), IS SET FORTH IN EXHIBIT 4, RESPOINDENTS COST & TECHNICAL PROPOSAL 60 of69 -- 23 of 26 4. Insert the following information for future communication with you concerning this Proposal: RESPONDENT: Danny Berry Address: Telephone: 305-281-0961 Facsimile: N/A Contact Person Danny Berry 5. The terms used in this Proposal which are defined in the Contract have the same meaning as is assigned to them in the Contract Documents, unless specifically defined in this Solicitation Package. 6. Ifa Respondent's Cost B Technical Proposal, EXH/8lT4 is required by the Solicitation, Respondent hereby certifies under penalties of perjury thatall of the facts and responses to the questions posed in the Cost & Technical Proposal, if such an exhibitis made a partof the Solicitation, are true and correct and are hereby adopted as partof this Respondents Bid Form, and are made apart of this proposal, by reference. 7. This proposalis submitted by Danny Berry whose addressis 1225 NE 172 St. North Miami Fla. 3316L whose telephone number is -281- whose fax number is N/A , whose email address is buslOballs@aol.com and whose authorized representative signing this Bid Form is Danny Berry whose title is President 8. By submitting this proposal, I, for myself and on behalf of the business, hereby agree to the terms of the form of contract contained in the Solicitation package and agree to be bound by those terms, with any appropriate blank boxes, if any, checked and any blank lines filled in with the appropriate information contained in the Solicitation Documents and this Proposal, or such information that the City and I have agreed upon in the course of contract negotiations and that has been confirmed by the City in writing, including e-mail confirmation, if any. I hereby certify under penalties of perjury that I am the lawful representativeof the businessentityreferenced in thisBid Form, thati haveauthorityto bid forthatentity, that I have authority to sign contracts for thatentity and bind it to those contract terns and that all of the Ataormation and representations contained herein are true and correct GJ- 51,2 a� 7Sign�a�t Date f executibn END OF SECTION 61 of69 _ 24 of 26 EXHIBIT 4 Co -Ed YOUTH BASEBALL MANAGEMENT SERVICES RFP #PR2021-42 RESPONDENTS COST fit TECHNICAL PROPOSAL Minimum bid of $15,000 annually shall apply. The City will not accept bids any less than the minimum bid of $15,000 annually. Respondents to this RFP must complete and include the Respondent's Cost and Technical Proposal, in accordance with Exhibit 1, Scope of Services,AttachmentA, B, CreDwith their submittal. Failure to do so will render the Proposal non -responsive and the Proposal will be rejected from further consideration. Respondents must submit a "Lump Sum" proposal representing payments tothe Cityfor each year of the proposed five-year agreementfor: Regular League Schedule (January - May) and Summer Camp Schedule (June -August). Acontractwill be awarded for a three (3) year period. At the discretion of the CityManager, the contract may be extended for two (2) one (1) year options -to -renew, for a total of five (5) consecutive years. A: REGULAR LEAGUE SCHEDULE (JANUARY - MAY) YEAR 1 $9375 YEAR 2 $9375 YEAR 3 $9375 YEAR 4 $9375 YEAR 5 $9375 SUB TOTAL: $46875 B: SUMMER CAMP SCHEDULE (JUNE - AUGUST) YEAR 1 $5625 $5625 $5625 YEAR 2 YEAR 3 YEAR 4 $5625 YEAR 5 $5625 SUB TOTAL: $28125 TOTAL A & B $75,000 62 of 69 25 of 26 SUBMITTED THIS DAY OF 20 PROPOSAL SUBMITTED BY: 3052810961 Danny Berry Baseball Camp Inc. Company Danny Berry of Person Authorized to Submit Proposal Signatu Press nt Title Telephone Number NIA Fax Number Bus10Balls@aol.com Email Address END OF SECTION 63 of69 - - - 26 of 26 EXHIBIT 6 SERVICE AGREEMENT Co -Ed YOUTH BASEBALL MANAGEMENT SERVICES RFP #PR2021-42 THIS CONTRACT, entered into this 5 day of OCTOBER. 2021, by the CITY OF SOUTH MIAMI through its Manager, both of whom will be hereinafter referred to as the "CITY" where applicable; located at 6130 Sunset Drive, South Miami, FL. E-mail: skamali _southmiamifl.gov and DANNY BERRY BASEBALL CAMP. INC. with an office and principal place of business located at 1225 NE 172 Street, North Miami. 33162, and E- mail address of busloballs(a)aol.com and Facsimile transmission number of (hereinafter called the "CONTRACTOR"). WHEREAS, the CITY needs Co-ED YOUTH BASEBALL MANAGEMENT SERVICES and desires to retain CONTRACTOR to provide the required services based on CONTRACTOR's representations which reflect that CONTRACTOR is qualified and capable of providing said services in a professional and timely manner and in accordance with the CITY's goals and requirements; and WHEREAS, CONTRACTOR has agreed to provide the required services in accordance with the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: Engagement of Contractor: Based on the representations of CONTRACTOR as set forth in CONTRACTOR'S Bid Form, EXHIBIT 3, and Contractors Cost & Technical Proposal, EXHIBIT 4 (collectively referred to as CONTRACTOR'S Proposal): (1), the CITY hereby retains CONTRACTOR to provide the services set forth in said proposal, as modified by the Contract Documents, or as is otherwise set forth in the Contract Documents defined below (all of which is hereinafter referred to as the Work"). (2) Contract Documents: The Contract Documents include this Contract and the following documents, as well as any attachments or exhibits that are made a part of any of those documents Scope of Services, (EXHIBIT I, Attachments A, B, C & D) CITY's Insurance & Indemnification Requirements, EXHIBIT 2 Contractor's Bid Form, EXHIBIT 3 Contractors Cost & Technical Proposal, EXHIBIT 4 This Contract, the Scope of Services, (EXHIBIT 1, Attachments A, B, C & D) and the CITY's Insurance & Indemnification Requirements (Exhibit 2) take precedence over the CONTRACTOR's Bid Form, EXHIBIT 3, and Cost & Technical Proposal, EXHIBIT 4 (3) Date of Commencement: CONTRACTOR must commence the performance of the Work under this Contract on the date specified in a Notice to Proceed, or Purchase Order, (hereinafter referred to as the "Work Commencement Date"). Time is of the essence. This AGREEMENT does not confer on the CONTRACTOR any exclusive right to perform work on behalf of the CITY other than the work described in the Scope of Services, nor does it obligate the CITY in any manner to guarantee work for the CONTRACTOR. (4) Primary Contacts: The Primary Contact Person in charge of administering this Contract on behalf of the CITY is the City Manager ("Manager"), assistant Manager, or the Manager's designee, who will be designated in a writing signed by the Manager. The Primary 1 of 26 Contact Person for CONTRACTOR and his/her contact information is as follows: Name: DANNY BERRY e-mail: busloballsC&-aol.com; Fax: Street Address: 1225 NE 172 Street, North Miami, 33162. (5) Scope of Services: The services to be provided are as set forth in the Scope of Services, EXHIBIT 1, Attachments A, B, C & D, Bid Form, Exhibit 3 and Cost & Technical Proposal, EXHIBIT 4 that is accepted by the City Manager, or as amended in writing by mutual consent of the CITY and CONTRACTOR and signed by the City Manager. (6) Compensation: The CONTRACTOR must compensate the CITY for CONTRACTOR's right to operate the CITY's Baseball programs under the terms and provisions of this Contract, (hereinafter referred to as the Contract Price) as set forth in CONTRACTOR's Bid Form, EXHIBIT 3 and Cost & Technical Proposal, EXHIBIT 4 or as amended by mutual consent of the CITY and CONTRACTOR. (7) Time Provisions: The term of this Contract will commence on the Work Commencement Date and will continue for three (3) years and the Contract may be extended by an additional two (2) one (1) year renewal extension if the extension is in writing and signed by the City Manager. An extension of the term of this Contract is at the CITY's sole and absolute discretion. In any event, and notwithstanding any other provision to the contrary in this Agreement, or any attachments thereto, this Agreement may not exceed a total term of five (5) years, including any extensions thereto. (8) Termination: This Contract may be terminated without cause by the CITY with 30 days of advanced written notice and, in such case, the termination effective date will be the 31 st day following receipt of the notice of termination. This provision supersedes and takes precedence over any contrary provisions for termination contained in the other Contract Documents. If the CONTRACTOR fails to make full and timely payment, or commits a material breach of the contract the CITY may terminate the contract termination of the contract and award the contract to another individual or entity and the CITY is authorize to take over the program and has the right to solicit the participation of the same individuals who were participating with the CONTRACTOR. (9) Participants. CONTRACTOR may not restrict a participants ability to participate in another program and CONTRACTOR may not include in any agreement with a Participant a forfeiture clause that causes the Participant's forfeiture of any fees paid by the Participant to the CONTRACTOR for services not performed by the CONTRACTOR. (10) Applicable Law and Venue: Florida law applies to the interpretation and enforcement of this Contract. Venue for all proceedings is in Miami -Dade County, Florida. (I 1) Duties and Responsibilities: CONTRACTOR must comply with all applicable laws, ordinances, codes, rules, regulations, and health and safety standards of any governmental body having jurisdiction over any matter related to this Contract or the services to be performed hereunder, and may not commit any trespass on any private property in performing any of the work embraced by this Contract. Each and every provision and clause required by law to be inserted in, or made part of, this Contract will be deemed to be inserted herein and this Contract will be read and enforced as though such provisions and/or clauses were included herein. All services must be performed by the CONTRACTOR to the satisfaction of the City Manager or manager's designee, who will decide all questions, difficulties and disputes of whatever nature which may arise under or by reason of this Agreement, the prosecution and fulfillment of the services, and the character, quality, amount and value. The CITY's decisions upon all claims, 2 of 26 questions, and disputes will be final, conclusive, and binding upon the parties unless such determination is clearly arbitrary or unreasonable. (12) Change Orders: No additional compensation may be paid to CONTRACTOR unless the same is duly authorized in writing and in advance of the work by appropriate action by the City Manager and in accordance with the Contract Documents. (13) Licenses and Certifications: CONTRACTOR must secure all necessary business and professional licenses at its sole expense prior to executing this Contract or commencing the Work. (14) Insurance, Indemnification & Bonding: CONTRACTOR must comply with the insurance, indemnification and bonding requirements set forth in the Contract Documents. The terms of indemnification set forth in the Contract Documents survive the termination or expiration of this Agreement. (15) Jury Trial Waiver: The parties waive their right to jury trial regarding any dispute arising out of this Agreement. (16) Entire Agreement, Modification, and Non -waiver: The Contract Documents constitute the entire agreement of the parties and supersedes any prior agreements, written or oral. The Contract Documents may not be modified or amended except in writing, signed by both parties hereto and if this Contract is required to be approved by the City Commission, all amendments thereto must be approved in the same manner and with the same formality as this Contract. The Contract Documents, in general, and this paragraph, in particular, may not be modified or amended by any acts or omissions of the parties. No failure to exercise and no delay in exercising any right, power or privilege may operate as a waiver. No waiver of the Contract Documents, in whole or part, including the provisions of this paragraph, may be implied by any act or omission. (17) Public Records: CONTRACTOR and all of its subcontractors are required to comply with the public records law (s.1 19.0701) while providing services on behalf of the CITY and the CONTRACTOR, under such conditions, must incorporate this paragraph in all of its subcontracts for this Project and must (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if CONTRACTOR does not transfer the records to the public agency; and (d) Upon completion of the Contract, transfer, at no cost, to the public agency all public records in possession of CONTRACTOR or keep and maintain public records required by the public agency to perform the service. If CONTRACTOR transfers all public records to the public agency upon completion of the Contract, CONTRACTOR must destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains public records upon completion of the Contract, CONTRACTOR must meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 3 of 26 IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: npayne@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL .33143. (18) Background Screening. All personnel and volunteers that will provide any service with vulnerable persons, as defined in Section 435.02, Fla. Stat., involving the CITY or its Agency in such related activity or who may have access to secure or sensitive areas of the CITY, must be in compliance with Level II Background Screening and fingerprinting requirements as per, Florida Statute Ch. 435 prior to the scheduled start of any employee or volunteer. CONTRACTOR must prevent all its personnel, including volunteers, from engaging in any such related activities without having passed a background screening to the satisfaction of the CITY. A violation of this requirement will constitute a substantial breach of this Contract. (19) Drug Free Workplace. CONTRACTOR must comply with the Drug Free Workplace policy set forth in the City of South Miami's Personnel Manual which is made a part of this Contract by reference. (20) Transfer and Assignment. None of the work or services under this Contract may be subcontracted or assigned without prior written consent from the CITY which may be denied without cause. (21) Unauthorized Aliens_ The employment of unauthorized aliens by the is considered a violation of Federal Law. If the CONTRACTOR knowingly employs unauthorized aliens, such violation will be cause for immediate termination of this Agreement. This applies to any sub -contractors. The CITY reserves the right at its discretion, but does not assume the obligation, to require proof of valid citizenship or valid green card for each person employed in the performance of the Work including persons employed by as independent contractors. By reserving this right, the CITY does not assume any obligation or responsibility to enforce or ensure compliance with the applicable laws and regulations. (22)Non-Appropriation of Funds. In the event that no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this contract, then the CITY, upon written notice to CONTRACTOR or its assignee of such occurrence, will have the unqualified right to terminate the contract without any penalty or expense. No guarantee, warranty or representation is made that any project(s) will be awarded to any CONTRACTOR. (23)Most Favored Public Entity. CONTRACTOR represents that the prices charged to CITY in the proposal do not exceed existing prices to other customers for the same or substantially similar items or services for comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost factors. If CONTRACTOR's prices decline, or should respondent, at any time during the term of a contract entered into with CITY, provide the same goods or services with the same comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost factors, CONTRACTOR must immediately extend the same prices to CITY. (24) Notices. All notices given or required under this Contract will be deemed sufficient if sent by a method that provides written evidence of delivery, including e-mail and facsimile transmission and delivered to CONTRACTOR or his designated contact person. Return of mail, sent to the address contained herein for the parties or their contact persons, as 4 of 26 not deliverable or for failure to claim the mail will be deemed received on the date that the mail is returned to sender. (25) Indemnification. In the event that any of the contract documents provide for indemnification, nothing contained therein may imply that the CITY has waived its sovereign immunity as provided by Florida Statute, Section 786.28 and anything to the contrary contained therein will be null and void and of no force or effect. (26) Severability. If any term or provision of this Agreement are to any extent be held invalid or unenforceable, the remainder of this Agreement will not be affected thereby, and each remaining term and provision of this Agreement will be valid and be enforceable to the fullest extent permitted by law. This Agreement may be amended by a court of competent jurisdiction to harmonize the remaining provisions following such finding of invalidity or unenforceability. (27) Survival of Provisions. Any terms or conditions of this Agreement that require acts beyond the date of the term of the Agreement, will survive termination of the Agreement, will remain in full force and effect unless and until the terms or conditions are completed and will be fully enforceable by either party. (28) E-VERIFY. As a condition precedent to entering into this Contract, and in compliance with Section 448.095, Fla. Stat., Contractor and its subcontractors must register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021. The Contractor and all subcontractors must comply with and be bound by the following: I . Contractor must require each of its subcontractors to provide Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor must maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Agreement; 2. The City, Contractor, or any subcontractor who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(I ), Fla. Stat. or the provisions of this section must terminate the contract with the person or entity; 3. The City, upon good faith belief that a subcontractor knowingly violated the provisions of this section, but that the Contractor otherwise complied, must promptly notify Contractor and Contractor must immediately terminate the contract with the subcontractor; 4. A contract terminated under the provisions of this Section is not a breach of contract and may not be considered such; 5. Any contract termination under the provisions of this Section may be challenged no later than 20 calendar days after the date on which this Agreement is terminated pursuant to paragraph b. or c. above; 6. Contractor acknowledges that upon termination of this Agreement by the City for a violation of this Section by Contractor, Contractor may 5 of 26 not be awarded a public contract for at least one (1) year. Contractor further acknowledges that Contractor is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this Section; and 7. Subcontracts. Contractor or subcontractor must insert in any subcontracts the clauses set forth in this Section, including this Subsection, requiring the subcontractors to include these clauses in any lower tier subcontracts. Contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this Section and Contractor's failure to enforce compliance is a substantial and material breach of this Agreement. IN WITNESS WHEREOF, the parties, have executed this Contract, on or before the date first above written, with full knowledge of its content and significance and intending to be legally bound by the terms hereof. By: / v V --f7 — V LIck-�Mr [print name of witness] ATTESTED: By: Nkenb A. Pay , CMC City Clerk Read and Approved as to Form, Language, Legality and Execution Thereof: By. City Attorney DANNY BERRY BASEBALL CAMP, INC By:0 �ahv\I ✓- P, [print ame of signatory] CITY OF SOUTH MIAMI By:(7�(� C� Shari Kamali City Manager END OF SECTION 6 of 26 LIST OF PROPOSED SUBCONTRACTORS, SUBCONSULTANTS AND PRINCIPAL SUPPLIERS Co -Ed YOUTH BASEBALL MANAGEMENT SERVICES RFP #PR2021-42 Respondent must list all proposed subcontractors and subconsultant, if subcontractors and subconsultants are allowed by the terms of this Solicitation to be used on this project if they are awarded the Contract. Classification of Work Other Subcontractor/Subconsultant Name Address Telephone, Fax Et Email Umpire Marvin Chatman 8505 N.W. 17 Ave iami,Fla. 33147 786-355-3210 This list must be provided as a part of Respondents submittal to the Ci ty of South Miami and in response to this RFP. END OF SECTION 20 of69 CD Ln Non -Collusion Affidavit NON -COLLUSION AFFIDAVIT Co -Ed YOUTH BASEBALL MANAGEMENT SERVICES RFP #PR2021-42 STATE OF FLORIDA COUNTY OF MIAMI-DADE Danny Berry being first duly sworn, deposes and states that: (1) He/She/They is/are the President (Owner, Partner, Officer, Representative or Agent) of Danny Berry Baseball Inc. the Respondent that has submitted the attached Proposal; (2) He/She/They is/are fully informed concerning the preparation and contentsof the attached Proposal and of all pertinent circumstances concerning such Proposal; (3) Such Proposal is genuine and is not a collusive or sham Proposal; (4) Neither the said Respondent nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly orindirectly, withanyother Respondent, firm, orperson to submit a collusiveorsham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from Bidding or proposing in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, orcommunication, or conference with any Respondent, firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any other Respondent, or to fix any overhead, profit, orcost elements of the Proposal Price or the Proposal Priceof anyother Respondent, orto secure through any collusion, conspiracy, connivance, orunlawful agreement any advantage against(Recipient), orany person interested in the proposed Work; (5) The price or prices quoted in theattached Proposal arefairand properand are not tainted byany collusion, conspiracy, connivance, or unlawful agreementon the partof the Respondentoranyother ofitsagents, representatives, owners, employees orpa rties of interest, including this affiant. Signed, sealed and delivered in the pr nce of: i By: 0 Witness Signature Danny Berry President Witness Print Name and Title oan5no21 Date ACKNOWLEDGEMENT r;i At aN Notary Public - State of Florida STATE OF FLORIDA ) ��? commission 0 K)i 018793 or My Comm. Eaptres Jul 21. 2074 COUNTY OF MIAMI•DADE ) �— Bonded through National Notary Assn. 7- On this theLs _day of 9 L4 , 20A'ki_, before me, the undersigned Notary Public of the State 0rida, personallYa�peared (Name(s) of individual(s) who appeared before notary) Moq" H A f� 1 S and whose name (s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it. 21 of69 WITNESS my hand and official seal Notary Public, State of Florida NOTARY SEAL OFPUBLIC: OFFICE: (N�� amem f Notary Public: Print, Stamp or type as comissioned.) Personally known to me, or Personal identification: Type of Identification Produced Did take an oath, or Did Not take an oath. 22 of69 M in — Public Entity Crimes and Conflicts of Interest le in PUBLIC ENTITY CRIMES AND CONFLICTS OF INTEREST Co -Ed YOUTH BASEBALL MANAGEMENT SERVICES RFP #PR2021-42 Pursuant to the provisions of Paragraph (2) (a) of Section 287.133, Florida State Statutes -"A person oraffiliatewho has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposalorbid onaContracttoprovide anygoodsorservices to apublicentity, may not submit a Bid or proposal for a Contractwith a public entity for the construction of repairof a public building or public work, may not submit bids or proposals on leases or real property to a public entity, may not be awarded to perform Work as a RESPONDENT, Sub -contractor, supplier, Sub -consultant, 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 112, Florida State Statutes. Respondents must disclose with their Proposals, the nameof anyofficer, director, partner, associateor agent who is also an officer or employee of the City of South Miami or its 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 ADMINISTEROATHS. 1. This sworn statement is submitted to Danny Berry Baseball Inc. [print n me of the public entity] byPht r1'n y � Q r < '' �r �,s, Y1� individuaPs name and jptttlel for [print name of entity submitting sworn statement] whose business address is 1225 N.E. 172 St. North Miami, Fla. 33162 and (if applicable) its Federal Employer Identification Number (FEIN) is 65-0502774 (if the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 2. 1 understand that a "public entity crime" as defined in Paragraph 287.133 (1) (g), Florida Statutes, means a violation of any state orfederal 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 anyother state orof the United States, including, but not limited to , any bid, proposal or contract for goods or services to be provided to any public entity oran agencyorpolitical subdivision of any other statecrof the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1) (b), Florida Statutes, means a finding of guiltor a conviction of a public entitycrime, with or without an adjudication of guilt, in anyfederalorstate trial courtof record relating to charges brought by indictmentorinformation afterJuly 1,1989, as a result of a jury verdict, non-jurytrial, orentryof a plea of guiltyor nolo contendere. 4. 1 understand that an "affiliate" as defined in Paragraph 287.133 (1) (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, 23 of69 directors, executives, partners, shareholders, employees, members, and agents who are active in the managementof an affiliate. The ownership byone personof sharesconstituting a controlling interest in any person, or a pooling of equipment or income among persons when notforfair marketvalue underanarm'slengthagreement,,Mitbea prima factecasethatonepersoncontrols 24 of69 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 monthswill be considered an affiliate. 5. 1 understand that a "person" as defined in Paragraph 287.133 (1) (e), Florida Statutes, means any natural person or entity organized under the laws of any state orof the United Stateswith the tegal power to enter into a binding contract and which bids or proposal or applies to bid or proposal on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are activein management of an entity. 6. Based on information and belief, thestatementwhichIhavemarkedbelowistrue inrelation totheentity b 'ng 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 managementof the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to [ 1,1989. • 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 affiliateof the entity has been charged with andconvicted of a public entitycrime subsequentto July 1, I -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 andconvicted of a public entity crime subsequentof July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Orderentered by the Hearing Officer determined thatit was notin the public interest to place the entity submitting this sworn statementon the convicted vendor list. [attach a copy of the final order.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (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 2B7.017, FLORIDA STATUTES. FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THISFORM. _r h Sig ure Sworn toand subscribed before methis .S dayof tr , 201&. Personally known 0;1N1 t1•✓ OR Produced identification (Type of identification) Form PUR7068 (Rev.06/11 /92) 25 of69 Notary Public - State of 4�-1 ORIC) tic�- My commission expires (Printed, typed or stamped commissioned name of notary public) ALM HAM si N01ary Publk - State of Fkft ,��'; CoasmWM 0 HN 018793 MY Comm• Expires Jul 21, 2024 m. Bonded though Natloaal Notary A rn U) Drug Free Workplace CO LO DRUG FREE WORKPLACE Co -Ed YOUTH BASEBALL MANAGEMENT SERVICES RFP #PR2021-42 Whenever two or more responses to a solicitation which are equal with respect to price, quality and service are received by the State orbyany political subdivisionsfor the procurement ofcommodides or contractual services, a response to the solicitation received from a business thatcertifies thatithas implemented a drug-freeworkplace program will be given preference in the award process. Established procedures for processing tie responses to solicitations 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 businessmust: 1) 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 intheworkplace,the business's policyof 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 thatare under Bid a copy of the statement specified in paragraph (1) above. 4) In the statementspecifiedin paragraph (1) above, notify theemployees, that, as a condition to theirworking for the employerwith regard to the matters that are the subject of the response to the solicitation including those involving the procurement of commodities or contractual services that are under Bid, the employee must abide by the terms of the statement and must notify the employer of any conviction of, or plea of guilty ornolo 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-freeworkplace through implementation of this section. As the person authorized to sign this statement, and under penalties of perjury, I declare that I have read the foregoing statementand that the facts stated initare true and that thisfirm isin full compliancewith the above requirements. A*"%, RESP01 Print N, Date: 26 of 69 Acknowledgement of Conformance with OSHA Standards ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS Co -Ed YOUTH BASEBALL MANAGEMENT SERVICES RFP #PR2021-42 TO THE CiTY OF SOUTH MIAMI We, Danny Berry Baseball , (Name of RESPONDENT), hereby acknowledge and agree that as CONTRACTOR for the Co -Ed YOUTH BASEBALL MANAGEMENT SERVICES RFP #PR2021-42 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 Whenever two or more responses to a solicitation which are equal with respect to price, quality and service are received bythe State or by any political subdivisionsfor the procurementofcommodities or contractual services, a response to the solicitation received from a business thatcertifies thatit has implemented a drug -free workplace program will be given preference in the award process. Established procedures for processing tie responses to solicitations 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 must: 1) 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 theworkplace, the business's 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 thecommoditiesorcontractualservices thatareunder E-bid a copy of the statement specified in Section (1). 4) in thestatementspecifiedin Section (1), notify the employees, that, asa condition to thef r working for the employer with regard to the matters that are the subject of the response to the solicitation including those involving the procurementof commodities or contractual services thatare underE-bid, theemployee must abide by the terms of the statementand must notify the employerof anyconvictionof, orpleaof guilty ornolo contendereto, anyviolationof Chapter 893 orof anycontrolled substance law of the United Statesor any state, fora 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. b) Make a good faith effort to continue to maintain a drug-freeworkplace through implementation of this section. As theperson authorized to sign this statement, and underpenalties of ped ury, I declarethat I have read the foregoing statement and that the facts stated in it are true and that this firm and its subcontractors, if any, who are listed below, are in full compliance with the above requirements: CONTRACTOR Danny Berry Baseball Witness BY: _Danny Berry Name N� Affidavit Concerning Federal and State Vendor Listings M AFFIDAVIT CONCERNING FEDERAL AND STATE VENDOR LISTINGS Co -Ed YOUTH BASEBALL MANAGEMENTSERVICES RFP #PR2021-42 The person, or entity, who is responding to the City's solicitation, hereinafter referred to as "Respondent', must certify that the Respondent's name Does Notappearon the Stateof Florida, Departmentof Management Services, "CONVICTED, SUSPENDED, DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR LISTINGS". If the Respondent's name appears on one or all the "Listings" summarized below, Respondents must "Checkif Applies" nextto the applicable "Listing." The "Listings" can be accessed through the following link to the Florida Department of Management Services website: hgp://www.drm.mvflorida.com/business_operations/state purchasing/vendor information/convicted suspended di scriminatorY_complaints vendor lists DECLARATION UNDER PENALTY OF PERJURY 1, Danny Berry (hereinafter referred to as the "Declarant") state, that the following facts are true and correct: (1) 1 represent the Respondent whose name is Danny Berry (2) 1 have thefollowing relationship with the Respondent President (Owner (if Respondentis a sole proprietor), President (if Respondent is a corporation) Partner (if Respondent is a partnership), General Partner (if Respondent is a Limited Partnership) or Managing Members (if Respondent is a Limited Liability Company). (3) 1 have reviewed the Florida Departmentof Management Services website at the following URL address: http: //www.dms. myflorida.com/business_operations/state-purchasing/vendor_information/corwicted_suspended_O scriminatory_complaints_vendor_lists (4) 1 haveentered an "x" or a check mark beside each listing /category setforth belowif the Respondent's name appears in the tistfound on the Florida Departmentof Management Services website for thatcategory or listing. If I did not enter a mark beside a listing/category, it means that I am attesting to the fact that the Respondent's name does not appear on the listing for that category in the Florida Departmentof Management Services website as of the date of this affidavit. Check the following categories if Applicable Convicted VendorList Suspended Vendor List Discriminatory Vendor List Federal Excluded Parties List Vendor Complaint List Under penalties of perjury, and as the person authorized to sign this statement, I declare that I have read the foregoing statement and that the facts stated initare true and that this firm isin full compliancewith the above requirements. By: Sig re of Decl t d1 r1 (Print name ff Declarant) ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF MIAMI-DADE >h On this the S_dayof u & , 209,1 , before me, the undersigned authority, personally appeared_ O 11hvIRe.Rf I who is personally know to me or who provided the following identificatip andwho took an oath or affirmed that that he/she/ they executed the foregoing Affidavit as the Declarant. WITNESS my hand and official seal. awk Notary Public, State of Florida NOTARY PUBLIC: 1 ;ran►`` • AM HARRIS aF, Notary Public - State of Florida (Name of Notary Public: Print, ` Commission 0 HH 018793 orr• My Comm. Expires Jul 21. 2024 29 of69 ._. Banded through National Notary Assn. Stamp ortype as commissioned. �n>...,. AIAN HARRIS Notary Public - Slate of Florida Commission N HH 016793 My Comm. Expires Jul H, 2031 Bonded through National Notary Assn. 30 of 69 LO Related Party Transaction Verification Form RELATED PARTY TRANSACTION VERIFICATION FORM Co -Ed YOUTH BASEBALL MANAGEMENT SERVICES RFP #PR2021-42 I Danny Berry , individually and on behalf of Danny Berry Baseball ("Firm")have Name of Representative Company/Vendor/Entity read theCityof SouthMiami ("City")'sCodeofEthics, Section 8A-1 of the City's Code of Ordinances and I hereby certify, under penalties of perjury that to the best of my knowledge, information and belief: (1) neither I nor the Firm have any conftictof interest (as defined in section 8A-1) with regard to the contractor business that I, and/or the Finn, am(are) about to perform for, or to transact with, the City, and (2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in section 8A-1, who is an employee of the City or who is(are) an appointed or elected official of the City, or who is(are) a member of any public body created by the City Commission, i.e., a board orcommittee of the City, [while the ethics code still applies, if the person executing this form is doing soon behalf of a firm whose stock is publicly traded, the statement in this section (2) must be based solelyon the signatory'spersonal knowledgeand he/sheisnot required to make an independentinvestigation as to the relationship of employees or those who have a financial interest in the Firm.]; and (3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any memberof those persons' immediatefamily (i.e., spouse, parents, children, brothers and sisters) has transacted orentered into any contract(s) with the City or has a financial interest, director indirect, in any business being transacted with the city, or with any person or agency acting for the city, other than as follows: _ (if necessary, use a separatesheet to supply additional n ormation that wi not fit on this tine; owever, you must make reference, on the above line, W the additional sheet and the additional sheetmustbe signed under oath). [while the ethicscode still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (3) must be based solely on the signatory's personal knowledge and he/she is notrequired m make an independentinvestigation as to the relationship of thosewho have a financial interest in the Firm.]; and (4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediatefamily members (i.e., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the contract between you and/or your Firm and the City other than the following individuals whose interest is set forthfollowi ng theirnames: (if necessary, use a separate sheet to supply additional informationthatwill notfiton this tine; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed underoath). The names of all City employees and thatof all elected and/or appointed city officialsor board members, who own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm are as follows: (if necessary, useaseparate sheet tosupply a itiona information thatwitt not fiton thisline; however,youmust make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing thisform is doing so on behalf of a firm whose stock is publicly traded, the statementin this section (4) must be based solely on the signatory's personal knowledge and he/she is not required W make an independent investigation as to the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or appointed official or employee.] (5) land the Firm further agree not to use orattempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of ourduties under the terns of the contract with the City, to secure a special privilege, benefit, orexemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public, for our personal gain or benefitorforthe personal gain or benefit of anyotherperson or business entity, outsideofthenormalgainor benefit anticipated through the performance of the contract. (6) land the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting for the City, and thatwe have not appeared in representation of any third party 31 of69 ti to before any board, commission or agency of the City within the past two years other than as follows: (if necessary, usea separate sheetto supply additional information thatwill notfiton thisline; however, you must make reference, on theabove line, to the additional sheet and the additional sheet must be signed underoath). XAPurchasing\Vendor Registration\ 12. 28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].dotx (7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any memberof the City Commission; (11) any city employee; or (if!) any memberof any board or agency of the City other than as follows: (if necessary, use a separate sheet to supply additional information thatwill notfit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statementin this section (7) must be based solely on the signatory's personal knowledge and he/she is not required to make an independent investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, orof any of theirimmediatefamilyto any appointed orelectedofficialsof the City, orto theirimmediatefamily members]. (8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater than 5%in that Other Firm, nor any memberof those persons' immediate family (i.e., spouse, parents, children, brothers and sisters) nor any of myimmediate family members (hereinafter referred to as "Related Parties") has responded to a solicitation by the Cityin which I orthe Firm that I represent oranyone who has a financial interest greater than 5%in the Finn, or any member of those persons' immediate family (i.e. spouse, parents, children, brothers and sisters) have also responded, other than the following: (if necessary, use a separate sheet to supply additional information thatwill not fiton this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed underoath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (8) must be based solely on the signatory's personal knowledge and he/she isnot required to make an independent investigation into the Other Firm, or the Firm he/she represents, as to theirofficers, directorsor anyone having a financial interest in those Firms or any of their any memberof those persons' immediate family.] (9) land the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances thatwould change our answers to this document. Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and theFirm. (10) A violation of the City's Ethics Code, the giving of any false information or the failure to supplement this Verification Form, may subject me or the Firm to immediate termination of any agreementwith the City, and the imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. Under penalties of perjury, and as the person authorized to sign this statement, I declare that I have read the foregoing statement, that I have madea diligenteffort toinvestigate the matters towhich I am attesting hereinabove and to the bestof my knowledge, information and belief the facts stated in it are true and this firm is in full comgWa%e with the abgArequirements. Signature: Print Name&Title: Date: 32 of69 Sec. 8A-1. - Conflict of interest and code of ethics ordinance. (a) Designation. Thissection shall be designated and known as the "Cityof South Miami Conflict of Interest and Codeof Ethics Ordinance."This section shall beapplicableto all citypersonnel asdefined below, and shall alsoconstitutea standardof ethical conduct and behaviorforall autonomous personnel, quasi-judidal personnel, advisory personnel and departmental personnel. The provisionsof this section shall be applied in a cumulative manner. By wayofexample, and not asa limitation, subsections (c) and (d) maybe applied to the same contractortransaction. (b) Definitions. For the purposes of this section the following definitions shall be effective: (1) The term "commission members" shall refer to the mayor and the members of the city commission. (2) The term "autonomous personnel" shall refer to the membersof autonomous authorities, boards and agencies, such as the city community redevelopment agency and the health facilities authority. (3) Theterm"quasi-judicial personnet"shall referto the members of the planning board, the environmental review and preservation board, the code enforcement board and such other individuals, boards and agencies of the city as perform quasi-judicial functions. (4) The term "advisory personnel" shall refer to the members of those city advisory boards and agencies whose soleorprimary responsibility is to recommend legislation orgive advice to the city commission. (5) Theterm"departmental personnel"shallrefertothecityclerk,thecitymanager, department heads, thecity attorney, and all assistants to the city clerk, city manager and city attorney, howevertitled. (6) The tern "employees" shall refer to all other personnel employed by the city. (7) Theterm"compensation"shall refer to any money, gift, favor, thing of value orfinancialbenefitconferred,or to be conferred, in return for services rendered or to be rendered. (8) The term "controlling financial interest" shall referto ownership, directly orindirectly, of ten percentor more of the outstanding capital stock in any corporationor a director indirect interest of ten percentor more in a firm, partnership, or other business entity at the time of transacting business with the city. (9) The term' immediatefamily" shall refer to the spouse, parents, children, brothers and sisters of the person involved. (10) The term "transact any business" shall refer to the purchase or sale by the city of specific goods or services forconsideration and to submitting a bid, a proposal in response to a Solicitation, a statementof qualificationsin response to a request by the city, or entering into contract negotiations for the provision on any goods or services, whichever first occurs. (c) Prohibition an transacting business with the city. No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enter into any contractor transact any business in which that person ora member of the immediate family has a financial interest, directorindirect with the cityoranyperson oragencyacting forthecity, and anysuch contract, agreementorbusinessengagemententeredin violationof this subsection shall renderthe transaction voidable. Willful violation of this subsection shall constitute malfeasancein office and shall affectforfeiture of office or position. Nothing in this subsection shall prohibit or make illegal: (1) The payment of taxes, special assessments or fees for services provided by the city government; (2) The purchase of bonds, anticipation notes orother securities that may be issued by the city through underwriters or directly from time to time. Waiver of prohibition. The requirements of this subsection may be waived for a particular transaction only by four affirmative votes of the city commission after public hearing upon finding that: (1) An open -to -all sealed competitive proposal has been submitted by a city personas defined in paragraphs (b)(2 ), (3) and (4); (2) The proposal has been submitted by a person or firm offering services within the scope of the practice of architecture, professional engineering, or registered land surveying, as defined by the laws of the state and 33 of69 pursuant to the provisions of the Consultants' Competitive Negotiation Act, and when the proposal has been submitted by a city person defined in paragraphs (b)(2), (3) and (4); (3) The property or services to be involved in the proposed transaction are unique and the city cannot avail itself of such property or services without entering a transaction which would violate this subsection but for waiver of its requirements; and (4) That the proposed transaction wilt be in the best interest of the city. This subsection shalt beapplicableonly to prospective transactions, and the city commission may in no case ratify a transaction entered in violation of this subsection. Provisions cumulative. This subsection shalt be taken to becumulative and shall notbeconstrued to amendor repeal any other taw pertaining to the same subject matter. (d) Further prohibition on transacting business with the city. No person included in the terms defined in paragraphs (b)(1) through (6) and in paragraph (b)(9) shall enterinto any contractor transact any business through a firm, corporation, partnership or businessentity in which that personorany memberof the immediate family hasa controlling financial interest, direct orindirect, with thecity orany person or agency acting for thecity, and any suchcontract, agreementor business engagemententered in violation of this subsection shall render the transaction voidable. The remaining provisionsof subsection (c) will also be applicable to this subsection as though incorporated by recitation. Additionally, no person included in the term defined in paragraph (b)(1) shall vote on or participate in anywayin any matter presented to the citycommission if that person has any of thefollowing relationships with anyof the persons orentitieswhich would be or might be directly or indirectly affected by any action of the city commission: (1) Officer, director, partner, of counsel, consultant, employee, fiduciary or beneficiary; or (2) Stockholder, bondholder, debtor, or creditor, if in any instance the transaction or matter would affect the person defined in paragraph (b)(1) in a mannerdistinct from the mannerin which it would affect the public generally. Any person included in the tern defined in paragraph (b) (1) who has any of the specified relationships or who would or might, directly or indirectly, realize a profit by the action of the city commission shall not vote on or participate in any way in the matter. (E) Gifts. (1) Definition. The term "gift" shall refer to the transfer of anything of economic value, whether in the form of money, service, loan, travel, entertainment, hospitality, item or promise, or in any other form, without adequate and lawful consideration. (2) Exceptions. The provisions of paragraph (e)(1) shall not apply to: a. Political contributions specifically authorized by statelaw; b. Gifts from relatives or members of one's household, unless the person is a conduit on behalf of a third party to the delivery of a gift that is prohibited under paragraph (3); c Awards for professional or civic achievement; d. Material such as books,reports, periodicals or pamphlets which are solely informational or of an advertising nature. (3) Prohibitions. Aperson described in paragraphs (b)(1) through (6) shall neither solicit nor demand any gift. IUs also unlawful for any person or entity to offer, give or agree to give to any person included in the terms defined in paragraphs (b)(1) through (6), or for any person included in the terms defined in paragraphs (b)(1) through (6) to acceptor agree to accept from another person or entity, any gift for or because of: a. An official public action taken, or to betaken, or which could betaken, or an omission or failure to take a public action; b. A legal duty performed or to be performed, or which could be performed, or an omission or failure to perform a legal duty; c A legal duty violated or to be violated, or which could be violated by any person included in the term defined in paragraph (b)(1); or d. Attendance or absence from a public meeting at which official action is to be taken. 34 of69 0 ti (4) Disdosure. Any person included in the term defined in paragraphs (b)(1) through (6) shall disclose any gift, or series of gifts from anyone person or entity, having a value in excess of $25.00. The disclosure shall be made by filing a copy of the disclosure form required by chapter 112, Florida Statutes, for local officers" with the city clerk simultaneously with the filing of the form with the clerk of the county and with the Florida Secretary of State. (f) Compulsory disclosure by employees of firms doing business with the city. Should any person included in the terms defined in paragraphs (b)(1) through (6) be employed by a corporation, firm, partnership or business entity in which that person or the immediate family does not have a controlling financial interest, and should the corporation, firm, partnership or business entity have substantial business commitments to or from the city or any city agency, or be subject to direct regulation by the city or a city agency, then the person shall file a sworn statement disclosing such employment and interestwith the clerk of the city. (g) Exploitation of official position prohibited. No person included in the terms defined in paragraphs (b)(1) through (6) shall corruptly use or attempt to use an official position to secure special privileges or exemptions for that person or others. (h) Prohibition on use of confidential information. No person included in the terms defined In paragraphs (b)(1) through (6) shall acceptemploymentorengagein any business or professional activity which one might reasonably expect would require or induce one to disclose confidential information acquired by reason of an official position, nor shall that person in fact ever disclose confidential information garnered or gained through an official positionwith thecity, nor shall that person ever use such information, directlyorindirectly,forpersonal gain or benefit. (i) Conflicting employment prohibited. No person included in the terms defined in paragraphs (b)(1) through (6) shall accept other employmentwhich would impair independence of judgment in the performance of any public duties. & Prohibition on outside employment. (1) No person included in the terms defined in paragraphs (b)(6) shall receive any compensation for services as an officeroremployee of thecityfrom any source otherthan the city, except as maybe permitted as follows: a. Generally prohibited. No full-time city employee shall accept outside employment, either incidental, occasional or otherwise, where city time, equipment or material is to be used or where such employment or any part thereof is to be performed on citytime. b. When permitted. A full-time city employee may acceptincidentaloroccasionaloutside employment solong as such employment is notcontrary, detrimental or adverse to the interest of the city or any of its departments and the approval required in subparagraph c. is obtained. c Approval of department head required. Anyoutsideemploymentbyany futt-timecityemployeemust first be approved in writing by the employee's department head who shall maintain a complete record of such employment. d. Penalty. Any person convicted of violating any provision of this subsection shall be punished as provided in section 1-11 of the Code of Miami -Dade County and, in addition shall be subject to dismissal by the appointing authority. The city may also assess against violatora fine notto exceed $500.00 and the costsof investigation incurred by the city. (2) Alt full-time city employees engaged in any outside employmentfor any person, firm, corporation or entity other than the city, or any of its agencies or instrumentalities, shall file, under oath, an annual report indicating the source of the outside employment, the nature of the work being done and any amount of money or other consideration received by the employee from the outside employment. Cityemployee reports shall be filed with thecity clerk. The reports shall be available at a reasonable time and place for inspection by the public. The city manager may require monthly reports from individual employees or groups of employees for good cause. (k) Prohibited investments. No person included in the terms defined in paragraphs (b)(1) through (6) or a memberof the immediate family shall have personal investments in any enterprise which will create a substantial conflict between private interests and the public interest. 35 of69 T r — (1) Certain appearances and payment prohibited. (1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall appear before any city board or agency and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or ocher benefit sought by the third person. Nor shall the person receive any compensation or gift, directly or indirectly, for services rendered to a third person, who has applied for or is seeking some benefit from the city or a city agency, in connection with the particular benefit sought by the third person. Nor shall the person appear in any court or before any ac ministratve tribunal as counselor legal advisor to a party who seeks legal relief from the city or a city agency through the suit in question. (2) No person included in the terms defined in paragraphs (b)(2), (3) and (4) shall appear before the city commission or agency on which the person serves, either directly or through an associate, and make a presentation on behalf of a third person with respect to any matter, license, contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. Nor shall such person receive any compensation or gift, directly or indirectly, for services rendered to a third party who has applied for or is seeking some benefit from the city commission or agency on which the person serves in connection with the particular benefit sought by the third party. Nor shall the person appear in any court or before any administrative tribunal as counselor legal advisor to a third party who seeks legal relief from the city commission or agency on which such person serves through the suit in question. (m) Actions prohibited when financial interests involved. No person included in the terms defined in paragraphs (b) (1) through (6) shall participate in any official action directly or indirectly affecting a business in which that person or any member of the immediate family has a financial interest. A financial interest is defined in this subsection to include, but not be limited to, any direct or indirect interest in any investment equity, or debt. (n) Acquiring financial interests. No person included in the terms defined in paragraphs (b)(1) through (6) shall acquire a financial interest in a project, business entity or property at a time when the person believes or has reason to believe that the financial interest may be directly affected by official actions or by official actions by the city or city agency of which the person is an official, officer or employee. (0) Recommending professional services. No person included in the terms defined in paragraphs (b)(1) through (4) may recommend the services of any lawyer or law firm, architect or architectural firm, public relations firm, or any other person or firm, professional or otherwise, to assist in any transaction involving the city or any of its agencies, provided that a recommendation may properly be made when required to be made by the duties of office and in advance at a public meeting attended by other city officials, officers or employees. (p) Continuing application after city service. (1) No person included in the terms defined in paragraphs (b)(1), (5) and (6) shall, for a period of two years after his or her city service or employment has ceased, lobby any city official [as defined in paragraphs (b)( I) through (6)] in connection with any judicial or other proceeding, application, Solicitation, RFQ, bid, request for ruling or other determination, contract, claim, controversy, charge, accusation, arrest or other particular subject matter in which the city or one of its agencies is a parry or has any interest whatever, whether direct or indirect. Nothing contained in this subsection shall prohibit any individual from submitting a routine administrative request or application to a city department or agency during the two-year period after his or her service has ceased. (2) The provisions of the subsection shall not apply to persons who become employed by governmental entities. 501(c)(3) non-profit entities or educational institutions or entities, and who lobby on behalf of those entities in their official capacities. (3) The provisions of this subsection shall apply to all persons described in paragraph (p)(1) whose city service or employment ceased after the effective date of the ordinance from which this section derives. (4) No person described in paragraph (p)(1) whose city service or employment ceased within two years prior to the effective date of [his ordinance shall for a period of two years after his or her service or employment enter into a lobbying contract to lobby any city official in connection with any subject described in paragraph (p)(1) in which the city or one of its agencies is a party or has any direct and substantial interest and in which he or she participated directly or indirectly through decision, approval, disapproval, recommendation, the rendering of 33 of 69 advice, investigation, or otherwise, during his or her city service or employment. A person participated "directly" where he or she was substantially involved in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment A person participated "indirectly" where he or she knowingly participated in any way in the particular subject matter through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, during his or her city service or employment All persons covered by this paragraph shall execute an affidavit on a form approved by the city attorney prior to lobbying any city official attesting that the requirements of this subsection do not preclude the person from lobbying city officials. (S) Any person who violates this subsection shall be subject to the penalties provided in section 8A-2(p). (q) City attorney to render opinions on request Whenever any person included in the terms defined in paragraphs (b)(1) through (6) and paragraph (b)(9) is in doubt as to the proper interpretation or application of this conflict of interest and code of ethics ordinance, or whenever any person who renders services to the city is in doubt as to the applicability of the ordinance that person, may submit to the city attorney a full written statement of the facts and questions. The city attorney shall then render an opinion to such person and shall publish these opinions without use of the name of the person advised unless the person permits the use of a name. 34 of 69 Presentation Team Declaration Affidavit of Representation PRESENTATION TEAM DECLARATION/AFFIDAVIT OF REPRESENTATION Co -Ed YOUTH BASEBALL MANAGEMENT SERVICES RFP #PR2021-42 This affidavit is not required for compliance with the City's Solicitation; however, it may be used to avoid the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14- 2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation before a City certification, evaluation, selection, technical review or similar committee, must list on an affidavit provided by the City staff, all individuals who may make a presentation. The affidavit must be filed by staff with the Clerk's office at the time the committee's proposal is submitted to the City Manager. For the purpose of this subsection only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, must not be required to pay any registration fees. No person may appear before any committee on behalf of an anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the City Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. Pursuant to '92.525(2), Florida Statutes, the undersign akes the following declaration under penalties of perjury: Listed below are all individuals who may make a presentation on behalf of the entity that the affiant represents. Please note; No person may appear before any committee on behalf of anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. Danny Berry NAME TITLE President For the purpose of this Affidavit of Representation only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, will not be required to pay any registration fees. The Affidavit of Representation must be filed with the City Clerk's office at the time the committee's proposal is submitted to the City as part of the procurement process. Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated in it are true and specifically that the persons listed above are the members of the presentation team of the entity listed below. .00 ecuted thi +> _day of �'w-J 20a ` low i natur R prpseenta " 1 rint Name aid Tit a I Print name of entiV being represe ted. END OF SECTION 38 of69 Procurement Division 11• Evaluation 6130 Sunset Drive South Miami Scoring Sheet South Miami, Florida 33143 THE CITY OF PLEASANT LIVING (305) 663-6339 www.southmiamifi.gov RFP Title: CO-ED YOUTH BASEBALL MANAGEMENT SERVICES RFP No.: PR2021-42 DIRECTIONS: Please score each firm, for each specific criteria provided. Scoring is based on each criteria listed below with a maximum score for each criteria. The total score for each proposer is calculated by adding each criteria for a total score by proposer. The maximum score total score for each proposer is 100 points. After the total score for each proposer is completed, all proposers shall be ranked in order of highest to lowest score, Based on the number of proposers, the highest score shall be ranked #I, the next highest score shall be ranked #2, the next #3 up to the total number of proposers. teria , r Experience & Qualifications: Total Points: 30 • Proposer's qualifications Including, but not limited to, company history and description, number of years in business, organizational chart, licenses and certifications, credentials, and capabilities to meet with City's needs. a. (10 points) 2 • Qualifications and experience of key personnel. (10 points) • Proposer's relevant knowledge and experience in providing the services described in the scope of services to other agencies similar to that of the City of South Miami. (10 points) Proposed Approach and Methodology: Total Points: 40 • The proposed program description (and participant fees) Including, but is not limited to: o Coed Youth Baseball League (regular and post season) (3 points) o Summer Camp Program b. (3 points) % t� o Competitive/Travel Baseball Program (2 points) o Training Clinics (2 points) • Proposers overall detailed understanding, approach, and methodology to perform the scope of services solicited. (20 points) • Proposers description of labor resources (i.e. volunteers, key personnel, equipment). (10 Points) Page 7 of 2 75 Post Performance and References: Total Points: 10 • Proposer's three (3) references, but no more than five (5) for which the Proposer has provided the services similar to those in the RFP. Proposer must NOT include the City of South Miami's work or employees as references. (5 points) ` Q c.. • Prior client satisfaction or dissatisfaction resulting in 1 continuation or discontinuation of services within the Past five (5) years. (3 points) • Prior operation of a program free of incidents within the last five (5) years involving a civil, criminal, administrative, or other similar proceeding was filed or pending. (2 points) Proposed Payment: d' Total Points: 20 1 S • Proposed payment(s) to the City. (20 points) M Reviewed by: ovee?A,', 106 u � ,7 Date: o C? Az )-Zo 21 (Print Name) (Signature) Page 2 of 2 76 (k'a imi South rl It CITY Of PLEAMM I]VING RFP Title: RFP No.: Evaluation Scoring Sheet Procurement Division 6130 Sunset Drive South Miami, Florida 33143 (305) 663-6339 www.south nT iamifi.t?ov CO-ED YOUTH BASEBALL MANAGEMENT SERVICES PR202142 DIRECTIONS: Please score each firm, for each specific criteria provided. Scoring is based on each criteria listed below with a maximum score for each criteria. The total score for each proposer is calculated by adding each. criteria for a total score by proposer. The maximum score total score for each proposer is 100 points. After the total score for each proposer is completed, all proposers shall be ranked in order of highest to lowest score. Based on the number of proposers, the highest score shall be ranked #1, the next highest score shall be ranked #2, the next #3 up to the total number of proposers. Criteria DANNY BERRY BASEBALL Experience & Qualifications: Total Points: 30 • Proposer's quali(cations including, but not limited to, company history and description, number of years in business, organizational chart, licenses and certifications, credentials, and capabilities to meet with Gry's needs. 0 a. (10 points) • Qualifications and experience of key personnel. (10 points) • Pmposer's relevant knowledge and experience in providing the services described in the scope of services to other agencies similar to that of the Ory of South Miami. (10 Points) Proposed Approach and Methodology: Total Points: 40 • The proposed program description (and participant -including, but -Is -not limited- to-o Coed Youth Baseball League (regular and port season) (3 points) o Summer Camp Program b' (3 Points) o Competitive/Travel Baseball Program (2 points) o Training Clinics (2 points) • Proposer's overall detailed understanding, approach, and methodology to perform the scope of services solicited. (26 points) • Proposer's description of labor resources (i.e. volunteers, key personnel, equipment). (10 Points) Page 1 of 2 77 Reviewed by: Past Performance and References: Total Points: 10 • Proposer's three (3) references, but no more than five (5) for which the Proposer has provided the services similar to those in the RFP. Proposer must NOT include the City of South Miami's work or r—�J employees as references. (S points) IJ c.. • Prior client satisfaction or dissatisfaction resulting in continuation or discontinuation of services within the past five (5) years. (3 points) • Prior operation of a program free of incidents within the last five (5) years involving a civil, criminal, administrative, or other similar proceeding was filed or pending. (2 points) Proposed Payment: d. Total Points: 20 1 Proposed payment(s) to the City. (20 points) Q Nam Date: Name \ Si aw e Page 2 of 2 78 I Procurement Division Evaluation 6130 Sunset Drive South Miami Scoring Sheet South Miami, Florida 33143 THE CITY OF PLEASANT LIVING (30S) 663-6339 www.southmiamifl.my RFP Title: CO-ED YOUTH BASEBALL MANAGEMENT SERVICES RFP No: PR2021-42 DIRECTIONS: Please score each firm, for each specific criteria provided. Scoring is based on each criteria listed below with a maximum score for each criteria. The total score for each proposer is calculated by adding each criteria for a total score by proposer. The maximum score total score for each proposer is 100 points. After the total score for each proposer is completed, all proposers shall be ranked in order of highest to lowest score. Based on the number of proposers, the highest score shall be ranked #I, the next highest score shall be ranked #2, the next #3 up to the total number of proposers. tits NNY BERRY BASEBALL Experience & Qualifications: Total Points: 30 • Proposer's qualifications including, but not limited to, company history and description, number of years in business, organizational chart, licenses and certifications, credentials, and capabilities to meet with City's needs. a. (IOpoints) - to a D • Qualifications and experience of key personnel. (10 points) _ 19 • Proposer's relevant knowledge and experience in providing the services described in the scope of services to other agencies similar to that of the City of South Miami. ()0 points) - Proposed Approach and Methodology: Total Points: 40 • The proposed program description (and participant fees) including, but is not limited to: o Coed Youth Baseball League (regular and post season) J (3 points) o Summer Camp Program fj b. (3 points) o CompetitivelTravel Baseball Program (2 points) J o Training Clinics (2 points) • Proposer's overall detailed understanding, approach, and methodology to perform the scope of services solicited. (20 points) t 6 • Proposees description of labor resources (i.e. volunteers, key personnel, equipment). (10 Points) Page 1 of 2 79 Past Performance and References: Total Points: 10 • Proposer's three (3) references, but no more than five (5) for which the Proposer has provided the services similar to those in the RFP. Proposer must NOT include the City of South Miami's work or employees as references. (5 points) c.. • Prior client satisfaction or dissatisfaction resulting in continuation or discontinuation of services within the IQ Post five (5) years. (3 points) • Prior operation of a program free of incidents within the lost five (5) years involving a civil, criminal, administrable, or other similar proceeding was filed or pending. (2 points) J` Proposed Payment: Total Points: 20 d' • Proposed payment(s) to the City. (20 points) 2� q3 Reviewed by: — Date: (Print Name) (Signature) Page 2 of 2 TEO South(eMiamoi THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI Co -Ed YOUTH BASEBALL MANAGEMENT SERVICES RFP #PR2021-42 SUBMITTAL DUE DATE: September 21, 2021 at 10 AM Solicitation Cover Letter The City of South Miami, Florida (hereinafter referred to as "Owner") through its chief executive officer (City Manager) hereby solicits sealed proposals responsive to the City's request (hereinafter referred to as "Request for Proposal", "RFP" or "E-Bidding") All references in this Solicitation (also referred to as an "Invitation for Proposals" or "Invitation to E-bid) to "City" will be a reference to the City Manager, or the manager's designee, for the City of South Miami unless otherwise specifically defined or unless the context in which the word is used requires it to mean the City of South Miami. The City is hereby requesting sealed proposals in response to this RFP #PR2021-42, Co -Ed YOUTH BASEBALL MANAGEMENT SERVICES. The purpose of this Solicitation is to contract for the services necessary for the completion of the project in accordance with the Scope of Services, (EXHIBIT 1, Attachments A, B, C & D) and the plans and/or specifications, if any, described in this Solicitation (hereinafter referred to as "the Project" or "Project"). Interested persons who wish to respond to this Solicitation can obtain the complete Solicitation package by accessing the following webpage: http://www.southmiamifl.gov/ which is the City of South Miami's web address for solicitation information. Proposals are subject to the Standard Terms and Conditions contained in the complete Solicitation Package, including all documents listed in the Solicitation. The City will only receive submittals electronically through the DemandStar Electronic Bid System (E-Bidding). To register as a business, go to https://network.demandstar.com/ See directions for registering and signing into your DemandStar user account on the next page following this Solicitation Cover Letter. Proposals must be received electronically through DemandStar, no later than 10:00 A.M. local time (the "Closing Date") on September 21, 2021 and any Proposal received by the City through DemandStar after 10:00 a.m. local time on said date will not be accepted under any circumstances. Hand delivery will not be accepted. E-BID OPENING VIA VIDEO CONFERENCING: The opening of E-Bids for this solicitation will occur at 10:30 A.M. local time on (the Closing Date, September 2, 2021. The City Clerk will conduct the E-Bid Opening through video conferencing using the Zoom platform. Members of the public may view the meeting via Zoom at https://zoom.us/j/3056636339 ,or listen to the meeting on a dedicated phone line by dialing + 1-786-635-1003 Meeting ID: 3056636339. The City reserves the right to award the Project to the person with the lowest, most responsive and responsible Proposal, as determined by the City, subject to the right of the City, or the City Commission, to reject any and all proposals, and the right of the City to waive any irregularity in the Proposals or Solicitation procedure and subject also to the right of the City to award the Project, and execute a contract with a Respondent or Respondents, other than to the one who provided the lowest Proposal Price and, if the Scope of the Work is divided into distinct subdivisions, to award each subdivision to a separate Respondent. Nkenga A. Payne, CMC City Clerk, City of South Miami I of 69 81 DemandStar Registration and User Account Sign -in Directions The following is an example of the procedure on April 3, 2020 and it is subject to change after that date. Go to https://network.demandstar.com/ which on April 3, 2020 brings up the following message. DemandStar is committed to helping all government agencies source qualified suppliers for COVID-19 emergency response. Governments If you area government agency who needs Ebidding capability to receive supplier responses online, please fill out this form and we will get back to you immediately. Ebidding is offered at no charge to governments. Broadcast Bids on DemandStar Suppliers If you are a business who can help respond to the many emergency response bids on the Demand5tar network, please click here to create your account and get notified of bidding opportunities. y DEMANDSTAR If you do not have an account with DemandStar, click on "Create Your Account" otherwise, if you have an account, click on the "x" in the upper right-hand corner of this message and it will bring you to the following user sign in page. -:- DD-1ANhSTSR w, R... 2 of 69 82 SCOPE OF SERVICES and SCHEDULE OF VALUES Co -Ed YOUTH BASEBALL MANAGEMENT SERVICES RFP #PR2021-42 The Scope of Services and the Schedule of Values, if any, are set forth in the attached EXHIBIT I, ATTACHMENTS A, B, & C. 3 of 69 83 SCHEDULE OF EVENTS Co -Ed YOUTH BASEBALL MANAGEMENT SERVICES RFP #PR2021-42 TENTATIVE SCHEDULE No Event Date* Time* (EST) I Advertisement/ Distribution of Solicitation & Cone of Silence begins 8/ 1 1 /2021 11:00 AM NON -MANDATORY PRE -BID MEETING VIA ZOOM VIDEO CONFERENCING 2 Members of the public may view the meeting via Zoom at https://zoom.usli/3056636339 ,or listen to the meeting on a dedicated phone line by dialing + 1-786-635-1003 Meeting ID: 3056636339. 9/ I /202 I 10:00 AM 3 Deadline to Submit Questions 9/8/2021 10:00 AM 4 Deadline to City Responses to Questions 9/14/2021 10:00 AM DEADLINE TO SUBMIT RFP RESPONSE: 5 The City will only receive submittals electronically through the DemandStar Electronic Bid System (E-Bidding). To register as a business, go to htt network.demandstar.com/ 9/21 /2021 10:00 AM E-BID OPENING VIA VIDEO CONFERENCING 6 VIA THE ZOOM PLATFORM at https://zoom.us/j/3056636339 ,or listen to the meeting on a dedicated phone line by dialing + 1-786-635-1003 Meeting ID: 3056636339. 9/21 /2021 10:30 AM 7 Projected Announcement of selected Contractor/Cone of Silence ends 10/5/2021 7:00 PM END OF SECTION 4 of 69 84 INSTRUCTIONS for RESPONDENT Co -Ed YOUTH BASEBALL MANAGEMENT SERVICES RFP #PR2021-42 IT IS THE RESPONSIBILITY OF THE RESPONDENT TO THE SOLICITATION TO ENSURE THAT THE RESPONSE TO THE SOLICITATION (HEREINAFTER ALSO REFERRED TO AS THE "PROPOSAL" THROUGHOUT THE CONTRACT DOCUMENTS) REACHES THE CITY CLERK ON OR BEFORE THE CLOSING HOUR AND DATE STATED ON THE SOLICITATION FORM. THE RESPONDENT MAY BE REFERRED TO AS "CONTRACTOR" OR AS "CONSULTANT". I. Purpose of Solicitation. The City of South Miami is requesting a response with the lowest and most responsive and responsible Proposal, as determined by the City. The City reserves the right to award the contract to the Respondent whose proposal is found to be in the best interests of the City. 2. Qualification of Proposing Firm. Response submittals to this Solicitation 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 all response submittals to this Solicitation where evidence submitted, or investigation and evaluation, indicates inability of a firm to perform. 3. Deviations from Specifications. The awarded firm must clearly indicate, as applicable, all areas in which the services proposed do not fully comply with the requirements of this Solicitation. The decision as to whether an item fully complies with the stated requirements rests solely with the City of South Miami. 4. Designated Contact. The awarded firm must appoint a person to act as a primary contact with the City of South Miami. This person or back-up must be readily available during normal work hours by phone, email, or in person, and must be knowledgeable of the terms of the contract. S. Precedence of Conditions. The proposing firm, by virtue of submitting a response, agrees that City's General Provisions, Terms and Conditions herein will take precedence over any terms and conditions submitted with the response, either appearing separately as an attachment or included within the Proposal. The Contract Documents have been listed below in order of precedence, with the one having the most precedence being at the top of the list and the remaining documents in descending order of precedence. This order of precedence will apply, unless clearly contrary to the specific terms of the Contract or General Conditions to the Contract: a) Addenda to Solicitation b) Attachments/Exhibits to the Solicitation c) Solicitation d) Attachment/Exhibits to Supplementary Conditions e) Supplementary Conditions to Contract, if any f) Attachment/Exhibits to Contract g) Contract h) General Conditions to Contract, if any i) Respondent's Proposal 6. Response Withdrawal. After Proposals are opened, corrections or modifications to Proposals are not permitted, but the City may allow the proposing firm to withdraw an erroneous Proposal prior to the confirmation of the proposal award by City Commission, if all of the following is established: a) The proposing firm acted in good faith in submitting the response; b) The error was not the result of gross negligence or willful inattention on the part of the firm; c) The error was discovered and communicated to the City within twenty-four (24) hours (not including Saturday, Sunday or a legal holiday) of opening the proposals received, along with a request for permission to withdraw the firm's Proposal; and d) The firm submits an explanation in writing, signed under penalties of perjury, stating how the error was made and delivers adequate documentation to the City to support the explanation and to show that the error was not the result of gross negligence or willful inattention nor made in bad faith. 7. The terms, provisions, conditions and definitions contained in the Solicitation Cover Letter will apply to these instructions to Respondents and they are hereby adopted and made a part hereof by reference. If there is a conflict between the Cover Letter and these instructions, or any other provision of this Solicitation, the Cover Letter will govern and take precedence over the conflicting provision(s) in the Solicitation. 5of69 85 8. Any questions concerning the Solicitation or any required need for clarification must be made in writing, by 10:00 AM September 8, 2021 to the attention of Steven P. Kulick, Chief Procurement Officer at skulick _ southmiamifl.gov or via facsimile at (305) 669-2636. 9. The issuance of a written addendum is the only official method whereby interpretation and/or clarification of information can be given. Interpretations or clarifications, considered necessary by the City in response to such questions, will be issued by a written addendum to the Solicitation Package (also known as "Solicitation Specifications" or "Solicitation") by U.S. mail, e-mail or other delivery method convenient to the City and the City will notify all prospective firms via the City's website. It is the responsibility of the Respondent to keep apprised of the publishing of addenda on the City's website. 10. Verbal interpretations or clarifications will not have any legal effect. No plea by a Respondent of ignorance or the need for additional information will exempt a Respondent from submitting the Proposal on the required date and time as set forth in the public notice. 11. Cone of Silence: You are hereby advised that this Request for Proposals is subject to the "Cone of Silence," in accordance with Section 8A-7, of the City's Code of Ordinance. From the time of advertising until the City Manager issues his recommendation, there is a prohibition on verbal communication with the City's professional staff, including the City Manager and his staff and members of the City Commission. The Cone of Silence ordinance, Section 8A-7, has been duplicated at the end of these instructions. 12. Violation of these provisions by any particular Respondent or proposer will render any recommendation for the award of the contract or the contract awarded to said Respondent or proposer voidable, and, in such event, said Respondent or proposer will not be considered for any Solicitation including but not limited to one that requests any of the following a proposal, qualifications, a letter of interest or a bid concerning any contract for the provision of goods or services for a period of one year. Contact will only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or clarifying information. 13. Lobbying. "Lobbyist" means all persons (including officers and managers of a legal entity), firms, or legal entities such as a corporation, partnership or limited liability company, employed or retained by a principal (including an officer of the principal or an employee of the principal whose duties include marketing, or soliciting business, for the principal) who seeks to encourage the passage, defeat, or modifications of (1) ordinance, resolution, action or decision of the City Commission; (2) any action, decision, recommendation of the City Manager or any City board or committee; or (3) any action, decision or recommendation of City personnel during the time period of the entire decision -making process on such action, decision or recommendation which foreseeably will be heard or reviewed by the City Commission, or a City board or committee. All firms and their agents who intend to submit, or who submitted, E-bids or responses for this Solicitation, are hereby placed on formal notice that neither City Commissioners, candidates for City Commissioner or any employee of the City of South Miami are to be lobbied either individually or collectively concerning this Solicitation. Contact may only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing Division, which are for the purposes of obtaining additional or clarifying information or as otherwise provided for in the City's Cone of Silence. Any presentation before a selection committee is considered to be lobbying; however, the presentation team may avoid formal registration by complying with section 8A-S (c) (9), of the City's Code of Ordinances. A presentation team affidavit is provided with this solicitation that may be used to comply with presentations, if applicable. Anyone who submits a proposal, whether solicited or unsolicited, on behalf of his or her principal or his or her employer is considered to be a lobbyist and must register. An officer or manager of a legal entity who is submitting a proposal, whether solicited or unsolicited, is considered to be a lobbyist. See section 8A-S of the City's Code of Ordinances for further information and contact the City Clerk to register as a lobbyist 14. Reservation of Right. The City anticipates awarding one contract for services as a result of this Solicitation and the successful firm will be requested to enter into negotiations to produce a contract for the Project. The City, however, reserves the right, in its sole discretion, to do any of the following: a) to reject any and all submitted Responses and to further define or limit the scope of the award. b) to waive minor irregularities in the responses or in the procedure required by the Solicitation documents. c) to request additional information from firms as deemed necessary. d) to make an award without discussion or after limited negotiations. It is, therefore, important that all the parts of the Request for Proposal be completed in all respects. e) to negotiate modifications to the Proposal that it deems acceptable. f) to terminate negotiations in the event the City deems progress towards a contract to be insufficient and to proceed to negotiate with the Respondent who made the next best Proposal. The City reserves the right to proceed in this manner until it has negotiated a contract that is satisfactory to the City. 6 of 69 86 g) To modify the Contract Documents. The terms of the Contract Documents are general and not necessarily specific to the Solicitation. It is therefore anticipated that the City may modify these documents to fit the specific project or work in question and the Respondent, by making a Proposal, agrees to such modifications and to be bound by such modified documents. h) to cancel, in whole or part, any invitation for Proposals when it is in the best interest of the City. i) to award the Project to the person with the most responsive, responsible Proposal, as determined by the City. j) to award the Project, and execute a contract with a Respondent or Respondents, other than to one who provided the lowest Proposal Price. k) if the Scope of the Work is divided into distinct subdivisions, to award each subdivision to a separate Respondent. 15. Contingent Fees Prohibited. The proposing firm, by submitting a proposal, warrants that it has not employed or retained a company or person, other than a bona fide employee, contractor or sub-contractor/sub- consultant, 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- contractor/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. 16. Public Entity Crimes. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit an E-bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit an E-bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit E-bids, proposals, or replies on leases of real property to a public entity; may not be awarded or 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 provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. 17. Respondents must use the Proposal Form(s) furnished by the City. All erasures and corrections must have the initials of the Respondent's authorized representative in blue ink at the location of each and every erasure and correction. Proposals must be signed using blue ink; all quotations must be typewritten or printed with blue ink. All spaces must be filled in with the requested information or the phrase "not applicable" or "NA". The proposal must be delivered on or before the date and time, and at the place and in such manner as set forth in the Solicitation Cover Letter. Failure to do so may cause the Proposal to be rejected. Failure to include any of the Proposal Forms may invalidate the Proposal. Respondent must deliver to the City, as part of its Proposal, the following documents: a) The Invitation for Proposal and Instructions to Respondents. b) A copy of all issued addenda. c) The completed Proposal Form fully executed. d) Proposal/E-bid Bond, (Bond or cashier's check), if required, attached to the Proposal Form. e) Certificates of Competency as well as all applicable State, County and City Licenses held by Respondent f) Certificate of Insurance and/or Letter of Insurability. 18. Goods: If goods are to be provided pursuant to this Solicitation the following applies: a) Brand Names: If a brand name, make, manufacturer's trade name, or vendor catalog number is mentioned in this Solicitation, whether or not followed by the words "approved equal", it is for the purpose of establishing a grade or quality of material only. Respondent may offer goods that are equal to the goods described in this Solicitation with appropriate identification, samples and/or specifications for such item(s). The City will be the sole judge concerning the merits of items proposed as equals. b) Pricing: Prices should be stated in units of quantity specified in the Proposal Form. In case of a discrepancy, the City reserves the right to make the final determination at the lowest net cost to the City. c) Mistake: In the event that unit prices are part of the Proposal and if there is a discrepancy between the unit price(s) and the extended price(s), the unit price(s) will prevail and the extended price(s) will be adjusted to coincide. Respondents are responsible for checking their calculations. Failure to do so will be at the Respondent's risk, and errors will not release the Respondent from his/her or its responsibility as noted herein. d) Samples: Samples of items, when required, must be furnished by the Respondent free of charge to the City. Each individual sample must be labeled with the Respondent's name and manufacturer's brand name and delivered by it within ten (10) calendar days of the Proposal opening unless schedule indicates a different time. If samples are requested after the Proposal opening, they must be delivered within ten (10) calendar days of the request. The City will not be responsible for the return of samples. 7 of 69 87 e) Respondent warrants by signature on the Proposal Form that prices quoted therein are in conformity with the latest Federal Price Guidelines. f) Governmental Restrictions: In the event any governmental restrictions may be imposed which would necessitate alteration of the material quality, workmanship, or performance of the items offered on this Proposal prior to their delivery, it will be the responsibility of the successful Respondent to notify the City at once, indicating in its letter the specific regulation which required an alteration. The City of South Miami reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel all or any portion of the Contract, at the sole discretion of the City and at no further expense to the City with thirty (30) days advanced notice. g) Respondent warrants that the prices, terms and conditions quoted in the Proposal will be firm for a period of one hundred eighty (180) calendar days from the date of the Proposal opening unless otherwise stated in the Proposal Form. Incomplete, unresponsive, irresponsible, vague, or ambiguous responses to the Solicitation will be cause for rejection, as determined by the City. h) Safety Standards: The Respondent warrants that the product(s) to be supplied to the City conform in all respects to the standards set forth in the Occupational Safety and Health Act (OSHA) and its amendments. Proposals must be accompanied by a Materials Data Safety Sheet (M.S.D.S) when applicable. 19. Liability, Licenses & Permits: The successful Respondent must assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, and inspections required by this Solicitation and as required by law. The Respondent will be liable for any damages or loss to the City occasioned by the negligence of the Respondent (or its agent or employees) or any person acting for or through the Respondent. Respondents must furnish a certified copy of all licenses, Certificates of Competency or other licensing requirement necessary to practice their profession and applicable to the work to be performed as required by Florida Statutes, the Florida Building Code, Miami -Dade County Code or City of South Miami Code. These documents must be furnished to the City as part of the Proposal. Failure to have obtained the required licenses and certifications or to furnish these documents will be grounds for rejecting the Proposal and forfeiture of the Proposal/E-bid Bond, if required for this Project. 20. Respondent must comply with the City's Insurance Requirements as set forth in the attached EXHIBIT 2, prior to issuance of any Contract(s) or Award(s) If a recommendation for award of the contract, or an award of the contract is made before compliance with this provision, the failure to fully and satisfactorily comply with the City's bonding, if required for this project, and insurance requirements as set forth herein will authorize the City to implement a rescission of the Proposal Award or rescission of the recommendation for award of contract without further City action. The Respondent, by submitting a Proposal, thereby agrees to hold the City harmless and agrees to indemnify the City and covenants not to sue the City by virtue of such rescission. 21. Copyrights and/or Patent Rights: Respondent warrants that as to the manufacturing, producing or selling of goods intended to be shipped or ordered by the Respondent pursuant to this Proposal, there has not been, nor will there be, any infringement of copyrights or patent rights. The Respondent agrees to indemnify City from any and ail liability, loss or expense occasioned by any such violation or infringement. 22. Execution of Contract: A response to this Solicitation will not be responsive unless the Respondent signs the form of contract that is a part of the Solicitation package. The Respondent to this Solicitation acknowledges that by submitting a response or a proposal, Respondent agrees to the terms of the form contract and to the terms of the general conditions to the contract, both of which are part of this Solicitation package. The Respondent agrees that Respondent's signature on the E-bid Form and/or the form of contract that is a part of the Solicitation package and/or response to this Solicitation, grants to the City the authority, on the Respondent's behalf, to inserted, into any blank spaces in the contract documents, information obtained from the proposal and, at the City's sole and absolute discretion, the City may treat the Respondent's signature on any of those documents as the Respondent's signature on the contract, after the appropriate information has been inserted, as well as for any and all purposes, including the enforcement of all of the terms and conditions of the contract. 23. Evaluation of Proposals: The City, at its sole discretion, reserves the right to inspect the facilities of any or all Respondents to determine its capability to meet the requirements of the Contract. In addition, the price, responsibility and responsiveness of the Respondent, the financial position, experience, staffing, equipment, materials, references, and past history of service to the City and/or with other units of state, and/or local governments in Florida, or comparable private entities, will be taken into consideration in the Award of the Contract. 24. Drug Free Workplace: Failure to provide proof of compliance with Florida Statute Section 287.087, as amended, when requested will be cause for rejection of the Proposal as determined by the City. 25. Hold Harmless: A Respondent who submits a proposal in responds to this solicitation does so with the understanding and agreement to indemnify and hold harmless, the fullest extent permitted by law, the City of 8of69 88 South Miami and 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, willfulness, wantonness or intentional acts or omissions of the contractor and persons employed or utilized by the contactor in the performance of its contractual obligations to the City. This indemnification will survive the termination of the Respondent's contractual obligations to the City. Nothing contained in this solicitation is intended, nor will it constitute a right, to sue the City in reference to its decisions to reject, award, or not award a contract, as applicable, unless the claim is based solely on allegations of fraud and/or collusion. The submission of a proposal will act as an agreement by the Respondent that the Proposal/Bid Bond, if required for this project, will not be released until and unless the Respondent waives any and all claims that the Respondent may have against the City that arise out of this Solicitation process or until a judgment is entered in the Respondent's favor in any suit filed which concerns this solicitation process. If a judgment is entered in favor of the City in any litigation for damages, interest, costs, or expenses associated with the litigation, the Proposal/Bid Bond, if required for this project, will be applied to the payment of those amounts awarded by the court and any balance due the City will be paid by the Respondent 26. Cancellation: Failure on the part of the Respondent to comply with the conditions, specifications, requirements, and terms as determined by the City, will be just cause for cancellation of the Award or termination of the contract. 27. Bonding Requirements: The Respondent, when submitting the Proposal, must include a Proposal/Bid Bond, if required for this project, in the amount of 5% of the total amount of the base Proposal on the Proposal/Bid Bond Form included herein. A company or personal check will not be deemed a valid Proposal Security. 28. Performance and Payment Bond: The City of South Miami may require the successful Respondent to furnish a Performance Bond and Payment Bond, each in the amount of 100% of the total Proposal Price, including Alternates if any, naming the City of South Miami, and the entity that may be providing a source of funding for the Work, as the obligee, as security for the faithful performance of the Contract and for the payment of all persons or entities performing labor, services and/or furnishing materials in connection herewith. In addition, if the Respondent's employees will be working in secure or sensitive areas of the City, the City may require that the Respondent provides employee bonding, naming the City of South Miami as the obligee on the bond. The bonds must be with a surety company authorized to do business in the State of Florida. 28.1. Each Performance Bond must be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to City the completion and performance of the Work covered in the Contract Documents. 28.2. Each Performance Bond must continue in effect for five years after final completion and acceptance of the Work with the liability equal to one hundred percent (100%) of the Contract Sum. 28.3. Each Payment bond must guarantee the full payment of all suppliers, material man, laborers, or sub-contractor/sub-consultant employed pursuant to this Project. 28.4. Each Bond must be with a Surety company whose qualifications meet the requirements of insurance companies as set forth in the insurance requirements of this solicitation. 28.5. Pursuant to the requirements of Section 255.05, Florida Statutes, Respondent must ensure that the Bond(s) referenced above must be recorded in the public records of Miami -Dade County and provide CITY with evidence of such recording. 28.6. The surety company must hold a current certificate of authority as acceptable surety on federal bonds in accordance with the United States Department of Treasury Circular 570, current revisions. 29. Proposal Guarantee: Notwithstanding the fact that the Respondent, in submitting a proposal, agrees to the terms contained in the form of contract that is part of this Solicitation package, the successful Respondent, within ten (10) calendar days of Notice of Award by the City, must deliver, to the City, the executed Contract and other Contract Documents that provide for the Respondent's signature, and deliver to the City the required insurance documentation as well as a Performance and Payment Bond if these bonds are required. The Respondent who has the Contract awarded to it and who fails to execute the Contract and furnish the required Bonds and Insurance Documents within the specified time will, at the City's option, forfeit the Proposal/Bid Bond/Security that accompanied the Proposal, and the Proposal/Bid Bond/Security will be retained as liquidated damages by the City. It is agreed that if the City accepts payment from the Proposal/Bid Bond, that this sum is a fair estimate of the amount of damages the City will sustain in case the Respondent fails to sign the Contract Documents or fails to furnish the required Bonds and Insurance documentation. If the City does not accept the Proposal/Bid Bond, the City may proceed to sue for breach of contract if the Respondent fails to perform in accordance with the Contract Documents. Proposal/Bid Bond/Security deposited in the form of a cashier's check drawn on a local bank in good standing must comply with the same requirements as a Proposal/Bid Bond. 30. Pre -proposal Conference Site Visits: If a Mandatory Pre -proposal conference is scheduled for this project, all Respondents must attend the conference and tour all areas referenced in the Solicitation Documents. It will be grounds for rejecting a Proposal from a Respondent who did not attend the mandatory pre -proposal conference. 9of69 89 No pleas of ignorance by the Respondent of conditions that exist, or that may hereinafter exist, as a Solicitation result of failure to make the necessary examinations or investigations, or failure to complete any part of the Solicitation Package, will be accepted as basis for varying the requirements of the Contract with the City of South Miami or the compensation of the Respondent. The Respondent, following receipt of a survey of the property, if applicable, is bound by knowledge that can be seen or surmised from the survey and will not be entitled to any change order due to any such condition. If the survey is provided before the proposal is submitted, the contract price, or negotiation in a request for qualifications, must include the Work necessitated by those conditions. If the survey is provided subsequent to the submission of the proposal or negotiation in a request for qualifications, the Respondent will have five calendar days to notify the City of any additional costs required by such conditions and the City will have the right to reject the proposal, or in the case of an RFQ, the negotiated price, and award the contract to, or begin negotiations with, the second most responsive, responsible E- bidder with the lowest price, or in the case of an RFQ, with the next best qualifications, or to reject all E-bids. 31. Time of Completion: The time is of the essence with regard to the completion of the Work to be performed under the Contract to be awarded. Delays and extensions of time may be allowed only in accordance with the provisions stated in the appropriate section of the Contract Documents, including the Proposal Form. No change orders will be allowed for delays caused by the City, other than for extensions of time to complete the Work. 32. Submittal Requirements: All Proposals must comply with the requirements set forth herein and must include a fully completed Respondent's E-Bid Form, if any, and a Respondent's Cost and Technical Proposal if it is included with this Solicitation Package. 33. Cancellation of E-Bid Solicitation: The City reserves the right to cancel, in whole or part, any request for proposal when it is in the best interest of the City. 34. Respondent may not discriminate in its hiring of employees or sub-contractor/sub-consultants or in its purchase of materials or in any way in the performance of its contract, if one is awarded, based on race, color, religion, national origin, sex, age, sexual orientation, disability, or familial status. 35. All respondents, at the time of E-bid opening, must have fulfilled all prior obligations and commitments to the City in order to have their E-bid considered, including all financial obligations. Prior to the acceptance of any E- bid proposal, qualifications or quotation, the City's Finance Department will certify that there are no outstanding fines, monies, fees, taxes, liens or other charges owed to the City by the Respondent, any of the Respondent's principal, partners, members or stockholders (collectively referred to as "Respondent Debtors"). An E-bid, proposal or quotation will not be accepted until all outstanding debts of all Respondent Debtors owed to the city are paid in full. No E-bidder who is in default of any prior contract with the City may have their E-bid considered until the default is cured to the satisfaction of the City Manager. 36. E-bid Protest Procedure. See attached EXHIBIT 7. 37. Evaluation Criteria: If this project is to be evaluated by an Evaluation Committee, the evaluation criteria is attached as EXHIBITS. 38. Availability of Contract - Any Governmental or quasi -governmental entity, in this or in any other state, or any federal governmental agency, may avail itself of this solicitation and the contract that is awarded pursuant to this solicitation and purchase any and all goods/services specified herein from the successful E-bidder(s)/proposer(s) at the contract price(s) established herein, when any federal, state, and/or local laws, rules, and regulations allows the piggybacking off said contract and provided that the successful E-bidder(s)/proposer(s) is/are in agreement. Each Governmental or quasi -governmental entity which uses this formal solicitation and resulting E-bid contract or agreement will establish its own contractlagreement, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its own exemption certificates as required by the successful E-bidder(s)/proposer(s). 39. Non -Appropriation of Funds. In the event that no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under any contract awarded pursuant to this solicitation, then the City, upon written notice to Successful E-bidder or their assignee of such occurrence, will have the unqualified right to terminate the contract without any penalty or expense. No guarantee, warranty or representation is made that any particular project(s) will be awarded to any Respondent(s). 40. Most Favored Public Entity. Respondent represents that the prices charged to City in the proposal do not exceed existing prices to other customers for the same or substantially similar items or services for comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost factors. If respondent's prices decline, or should respondent, at any time during the term of a contract entered into with City, provide the same goods or services with the same comparable quantities under similar terms, conditions, wages, benefits, insurance coverage and any other material cost factors, Respondent must immediately extend the same prices to City. 10 of 69 90 41. Confidential and Proprietary Information. Respondents may assert that some trade secrets, financial records, and proprietary or other confidential information in their unsolicited proposal are confidential information that they claim to be exempt from disclosure under applicable Florida public records laws. Such information may be included in the unsolicited proposal, but submitted in a separate, sealed binder, designated on the cover as CONFIDENTIAL MATERIALS. A Respondent submitting materials claimed to be confidential must include a cover letter listing all material designated as confidential and clearly mark each page of any material believed to be a trade secret or other confidential information/document in all capital letters and bold font as CONFIDENTIAL MATERIALS. If a document is not totally confidential but contains non -confidential and confidential information, the Respondent must provide a redacted copy of the document and an unredacted copy. In addition, the Respondent must prepare a list of all the documents claimed to be confidential or containing confidential information and on the next line under the description of each document the Respondent must cite the statutory provision that provides the basis for the Respondent's claim that the document or a portion of the document is confidential and below the citation the Respondent must copy and paste the applicable statutory provision (this listing requirement will hereinafter be referred to as "properly list" or "properly listed" confidential document). The failure to properly list a confidential document or the failure to redact a confidential document that is only partially confidential will result in the waiver of any claim that the document is confidential or that the unredacted document contains confidential information. If any person or entity requests that the City produce or disclose any of said purported confidential information or documents, the City will advise the Respondent and afford the Respondent an opportunity to protect its assertion that said confidential information is exempt from production. If Respondent fails to timely authorize the production of the information or document and/or fails to timely seek a protective order, and/or is unsuccessful in obtaining a protective order, the City will produce the requested information or document. The City will not actively contest any request to disclose such alleged confidential information or document and the City cannot guarantee that the alleged confidential document or information may not be disclosed should it ultimately be determined not to be confidential under applicable Florida public records laws. The Respondent must indemnify the City for any damages and costs the City may incur due to the Respondent's claim that its document or information is confidential. The City can only agree to advise the Respondent of such request and give the Respondent an opportunity, at Respondent's sole and exclusive cost, to defend the request for disclosure of the confidential information or document in a Court of competent jurisdiction or other applicable forum. 42. Definitions. The following definitions will govern the interpretation of this RFP: "Certify", including all of its tenses, such as "certifies", "certifying" and "certified", means the act of swearing or affirming under penalties of perjury that the facts that are being "certified" are true and correct and it must be accomplished either by swearing (or affirming) to the truth of the statement before a notary public, or by a declaration, under penalties of perjury, as to the truth of the statement pursuant to Florida Statutes, Section 92.525. 43. Tie E-bids (not applicable to an RFQ). In the event of tie E-bids, Respondents will be directed to submit sealed Best and Final Offers and deliver to the Office of the City Clerk located at South Miami City Hall, 6130 Sunset Drive, South Miami, Florida 33143. The "Best and Final Offers" must be enclosed in a sealed envelope or container and must have the following Information clearly printed or written on the exterior of the envelope or container in which the sealed proposal is delivered: "Best and Final Offers". On the second line of the envelope insert the Project Name and Solicitation Number. On the third line of the envelope insert the name of the person or entity who is going to be legally bound to perform the contractual obligations if awarded the contract. 44. Tie Selection. In the event of a tie by an Evaluation Selection Committee after they have scored each submittal, the meeting facilitator of the Selection Committee meeting, usually the City's Procurement Manager, will tabulate the Selection Committee's scores and advise the Committee there is a tie score; without advising the Committee the scores or the Respondents involved. The meeting facilitator will direct the Selection Committee to re -score the Respondents submittals and, will continue the re -scoring until the tie is broken, and a clear winner for the award recommendation has been determined. If the tie is not broken after three attempts to break the tie, all responses will be rejected, and the item will be re -advertised. 45. Rescind the Award. The City reserves the right to rescind the award recommendation, even after the award recommendation has been conditionally approved by the City Commission but before execution of the Contract by the City Manager and, by responding to this RFP, Respondent agrees to waive any contractual rights or equitable claims that Respondent may have accrued following the initial award recommendation by the City Manager under these conditions. 46. State of Emergency. The City reserves the right, in its sole and absolute discretion, to suspend the work or services or cancel the contract in the event of an emergency that effects the City of South Miami, its residents or businesses and that has been declared by the Governor, Mayor of Miami -Dade County or the City Manager. I I of 69 91 47. Force majeure. Neither party may hold the other responsible for damages or for delays in performance caused by force majeure, acts of God, or other acts or circumstances beyond the control of a party or that could not have been reasonably foreseen, prevented or avoided. For this purpose, such acts or circumstances include, but not limited to, weather conditions affecting performance, floods, epidemics, war, riots, strikes, lockouts, or other industrial disturbances, or protest demonstrations. Should such acts or circumstances occur, the parties will use their best efforts to overcome the difficulties and to resume the work as soon as reasonably possible. 48. Proprietary Rights 48.1 The Respondent hereby acknowledges and agrees that the City retains all rights, title and interests in and to all materials, data, documentation and copies thereof furnished by the City to the Respondent hereunder or furnished by the Respondent to the City and/or created by the Respondent for delivery to the City, even if unfinished or in process, as a result of the Services the Respondent performs in connection with this Agreement, including all copyright and other proprietary rights therein, which the Respondent as well as its employees, agents, subcontractors and suppliers may use only in connection of the performance of Services under this Agreement. The Respondent shall not, without the prior written consent of the City, use such documentation on any other project in which the Respondent or its employees, agents, subcontractors or suppliers are or may become engaged. Submission or distribution by the Respondent to meet official regulatory requirements or for other purposes in connection with the performance of Services under this Agreement shall not be construed as publication in derogation of the City's copyrights or other proprietary rights. 48.2AII rights, title and interest in and to certain inventions, ideas, designs and methods, specifications and other documentation related thereto developed by the Respondent and its subcontractors specifically for the City, hereinafter referred to as "Developed Works" shall become the property of the City. 48.3 Accordingly, neither the Respondent nor its employees, agents, subcontractors or suppliers shall have any proprietary interest in such Developed Works. The Developed Works may not be utilized, reproduced or distributed by or on behalf of the Respondent, or any employee, agent, subcontractor or supplier thereof, without the prior written consent of the City, except as required for the Respondent's performance hereunder. 48.4 Except as otherwise provided in subsections a, b, and c above, or elsewhere herein, the Respondent and its subcontractors and suppliers hereunder shall retain all proprietary rights in and to all Licensed Software, if any is provided hereunder, that have not been customized to satisfy the performance criteria set forth in the Scope of Services. Notwithstanding the foregoing, the Respondent hereby grants, and shall require that its subcontractors and suppliers grant, if the City so desires, a perpetual, irrevocable and unrestricted right and license to use, duplicate, disclose and/or permit any other person(s) or entity(ies) to use all such Licensed Software and the associated specifications, technical data and other Documentation for the operations of the City or entities controlling, controlled by, under common control with, or affiliated with the City, or organizations which may hereafter be formed by or become affiliated with the City. Such license specifically includes, but is not limited to, the right of the City to use and/or disclose, in whole or in part, the technical documentation and Licensed Software, including source code provided hereunder, to any person or entity outside the City for such person's or entity's use in furnishing any and/or all of the Deliverables -provided hereunder exclusively for the City or entities controlling, controlled by, under common control with, or affiliated with the City, or organizations which may hereafter be formed by or become affiliated with the City. No such License Software, specifications, data, documentation or related information shall be deemed to have been given in confidence and any statement or legend to the contrary shall be void and of no effect. 12 of 69 92 CONE OF SILENCE ORDINANCE, SECTION 8A-7 Co -Ed YOUTH BASEBALL MANAGEMENT SERVICES RFP #PR2021-42 Chapter 8A of the City of South Miami Code of Ordinances is hereby amended in pertinent part to add a new section 8A-7 which is to read as follows: Sec. 8A-7. Cone of Silence: (A) Definitions. (1) "Cone of silence", as used herein, means a prohibition of any communication regarding competitive solicitations such as a request for proposal ("RFP"), request for qualification ("RFQ"), request for information ("RFI") or request for bid ("RFB"), between: (a) A potential vendor, service provider, proposer or bidder (hereinafter referred to as the "Potential Bidder"), or agent, representative, lobbyist or consultant for the Potential Bidder; (hereinafter referred to as the "Bidder's Representative") and (i) Members of the City Commission or (ii) City's professional staff or (iii) Any member of the City's selection, evaluation or negotiation committee. (b) Members of the City Commission shall not communicate with professional staff or members of the selection, evaluation and negotiation committees at any point in the competitive process except as provided in paragraph D (3) below. (2) "City's professional staff' means City Department Heads and their staff and the City Manager and Deputy City Manager and their staff including consultants involved in the solicitation, evaluation and negotiation process. (B) Restriction; notice. A cone of silence shall be imposed upon each competitive solicitation, commencing with the date that the advertisement of said solicitation is published and the requirements of this section shall be included in the solicitation. At the time of imposition of the cone of silence, the City Manager or Manager's designee shall: (a) provide for public notice of the cone of silence by posting a notice at City Hall; (b) issue a written notice thereof to the affected Departments; (c) file a copy of such notice with the City Clerk; and (d) serve a copy thereof on each City Commissioner. (C) Termination of Cone of Silence. The Cone of Silence shall terminate at the beginning of the City Commission meeting at which the City Manager makes his or her written recommendation to the City Commission or at the time that the solicitation process is terminated by the City Manager. However, if the City Commission refers the Manager's recommendation back to the Manager or staff for further review, the cone of silence shall be reimposed until the beginning of the City Commission meeting at which the City Manager makes a subsequent written recommendation. (D) Exceptions to applicability. The provisions of this section shall not apply to: (1) Communications at a duly noticed pre -bid conferences or at any duly noticed public Selection or Negotiation Committee meeting or duly noticed public City Commission meeting at which the City Manager has placed the subject of the solicitation on the Agenda; (2) Communication regarding the solicitation at recorded contract negotiations, recorded oral presentation or recorded oral question and answer session and recorded contract negotiation strategy sessions in compliance with the exemption in Florida Statutes Section 286.01 13; 13 of 69 93 (3) Briefings made by the City Manager or his designee to the City Commissioners during a meeting following the completion of the Selection or Negotiation Committee meetings; (4) Written communication at any time with any City professional staff (not including selection, evaluation or negotiation committee members), unless specifically prohibited by the applicable competitive solicitation documents. This section shall not be construed to prevent written communication between City professional staff and any City selection, evaluation or negotiation committee. A copy of any written communication made during the cone of silence shall be contemporaneously filed with the City Clerk by the Potential Bidder or Bidder's Representative. The City Clerk shall make copies available to any person upon request; (5) Communication that is strictly limited to matters of those processes or procedures that are contained in the corresponding solicitation document and which communication is between any person and the City's Purchasing Agent or the City employee who is designated as being responsible for administering the procurement process for such solicitation; (6) Communications with the City Attorney and his or her staff; (7) Communications during any duly noticed site visits to determine the competency and responsibleness of bidders regarding a particular bid during the time period between the opening of bids and the time the City Manager makes a written recommendation; (8) Any emergency procurement of goods or services pursuant to City Code; (9) Responses to a request made by the City's Purchasing Agent, or the City employee who is designated as being responsible for administering the procurement process for such solicitation, for clarification or additional information; (10) Communications prior to bid opening between City's professional staff and Potential Bidders and/or Bidder's Representatives to enable City staff to seek and obtain industry comment or perform market research, provided all communications related thereto between a Potential Bidders and/or Bidder's Representatives and any member of the City's professional staff including, but not limited to the City Manager and his or her staff, are in writing or are made at a duly noticed public meeting. (F) Penalties. Violation of this section by a particular bidder or proposer, or their representative, shall render any award to said bidder or proposer voidable by the City Commission and/or City Manager. Any person who violates a provision of this section may be prohibited from serving on a City selection or evaluation committee. In addition to any other penalty provided herein, violation of any provision of this section by a City employee may subject said employee to disciplinary action at the discretion of the City Manager. END OF SECTION 14of69 94 PROPOSAL SUBMITTAL CHECKLIST FORM Co -Ed YOUTH BASEBALL MANAGEMENT SERVICES RFP #PR2021-42 This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented by the deadline set for within the solicitation. Fulfillment of all solicitation requirements listed is mandatory for consideration of response to the solicitation. Additional documents may be required and, if so, they will be identified in an addendum to this Solicitation. The response must include the following items: The City will only receive submittals online and electronically through the Demand Star Electronic Bid System (E-Bidding). To register as a business, go to https://network.demandstar.com/ The City, at its discretion, may X request hard copies of proposals received from a specific Respondent or all Respondents. Respondents Minimum Requirements, EXHIBIT 1, Scope of Services, X Attachment C. Comprehensive Proposal Checklist EXHIBIT I, Scope of Services, X Attachment D X Indemnification and Insurance Requirements, EXHBIT 2 X Respondents Bid Form. EXHIBIT X Respondents Cost & Technical Proposal, EXHIBIT X Signed Contract Documents (All — including General Conditions and Supplementary Conditions if attached) EXHIBIT 6 X Respondents Qualification Statement List of Proposed Subcontractors and Subconsultants and Principal X Suppliers X Non -Collusion Affidavit X Public Entity Crimes and Conflicts of Interest X Drug Free Workplace X Acknowledgement of Conformance with OSHA Standards X Affidavit Concerning Federal & State Vendor Listings X Related Parry Transaction Verification Form X Presentation Team Declaration/Affidavit of Representation Submit this checklist along with your proposal indicating the completion and submission of each required forms and/or documents. END OF SECTION 15 of 69 95 RESPONDENT QUALIFICATION STATEMENT Co -Ed YOUTH BASEBALL MANAGEMENT SERVICES RFP #PR2021-42 The response to this questionnaire will be utilized as part of the CITY'S overall Proposal Evaluation and RESPONDENT selection. I. Number of similar projects completed, a) In the past 5 years In the past 5 years On Schedule b) In the past 10 years In the past 10 years On Schedule 11. List the last five (5) completed similar projects. a) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: b) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price c) Project Name: Owner Name: 16 of 69 96 Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: d) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: e) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: 17of69 97 III. Current workload OwnerProject Name IV. The following information must be attached to the proposal. a) RESPONDENT's home office organization chart. b) RESPONDENT's proposed project organizational chart. c) Resumes of proposed key project personnel, including on -site Superintendent. V. List and describe any: a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations, b) Any arbitration or civil or criminal proceedings, or Suspension of contracts or debarring from Bidding or Responding by any public agency brought c) against the Respondent in the last.five (5) years VI. Government References: List other Government Agencies or Quasi -Government Agencies for which you have done business within the past five (5) years. Name of Agency: Address: Telephone No.: Contact Person: Type of Project: Is of 69 98 Name of Agency: Address: Telephone No.: Contact Person: Type of Project: Name of Agency: Address: Telephone No.: Contact Person: Type of Project: 19 of 69 99 LIST OF PROPOSED SUBCONTRACTORS, SUBCONSULTANTS AND PRINCIPAL SUPPLIERS Co -Ed YOUTH BASEBALL MANAGEMENT SERVICES RFP #PR2021-42 Respondent must list all proposed subcontractors and subconsultant, if subcontractors and subconsultants are allowed by the terms of this Solicitation to be used on this project if they are awarded the Contract. Other: This list must be provided as a part of Respondents submittal to the City of South Miami and in response to this RFP. END OF SECTION 20 of 69 100 %r ALM Discover. Connect. Compete Please Remit To: � Aiv ALM Media, LLC PO Box 936174 Atlanta, GA 31193.6174 CITY OF SOUTH MIAMI Attention To: NKENGA "NIKKI" PAYNE NKENGA A. PAYNE 6130 SUNSET OR SOUTH MIAMI, FL 33143 PLEASE RETURN THIS SECTION VATH PAYMENT Daily Business Review Miami Dade Invoice Date: 08/162021 Customer#: 900FA79 Daily Business Review Miami Dade Customer No: 9005479 Invoice M 10000546399-0816 Invoice Date: OSMS/2021 Due Date: Due Upon Receipt AMOUNT DUE: $127.13 Amount Remitted i -U HF n Invoice 0 Description Amount 10000546399-0816 PlacementlPosrdon: SidslHeam9siMee6nps10rdinances/Bid Notices 8 RFPs $12713 Run Dates: 0a/i6/2021 Ad Size: 2 a 7.15 Inches Subtotal 5127 13 CITY OF SOUTH MIAMI - RFP #PR2021-02 Total Due $127.13 visit our online payment portal at https:ltw .aimpaymentcontGr.com to pay via credit card For billing 9uc511001, please small: ALMcallectlon@alm.eom. A aw ALM Discover. Connect. Compete. 151 MIAMI DAILY BUSINESS REVIEW Publshed Daily except Saturday. Sunday aral Legal Holidays Miami. MiandDrWu County, Fiords STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared GUILLERMO GARCIA, who on oath says that he or she is the DIRECTOR OF OPERATIONS, Legal Notices of the Miami Deily Business Review Will 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 #PR202t42 In the XXXX Court was published in said newspaper in the issues of 081162021 Afford 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 mall 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 atached copy of advertisement and affant 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 newspaper. Sworn and subscribed before me this 76 US .D. 2021 (S GUILLERMO G CIA personally known to me CHNSTINALYNN RAVIX `Comaftitiwl#GG277771 Expires Navember19,2W hake.. BirdWTrvTmyFsrld&rmnsa SDD-67VD CITY OF SOUTH MI1A II CO-ED YOUTH BASEBALL MANAGEMENT SERVICES RFP #PR2021-42 SUBMITTAL DUE DATE: SEPTEMBER 21, 2021 AT 10 AM The City is hereby requesting sealed proposals in response to this RFP 9PR2021-4Z Co -Ed YOUTH BASEBALL MANAGEMENT SERVICES The purpose of this Solicitation is to contract for the services necessary for the completion of the project in accordance with the Scope of Services, (1EDfIB1T 1, Attachments A, B, C,S D) and the plans and/or specifications, if any, described in this Solicitation (hereinafter referred to as *the Project' or 'Project'). Interested persons who wish to respond to this Solicitation can obtain the complete Solicitation package by accessing the following webpage: httpJ/www.southmiamifl.gov/ which is the City of South Miami's web address for solicitation information. The City will only receive submittals electronically through the DemandStar Electronic Bid System (E-Siddutg). To register as a business, go to htipsJ/net_work.d_emandstar.com/ Proposals must be received electronically through DetnundSlar, no later than 10:00 A.M. local time (the "Closing Date) on September 21, 2021 and any Proposal received by the City through DemandStar after 10:00 a.m. local time on saitl date will not be accepted under any circumstances. Hand delivery will not be accepted. [#417)LZa77ZJRIC301 , 173aH1,1210:7Z2[N12L`S The opening of E-Bids for this solicitation will occur at 10:30 A.M. local time on (the Closing Date, September 2, 2021. The City Clerk will conduct the E-Bid Opening through video conferencing using the Zoom platform. Members of the public may view the meeting via Zoom at httpsJ/zoom. u510056636339, or listen to the meeting on a dedicated phone the by dialing +1-706-635-1003 Meeting ID: 3056636339. NON -MANDATORY PRE -BID MEETING VIA ZOOM VIDEO CONFERENCING The Procurement Division will conduct the E-Bid Opening through video conferencing using the Zoom platorm at 10:00 AM on September 1, 2021. Members of the public may view the meeting via Zoom at hnosJ/ zoom.usW056635339, or listen to the meeting on a dedicated phone line by dialing+1-7B6-635-1003 Meeting ID: 3056636339. Nkenga A. Payne, CMC, FCRM City Clerk, City of South Miami 8/16 21-38/0000546399M 152 UWTbgmg 153 9123121, 2:12 PM Detail by Entity Name OiviSm:J OF COFPDRAnorv> [7$aaMTm of State / / Search Rewrds / Search by Enti yJName / Detail by Entity Name Florida Profit Corporation DA.NNY BERRY S BASEBALL CAMP, INC. Fes' ftlg Information Document Number P94000050656 FEIIEIN Number 65-0502774 Date Filed 07/08/1994 State FL Status ACTIVE Last Event CANCEL ADM DISS/REV Event Date Filed 04113/2009 Event Effective Date NONE Princtoal Address 1225 NE 172 STREET MIAMI, FL 33162 Changed: 03/02/2017 Madina Address 1225 NE 172 STREET MIAMI, FL 33162 Changed: 03/02/2017 Registered Agent Name & Address BERRY, DANNY 1225 NE 172 STREET MIAMI, FL 33162 Name Changed: 04/13/2009 Address Changed: 03/02/2017 Officer/Director Detail Name & Address Title P BERRY, DANNY 1225 NE 172 STREET MIAMI, FL 33162 154 u, search.sunbi2.org/Inquiry/CorpomtionSearch/SearchResultOetail?inquirytype=EnlityName&directionType=lnldal&searchNameOrder=DANNYBERRYS... 9/23/21. 2:12 PM Detail by Entity Name Annual Reports Report Year Filed Date 2019 04/11 /2019 2020 03/04/2020 2021 04/07/2021 Document Lffmges 04107/2021 — ANNUAL REPORT View image in PDF format 03fQ412020 — ANNUAL REPORT View image in PDF format p4h112019 — ANNUAL REPORT View image in PDF format 03126/2018 -• ANNUAL REPORT View image in PDF format 03102/2017 — ANNUAL REPORT View image in PDF format i I oyi6/2o16 —ANNUAL REPORT View image in PDF format 0Mn/2e16 — ANNUAL REPORT View image in PDF format j 0212,U014 — ANNUAL REPORT View image in PDF format 0212012013 -- ANNUAL REPORT View image in PDF format I 03/2112012 — ANNUAL REPORT View image in PDF format 04104/2011 — ANNUAL REPORT View image in PDF format 0 1o612010 — ANNUAL REPORT View image in PDF format 04113/2000 — CORAPREIWP View image in PDF format Q411212004 —ANNUAL REPORT View image in PDF format 02LO312003 — ANNUAL REPORT View image in PDF format i 03.'1412002 — ANNUAL REPORT View image in PDF format 0112612001 — ANNUAL REPORT View image in PDF format 0212612000-- ANNUAL REPORT View image in PDF format 03/0411999 — ANNUAL REPORT View image in PDF format 03109/1998 —ANNUAL REPORT View image in PDF format 031061997 — ANNUAL REPORT View image in PDF format 06111/1996 — ANNUAL REPORT View image in PDF format 1311995 -- ANNUAL REPORT View image in PDF format 155 search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder—DANNYBERRYS... ,..,. 20ZI- FLORIDA PROFIT CORPORATION ANNUAL, REPORT DOCUMENT# P94000050656 Entity Name: DANNY 13ERRY'S BASEBALL CAMP, INC. Current Principal Place of Business: 1225 KE 172 STREET MIAMI, FL 33162 Current Mailing Address: 1225 NE 172 STREET MIAMI, FL 33162 US FEI Number: 65-0502774 Nama and Address of Current Registered Agent: BERRY. DANNY 1225 PIE 172 STREET MIAMI, FL 33162 US FILED Apr 07, 2021 Secretary of State 2360344391 CC Certificate of Status Desired: No The aac re named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Officer/Director Detail Title P Name BERRY,DANNY Address 1225 NE 172 STREET City -State -Zip: MIAMI FL 33162 t hereby C*P* that the Wormation indicated on this report or supplemental repot is true and accurate and that my electronic signature chap have the same Legal effect as if made under oath, that i em an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607. Florida Statutes; and that my name appears above, c.,rn an attachment with all other titre empowered. SIGNATURE: DANNY BERRY P 04/07/2021 Electronic Signature of Signing Officer/Director Detail Date 156 16SF I NEIGHBORS I WAIT DISNEY WORLD Guest enters Cinderella Castle A video went vim] on TikTok, reaching more than 780,000 views, after a Wall Disney World guest strolled up the steps of the iconic Cinderella Castle at Magic Kingdom on Sept. 16 — an area off-limits to visitors. As the trespasser walked across the balcony, waving and smiling to the guests below, viSRGES arc heard saying, "What is he doing up there?" Nico Vacca, an Insta- grant influencer, told indy100 that because the door was open to the stair- well, he climbed up and had one of his friends take a picture from below. After- ward, a cast member called him down. Vacca told in- dy100 that a security guard approached him later that day about the incident and gave him an order not to trespass again. —MLIA RICEIAROSON NOTICE OF NONDISCRIMINATORY POLICY AS TO STUDENTS Ransom Everglades Sdmoi admits students of any race, color, national or ethnic origin, religion, disability, sex, sexual orientation. gender identity and expression to all rights, privileges, programs and activities generally accorded or made available to students at the schuul. rt dues not discriminate on the basis of race, color, religion, national or ethnic origin, disability, sex, sexual orientation, gender identity and expression in administration of its educational policies, admissions policies, scholarship and loan programs, and athletic and other school -administered programs. 1571 ham Ili •ha.ly, t'.ncunm Grave, fluoda kitty Raammfinedadm SehW sns46Bsheo�w ewr.euomevergladvs,org M CITY OF SOUTH MIAMI. FLORIDA CITY COMMISSION NOTICE OF PUBLIC HEARINGS Inerderla balance the ten Ice Ne Dryof Scum Miami In InnahnlaMmed 1atel huge"' bi the Cthsl 19 paMemrsteal the Ian's IMG b lohno Ne Nabar sahry and werser fl tls one" I $."' drive and adMlislmtlrt Nor aM their DIV at Soudr MIN C.N. Gassier te6oll, W.31a1.IMGry's Ibre Puk vdwen. a^n Gy ARTUALsY brucali^nat ucedal am[rpenry 01wA, t MH bane[ Ne City w11M MMnp Ile Gly Comrlvdcal Mathe im.ohehe[timbersandr by doLLVdrrdupheu"OudddisAhis 'sCaatsses cha bee itp Ind ,are 01 Oconee,,I rushmwhYasuarsheahe Inh zhher repulN bya server ardrIf tFlv,b an, Is. AN Caresses a In,. I allpaNapah hIUumarsmky and ridishu'.Np Imm�llh the Zoom pmmrmeremembersnl thehabitmay be Ik meetl^paaiadm al IORa mearen iCamilla ami(r.163@91aMpartltlpate.Alamimmmn.al Masi NrremembersollMDry edmmh5lonwla LephyskvlNplesentlnlne OlyCamrrlstion CNmLtn I soil Nry Mu be omadwsl on I ne Zoom p b0orm slaty ufN al dt car meldtn of Ind Um miss0e city Soil and I k puYlt wla may a1Mtl rmnleN hom Ind Lout rvistion Cnam%n antl M1wn otMl MaEpn. MmhaghvMddMb Cro^ on MM NIIIrr6. EIEI [n:Mumm�dkrlM IORwfipp.Nf MaNghMn: A adverse aNndnarp the Gly Mauper In enter Irm i ml4yeu lease, w,memenl with PCN studies. In, am BE IAC far Mavis and boast, w,vkeslnl the Pnioa oachrear, A fear anthedury lMGly Mana¢r to brother,&IN he enter imp a rhana ar central with Nanny Roo Baseball camp. IN for iM nradea l riveter baseball propnm samosI lPalmer hek ideal Id nresenleaRrceor Yanate uwdk In ]rom.lnto as baseness b blow eMolMm us,re avaaaHelrclwpml a cartoon aim,, IN In lelenand pamdWleln IN earth, and xaIN[ rcdhaltlMhre, apolwhOds III tall In tat moire rode[ .,led or Oly WI aMalntrtllliw.amulhrriamldwIdEBEINEIM111INJNovgi prcyont wlro M[MemRa¢w ptn6np adplwfunsupportivyneumenNlAn o, wYatlnnebllarttlrfumenis mtle MailadblarvieWlnp LyeveryrN du... the msit, mmlm cart IN Cllyelar ester, 30b6636340. the 11 nu 11-1 sae mat am"e, vr".1 neaten W — ma@ ha WwI age, erlin.mnm — man. It, no, rambidal m reOewManq artW olry Yvrwma4tryJbrwarpw W tO.arm+MtrreM[pnMeawrW'nI'a+me'r,hltmyq,YW4,h'nnwy MAa u.,I" aywye nvrr—mscarm om tero .ho'baaryreb+Mmrrbrlewwl syW trrPta roeMbMrpv uytlartefMRnwlkVe:WSWH]MryY 61'g-Sumer ut..s�e^In..».arty>.mealroa.a,am.aumnpn. turyA Bryn. vic .a "oh, ew w!abn a I--r'rw n pe,a, lµ nl SUNDAY SEPTEMBER 16 ME ATTENTION! FDOTT �l TRANSPORTATION PUBLIC HEARING Come and learn about the Florida Department of 002 Transportation's District Six Five -Year Tentative Work Program for Fiscal Years 2022/2023 thru 2026/2027 Miami -Dade County Hearing Thursday, October 14, 2021 6 p.m. to 7:30 p.m. Attend In Person ey Scan me to RSVP FOOT District Six Auditorium for in -person ❑7."%--❑ ■ q'L 1000 NW 111 Avenue, Miami, FL 33172 L r� tr Space is Limited: RSVP by October 8, visit www.fdot.gov/wpph/district6 or scan the OR code. �k{, •rL� The in -person Public Hearing will be in compliance with all current Centers for Disease Control and Prevention (CDC) guidelines. A""y Scan mu re alte^d Attend Virtually malty To attend the Public Hearing via GoToWebinar MIN from your computer, tablet or smar phone : IL IS' please register using the link below or scan +o the OR Code: ❑� L' F. https J/attendee.gotowebi na r.corn/reg i ster/4697143777893948941 Participants can also use their phone by dialing: +1 (562) 247-8422; Access code: 547-033.443 YOUR OPINION IS IMPORTANT TO US FOOT PROJECT MANAGERS W ILL ATTEND VIRTUALLY TO HEAR YOUR THOUGHTS AND ANSWER YOUR QUESTIONS. Public Marietta ore We, bald In becoh xed. nth The pophrea el Improvements Mae been developed Section 339,135, Florida Slalules end to offer the In acwmaWa with the Civil Rights And of 1964 meld Wdk an ommdunity IN wmmsed on all projeam for iM Call Right Act m 1968. highway system. also Wake mansWnmion vere n Flarrds Department of Transportation Distdd Ses Tentative Five Yew Work Program. D'rslrcr She cam enws Mutant Does and Months Churches. TM Tomato, Fiw Yaw Work Program the period for 2022W23-2026r2027. Send enters, Mlrwnts by CCIWer 24. 2021 Io Tleh Burgher, asucl Public Inlmmatron order , by mail: 10M " I I I Avenue, Bhhrh 6134. Miami, Fonda 33172, an email: Their Revaluations reasH us. These comments will also M Inwryoreled In Ica the public document. Public Nocpatern Is waddled without re0am to rage, bathe, nadnal origin, age. Sec 'sigh, due ability or lamily status. Persons who reaulm special mmodetbns under the Arrmdcens with Dmabib Ries AN or perwns who nature translation services Qree hi clmrgel should contact NkMbs Dan.. P.E. by phone at E305) 470t5219, In wdfng at FDOT loop NOW 111 Avenue. Miami. FL Min, w via smarl at Nm.D vlwlanp Vchul.etalellus 61 least even nova pow 1. the m.erng.