Res No 110-23-16043RESOLUTION NO. 110 -23-16043
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, APPROVING THE PURCHAS E OF SENSORY
PLAYGROUND EQUIPMENT FROM REP SERVICES, INC.
FOR MURRAY PARK; AUTHORIZING THE CITY
MANAGER TO ENTER INTO A PURCHASE ORDER
AND/OR AGREEMENT FOR SUCH PURCHASE;
PROVIDING FOR IMPLEMENTATION, CORRECTIONS,
AND AN EFFECTIVE DA TE.
WHEREAS, the City of South Miam i (th e "City") see ks to promote an in clusive
env iron ment w ithin the C ity 's park syste m that acco mm odates ch ild ren w ith d ive rse abi li ties and
senso ry sens iti viti es ; and
WHEREAS, in furth era nce of th is goa l, th e C it y d esi res to purchase certain senso ry
p laygro und eq uipment, in c lu ding a Xy lo fun Pan e l, We -Saw, and Chill Spi nn er (the ·'Equipment"')
for Murray Park; and
WHEREAS, the C ity w ishes to purc hase the Eq uipm ent from Landscape Stru ctures , Inc.
(th e "Ma nu facturer"'), w hi c h manufa ctur ed th e ex ist in g playground structure at Mu rray Park ; and
WHEREAS, Arti c le Ill , Sect ion 5, of the C ity Charter prov ides that a ll purchases in excess
of $5,0 00 s ha ll be approved by th e Cit y Co mmis s ion afte r compet iti ve conditions have been
mainta in ed and competitive bid s sought from at least three different so urces of supply , if ava il ab le.
w ith s uc h determ in ation to be made by the City Commission; a nd
WHEREAS, REP Services, In c. (t he "Vendor") is the excl usive representat ive a nd local
d istributor for the Manufacturer·s Equipm e nt in th e State of Flori da, and. therefore , the so le source
provider avai lab le fo r the Eq ui pme nt; and
WHEREAS, the Vendo r has prov id ed th e C ity with a pro posa l for t he pu rchase of the
Equipme nt in the amou nt of $25,229.50, attached hereto as Ex hibi t "A" (t he ·'Proposal"), and a
Page 1 of 3
Res. No. 110-23-16043
sole source letter attached hereto as Exhibit "B" confirming that they are the sole source provider
for the Equipment in the State of Florida; and
WHEREAS, the City Commission desires to approve and authorize the purchase of the
Equipment from the Vendor, in an amount not to exceed $25,229.50; and
WHEREAS, the Equipment will be installed at Murray Park by a separate third-party
vendor;and
WHEREAS, the purchase of the Equipment will be charged to the ARP A Account
Number I 21-2000-572-6550, which has a current fund balance of $4,360,613; and
WHEREAS, the City Commission finds that this Resolution is in the best interest and
welfare of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The above-stated recitals are true and correct and are incorporated
herein by this reference.
Section 2. Approval of Purchase of Equipment. The City Manager is hereby
authorized to purchase the Equipment from the Vendor consistent with the Proposal from the
Vendor, attached hereto as Exhibit "A," in an amount not to exceed $25,229.50, and pursuant to a
Purchase Order and/or agreement approved by the City Manager and City Attorney as to form,
content, and legal sufficiency. The cost of the Equipment shall be charged to ARPA Account
Number 121-2000-572-6550, which has a current fund balance of $4,360,613.
Section 3. Implementation. That the City Manager is authorized to take any and all
actions necessary to implement the purchase of the Equipment and the purposes of this Resolution.
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Res. No . 110 -23 -160 43
Section 4. Corrections. Co nform ing language or technical scrivener-type correct ions
may be made by t he City Attorney for any conforming amendments to be in co rp ora ted into the
fina l re so luti o n for s ignature.
Section 5. Effective Date. Th is Reso luti on s hall become effect ive immed iately upon
adoption.
PA SSE D AND ADOPTED th is~ day of September, 2023.
ATTEST:
READ AND APPROVED AS TO FORM ,
LA NGUAGE, LEGALITY AND
EXECUT ION THEREOF
OL--
WEISS SEROTA HELFMAN CO LE
& BIERMAN , P.L.
C ITY ATTORNEY
Page 3 of3
APPROVED:
COMM ISSION VOTE:
Mayor Fernandez :
Vice Mayor Boni c h:
Comm iss ion er Calle:
Commi ssio ner Liebman:
Co mmi ss io ner Corey:
5-0
Yea
Yea
Yea
Yea
Yea
Agenda Item No:4.
City Commission Agenda Item Report
Meeting Date: September 5, 2023
Submitted by: Quentin Pough
Submitting Department: Parks & Recreation
Item Type: Resolution
Agenda Section:
Subject:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
APPROVING THE PURCHASE OF SENSORY PLAYGROUND EQUIPMENT FROM REP SERVICES, INC.
FOR MURRAY PARK; AUTHORIZING THE CITY MANAGER TO ENTER INTO A PURCHASE ORDER
AND/OR AGREEMENT FOR SUCH PURCHASE; PROVIDING FOR IMPLEMENTATION, CORRECTIONS,
AND AN EFFECTIVE DATE. 3/5 (COMMISSIONER COREY)
Suggested Action:
Attachments:
Memo-New_Playground_Components__qp_.docx
4763749-Resolution Approving the Purchase of Sensory Playground Equipment - Murray Park - Rep Services
Inc..DOCX
Exhibit A-Proposal.pdf
Sole Source Letter 2023.pdf
1
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM:Genaro “Chip” Iglesias,City Manager
DATE:September 5, 2023
SUBJECT:Procure new inclusive and sensory play equipment components at Murray Park.
RECOMMENDATION:Pursuant to the request of Commissioner Corey, the above-
referenced subject matter is submitted for consideration by the City
Commission regarding the purchase of new inclusive and sensory-
diverse play equipment at Murray Park.
BACKGROUND:The proposed project entails the procurement of three (3)new play
equipment products: Xylofun Panel, We-Saw, and Chill Spinner.
The purpose of this project is to further promote an inclusive
environment within the City’s park system that accommodates children
with diverse abilities and sensory sensitivities. The new additional types
of play equipment are designed to foster meaningful and engaging play
experiences for all children, regardless of their physical, sensory, or
cognitive abilities.
Landscape Structures is the manufacturer of the existing playground structure
at Murray Park. Rep Services, Inc. is the exclusive/sole representative for Park
and Playground Equipment and the authorized local distributor of Landscape
Structures in the state of Florida.Refer to the sole source letter attached from
Landscape Structures.
The aforementioned equipment will be installed at Murray Park by a
third-party vendor, contingent upon approval by the City Commission.
Project/order lead time is approximately six (6) to nine (9) weeks once
the vendor receives a purchase order and color submittals.
2
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
VENDOR &EXPENSE:Rep Services, Inc. Proposal/contract amount shall not to exceed $25,229.50.
FUND ACCOUNT:The American Rescue Plan Act (ARPA) account has a current balance of
$4,360,613 at the time of this request. The contract amount will be applied to
account number 121-2000-572-6550.
ATTACHMENTS:Resolution
Proposal – Rep Services, Inc.
Sole Source Letter from Landscape Structures
2D Drawing Plan
3
AMERICAN RESCUE PLAN ACT ADDENDUM TO
CONTRACT FOR NEW SENSORY PLAYGROUND EQUIPMENT
BETWEEN
THE CITY OF SOUTH MIAMI
AND
REP SERVICES, INC.
THIS ADDENDUM to the Contract for New Sensory Playground Equipment (the
"Addendum") is entered into as of the 2_ day of September, 2023 (the "Effective Date of this
Addendum"), by and between the CITY OF SOUTH MIAMI, a Flo1ida municipal corporation,
(the "City") and REP SERVICES, INC., a Florida For-Profit Corporation authorized to do
business in Florida (hereinafter, the "Contractor''). Collectively, the City and the Contractor are
ref erred to as "Parties."
WHEREAS, on Septembe1· 5, 2023, the City entered into a Contract for New Sensory
Playground Equipment (the "Agreement") with the Contractor for new play equipment
improvements at Murray Park (the "Project"), as further defined in the Agreement; and
WHEREAS, on March 11, 2021, the federal government adopted the American Rescue
Plan Act ("ARP A"), which, among other things, provides local governments with emergency
COVID-19 funding; and
WHEREAS, the City desires to utilize ARP A funding to implement the Project; and
WHEREAS, in order to utilize ARP A funding fol' the Project, the City desires to
incorporate federally required contract provisions relating to ARP A into the Agreement, as set
forth in this ARP A Addendum; and
WHEREAS, the City and Contractor wish to modify the terms of the Agreement in
accordance with the terms and conditions set forth in this ARP A Addendum.
NOW, THEREFORE, for and in consideration of the mutual promises set forth herein,
the City and Contractor agree as follows:1
1. Recitals lncorpol'ated. The above recitals are true and correct and incorporated herein.
2. Ame1·ican Rescue Plan Act Pl'ovisions. The Agreement is hereby amended by adding the
following provisions to the Agreement:
2.1.Mandated Fedel'al Ag1·eement Conditions.
2.1.1. In co1mection with the performance of this Agreement, Contractor acknowledges
that compensation for the Project services under this Agreement shall be fully or partially
funded using the Coronavin1s State and Local Fiscal Recovery Funds allocated to the City
pursuant to the American Rescue Plan Act. As such, Contractor shall comply with all laws,
rules, regulations, policies, and guidelines (including any subsequent amendments to such
laws, regulations, policies, and guidelines) required by the American Rescue Plan Act,
1 Coding: Slrtltetl\ro1:1e~ 1Nords are deletions to the existing words. Underlined words are additions to the existing words.
City of South Miami, Fl Page 1 of 12
inclllding, but not limited to the following documents and guidelines, which are incorporated
herein and made a part of this Agreement:
ARP A Exhibit 1.Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards (2 CFR Part 200), as applicable and as may
be amended from time to time;
ARPA Exhibit 2.The U.S. Department of the Treasury's Final Rule governing ARPA, dated
January 27, 2022;
ARPA Exhibit 3.U.S. Department of the Treasury Coronavirus State and Local Fiscal Recovery
Funds Award Tenns and Conditions (Assistance Listing Number 21.019);
ARPA Exhibit 4.The U.S. Department of the Treasury's Coronavirus State and Local Fiscal
Recovery Funds Frequently Asked Questions, dated April 27, 2022;
ARP A Exhibit 5.American Rescue Plan Act Coronavirus Local Fiscal Recovery Fund
Agreement between the City and the State of Florida, Division of Emergency
Management;
ARPA Exhibit 6.The U.S. Department of the Treasury's ARPA Compliance and Rep011ing
Guidance, dated June 17, 2022; and
ARP A Exhibit 7 .Assurances of Compliance with Civil Rights Requirements.
A copy of the above-referenced documents are available for inspection by the Contractor at the
Office of the City Clerk and at the following City link:
ARP A Agreements and Docs -OneDrive (shnrepoint.com).
2.1.2. Title VI Reguireme11ts. Contractor acknowledges that the City has certified
compliance with Title VI of the Civil Rights Act of 1964 to the U.S. Department of the
Treasury on the form incorporated herein as ARP A Exhibit 7. Towards that end, Contractor
shall ensure that performance of work in connection with this Agreement complies with the
certifications and requirements contained in ARP A Exhibit 7 and shall also adhere to the
following provisions:
( 1) The Contractor and its subcontractors, successors, transferees, and assignees shall
comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of
federal financial assistance from excluding from a program or activity, denying benefits
of, or otheiwise discriminating against a person on the basis of race, color, or national
origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury's
Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and
made a part of this Agreement. Title VI also includes protection to persons with
"Limited English Proficiency" in any program or activity receiving federal financial
assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the
Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference
and made a pa11 of this Agreement.
City of South Miami, Fl Page 2 of 12
(2) Pursuant to 44 C.F.R. §§ 7 and 16, and 44 C.F.R. § 206.11, and that the Contractor
shall undertake an active program of nondiscrimination in its administration of the
Work under this Agreement.
2.1.3. Americans with Disabilities Act Requirements. The Contractor agrees to comply
with the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. §§ 12101 et seq.),
which prohibits discrimination by public and private entities on the basis of disability in
employment, public accommodations, transportation, State and Local government services,
and telecommunications. Additionally, Contractor agrees to comply with Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. §§ 3601), which prohibits discrimination against
individuals on the basis of discrimination under any program or activity under this Agreement.
2.1.4. Age Discrimination Act of1975. Contractor shall comply with the requirements of
42 U.S.C. §§ 6101 et seq., as amended, and the Treasury's implementing regulations (31 CFR
Part 23), which prohibits the discrimination on the basis of age in programs or activities under
this Agreement.
2.1.5. Protections for Whistleblowers.
(1) In accordance with 41 U.S.C. § 4712, Contractor may not discharge, demote, or
otherwise discriminate against an employee in reprisal for disclosing to any of the list
of persons or entities provided below, information that the employee reasonably
believes is evidence of gross mismanagement of a federal contract or grant, a gross
waste of federal funds, an abuse of authority relating to a federal contract or grant, a
substantial and specific danger to public health or safety, or a violation of law, rule, or
regulation related to a federal contract (including the competition for or negotiation of
a contract) or grant.
(2) The list of persons and entities referenced in the paragraph above includes the
following:
i.A Member of Congress or a representative of a committee of Congress.
ii.An Inspector General
iii.The Govemment Accountability Office.
iv .A Federal employee responsible for contract or grant oversight or management at
the relevant agency.
v.An authorized official of the Department of Justice or other law enforcement
agency.
vi.A court or grand jury.
vii.A management official or other employee of the Contractor, subcontractor, the
State of Florida, or the City who has the responsibility to investigate, discover, or
address misconduct.
City of South Miami, FL Page 3 of 12
(3) The Contractor shall inform its employees in writing of the rights and remedies
provided under this section, in the predominant native language of the workforce.
2.1.6. Compliance with Immigration and Nationality Act (INA). Contractor hereby
certifies that it does not knowingly employ unauthorized alien workers in violation of the
employment provisions contained in 8 USC Section 1324a(e) [Section 274A(e) of the
Immigration and Nationality Act ("INA,,)].
2.1.7. Seat Belts Required. Pursuant to Executive Order 13043, 62 FR 19217, Contractor
shall adopt and enforce policies or programs that require employees to use seat belts while
operating or traveling on vehicles owned, rented, or personally owned by the Contractor and
its employees while perfonning the Work.
2.1.8. Texting While Driving Ban. Pursuant to Executive Order 13513, 74 FR 51225,
Contractor shall adopt and enforce policies that ban text messaging while driving and
workplace safety policies designed to decrease accidents caused by distracted drivers.
2.1.9. Publication. Contractor shall obtain approval from the City in writing prior to
issuing any publications in connection with this Agreement. If approved by the City, the
Contractor shall include the following language in any and all publications issued:
"This Project is [being funded/was supported] il1 pa11 by federal award number
(FAIN) [Insert Project FAIN] awarded to City of South Miami by the U.S.
Department of the Treasury."
2.1.10. Reporting Conflict of Interests. Contractor agrees to disclose in writing to
the City, U.S. Department of the Treasury, and the State of Florida, as appropriate, any
potential conflicts of interest affecting the use of funds awarded under the American
Rescue Plan Act in accordance with 2 CFR 200.112.
2.2. Compliance with Uniform Adminish·ative Requirements, Cost Principles, and
Audit Requirements for Fede1·al Awards (2 CFR Pal't 200). In accordance with the Final Rule
and other guidelines provided in connection with the American Rescue Plan Act, Contractor
shall be subject to the federal Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards under 2 CFR Part 200, including, but not limited to:
2.2.1. Egual Employment Oworhmity Complia11ce. During the perfom1ance of this
Agreement, the Contractor agrees as follows:
( 1) The Contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national
origin. The Contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment without regard to their
race, color, religion, sex, sexual orientation, gender identity, or national origin. Such
action shall include, but not be limited to the following:
a. Employment, upgrading, demotion, or transfer; recruitment or recniitment
advertising;
City of South Miami, FL Page 4 of 12
b. layoff or termination;
c. rates of pay or other forms of compensation; and
d. selection for training, mcludi11g apprenticeship
The Contractor agrees to post ill conspicuous places, available to employees and
applicants for employment, notices to be provided settmg forth the provisions of this
nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed by 01·
on behalf of the Contractor, state that all qualified applicants will receive consideration
• for employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
(3) The Contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or applicant
or another employee or applicant. This provision shall not apply to instances in which
an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the
compensation of such other employees or applicants to individuals who do not
otherwise have access to such infom1ation, unless such disclosure is it1 response to a
formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or
action, including an mvestigation conducted by the employer, or is consistent with the
Contractor's legal duty to fumish mformation.
(4) The Contractor will send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contract or understanding, a notice to
be provided advising the said labor union or workers' representatives of the Contractor's
commihnents under this section, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the U.S. Secretary of
Labor.
(6) The Contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of
Labor, or pursuant thereto, and will permit access to his books, records, and accounts
by the administering agency and the U.S. Secretary of Labor for purposes of
investigation to ascertain compliance with such 11.1les, regulations, and orders.
(7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of
this contract or with any of the said rules, regulations, or orders, this contract may be
canceled, terminated, or suspended in whole or in part and the Contractor may be
declared ineligible for further Government contracts or federally assisted construction
contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked
City of South Miami, FL Page 5 of 12
as provided in Executive Order 11246 of Septembel' 24, 1965, or by rule, regulation,
or order of the U.S. Secretary of Labor, or as otherwise provided by law.
(8) The Contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions ofpru·agraphs (1) through (8) in every subcontract or
purchase order unless exempted by mies, regulations, or orders of the U.S. Secretary
of Labor issued pursuant to section 204 of Executive Order 11246 of September 24,
1965, so that such provisions will be binding upon each subcontractor or vendor. The
Contractor will take such action with respect to any subcontract or purchase order as
the administering agency may direct as a means of enforcii1g such provisions, including
sanctions for noncompliance: Provided, however, that in the event a Contractor
becomes involved in, or is threatened with, litigation with a subcontractor or vendor as
a result of such direction by the administering agency, the Contractol' may request the
United States to enter into such litigation to protect the interests of the United States.
2.2.2. Contract Work Hours and Safety Standards Act Compliance. During the
performance of this Agreement, the Contractor shall comply with the provisions of the
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 through 3708), including as
follows:
(l) Overtime requirements. No Contractor or subcontractor contracting for any part of the
Agreement Work which may require or involve the employment of laborers or
mechanics shall require or permit any such laborer or mechanic in any workweek in
which he or she is employed 011 such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at a rate not less
than one and one-halftimes the basic rate of pay for all hours worked in excess of forty
hours in such workweek.
(2) Viol{ltio11,· liability for unpaid wages; liquidated damages. In the event of any violation
of the clause set forth in paragraph ( l) of this section the Contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition,
such Contractor and subcontractor shall be liable to the United States, for liquidated
damages. Such liquidated damages shall be computed with respect to each individual
laborer or mechanic, including watchmen and guards, employed in violation of the
clause set forth in paragraph ( 1) of this section, in the sum of $10 for each calendar day
on which such individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required by the clause
set fo11h in paragraph ( 1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The City shall upon its own
action or upon written request of an authorized representative of the U.S. Department
of Labor withhold or cause to be withheld, from any moneys payable 011 account of
work performed by the Contractor or subcontractor under any such contract or any
other Federal contract with the same Contractor, or any other federally-assisted contract
subject to the Contract Work Hours and Safety Standards Act, which is held by the
same Contractor, such sums as may be determined to be necessary to satisfy any
liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages
as provided in the clause set forth in paragraph (2) of this section.
City of South Miami, Fl Page 6of 12
( 4) Subco11tracts. The Contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraph ( 1) through ( 4) of this section and also a clause requiring
the subcontractors to include these clauses in any lower tier subcontracts. The
Contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.
2.2.3. Clean Air Act Co111plia11ce. During the performance of this Agreement, the
Contractor shall comply with the provisions of Clean Air Act (42 U.S.C. § 7401 et seq., as
amended) and specifically agrees as follows:
( 1) The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act, as amended, 42 U.S.C.§ 7401 et seq.
(2) The Contractor agrees to report each violation to the City and understands and agrees
that the City will, in tum, report each violation as required to assure notification to the
Environmental Protection Agency Region 4 (Southeast) Office.
(3) The Contractor agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in pa11 with Federal assistance in com1ection with this
Agreement.
2.2.4. Federal Water Pollution Control Act Compliance. During the performance of this
Agreement, the Contractor shall comply with the provisions ofFederal Water Pollution Control
Act (33 U.S.C. § 1251 et seq., as amended) and specifically agrees as follows:
(1) The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Federal Water Pollution Contrnl Act, as amended, 33 U.S.C.
1251 et seq.
(2) The Contractor agrees to report each violation to the City and understands and agrees
that the City will, in tum, report each violation as required to assure notification to the
Environmental Protection Agency Region 4 (Southeast) Office.
(3) The Contractor agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in pal1 with Federal assistance in com1ectio11 with this
Agreement.
2.2.5. Debarmel11 and Suspension Complia11ce. During the performance of this
Agreement, the Contractor warrants that Contractor or its subcontractors are not debarred,
suspended, or othe1wise ineligible for contract awards under Executive Orders 12549 and
12689. Contractor shall comply with the following provisions:
(1) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180, the U.S.
Department of the Treasury's implementing regulations at 31 CFR Part 19, and 2
C.F.R. pt. 3000. As such the Contractor is required to verify that none of the Contractor,
its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. §
180.905) are excluded (defmed at 2 C.F.R. § 180.940) or disqualified (defined at 2
C.F.R. § 180.935).
City of South Miami, Fl Page 7 of 12
(2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C and must include a requirement to comply with these regulations in any lower
tier covered transaction it enters into.
(3) This certification is a material representation offact relied upon by the City. If it is later
determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2
C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal
Government may pursue available remedies, including but not limited to suspension
and/or debarment.
( 4) The Contractor agrees to comply with the requirements of 2 C.F .R. pt. 180, subpart C
and 2 C.F.R. pt. 3000, subpart C throughout the period of this Agreement. The
Contractor further agrees to include a provision requiring such compliance in its lower
tier covered transactions.
(5) Contractor certifies that they:
i. Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by a Federal
department or agency;
ii. Have not, within a five (S)-year period preceding this proposal, been convicted of
or had a civil judgment rendered against them for fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal,
State or Local) transaction or contract under public transaction; violation of Federal
or State antitmst statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen
property.
iii. Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (Federal, State or Local); and
iv. Have not, within a five (5)-year period preceding this Agreement, had one or more
public transactions (Federal, State or Local) terminated for cause or default. If the
Contractor is unable to obtain and provide such certification, then the Contractor
shall attach an explanation to this Agreement as to why not.
2.2.6. Byrd A11ti-Lobbyi11g Ame11dme11t (31 U.S.C. § 1352. as amended). During the
performance of this Agreement, the Contractor and its subcontractors shall comply with the
provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352, as amended).
Specifically, Contractor represents and warrants as follows:
( 1) No Funds received by the Contractor under this Agreement have been paid or will be
paid, by or on behalf of the Contractor, to any person for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, an officer or
employee of Congress, or an employee of a member of Congress in connection with
the awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the extension,
City of South Miami, Fl Page 8 of 12
continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
(2) If any monies, other than Funds received by Contractor under this Agreement, have
been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan or cooperative agreement, the Contractor shall complete and
submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with
its instructions.
(3) The Contractor shall require that this certification be included in the award documents
for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all such sub-recipients shall certify
and disclose accordingly.
(4) This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this cel1ification is a
prerequisite for making or entering into this transaction imposed by the Byrd Anti-
Lobbying Amendment (31 U.S.C. 1352). Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
2.2.7. Copeland "Anti-Kickback" Act. During the performance of this Agreement, the
Contractor and its subcontractors shall comply with the provisions of the Copeland "Anti-
Kickback" Act as follows:
(1) The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the
requirements of 29 C.F .R. pal1 3 as may be applicable, which are incorporated by
reference into this Agreement.
(2) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the
clause above and such other clauses as the federal government may by appropriate
instmctions require, and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all of these contract
clauses.
(3) Breach. A breach of the contract clauses above may be grounds for termination of this
Agreement, and for debannent as a contractor and subcontractor as provided in 29
C.F.R. § 5.12.
2.2.8. Procurement o(Recovered .Materials. Contractor shall comply with the provisions
of2 C.F.R.323, including Section 6002 of the Solid Waste Disposal Act. Towards that end, in
the performance of this Agreement, the Contractor shall make maximum use of products
containing recovered materials that are EPA-designated items, unless the product cannot be
acquired: (1) competitively within a timeframe providing for compliance with the contract
performance schedule; (2) meeting contract performance requirements; or (3) at a reasonable
pnce.
City of South Miami, Fl Page 9of 12
lnfo1mation about this requirement, along with the list of EPA-designated items, is available
at EPA 's Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensiveprocurement-guideline-cpg-program.
2.2.9. Domestic Preferences for Procurements. To the greatest extent practicable,
Contractor and its subcontractors shall provide preference for the purchase, acquisition, or use
of goods, products, or materials produced in the United States, in accordance with 2 CFR
200.322, "Domestic preferences for procureme11ts."
2.2.10. 2 CFR Subpart F -Audit Requirements. Contractor shall assist the City in
complying with the audit requirements under 2 CFR Subpart F -Audit Requirements ("Federal
Audit Provisions") and the rep011ing requirements of the U.S. Department of the Treasury's
Final Rule, as amended, and other guidelines issued in connection with the American Rescue
Plan Act.
( 1) Contractor shall assist the City in complying with the Federal Audit Provisions by
providing the City, the State of Florida, the U.S. Department of the Tt-easury, the
Treasury Office of the Inspector General, the Government Accountability Office, or
other federal government entities, and any of their duly authorized representatives,
access to personnel, accounts, books, records, supporting documentation, and other
information relating to the pe1fonnance of the Agreement or the Work
("Documentation") necessary to complete federal audits. Contractor shall promptly
assist the City in the event Documentation must be supplemented to address audit
findings or other federal inquiries.
(2) Contractor shall keep all Documentation up-to-date throughout the perfo1mance of this
Agreement and the Work. Contractor shall provide the City with all Documentation for
each fiscal year by October I of each year or within five days of the completion of the
Work, whichever occurs first. Contractor shall assist the City in complying with
additional guidance and instmctions issued by the U.S. Department of the Treasury
goveming the reporting requirements for the use of American Rescue Plan Act
Coronavirus State and Local Fiscal Recovery Funds.
3. Conflict; Addendum Prevails. In the event of any conflict or ambiguity between the terms
and pmvisions of this Addendum and the tenns and provisions of the Agreement, the te1ms
and provisions of this Addendum shall control.
4. Agl"eement Ratified. Except as othe1wise specifically set forth or modified herein, all tenns
in the Agreement are hereby ratified and affirmed and shall remain unmodified and in full
force and effect in accordance with its terms.
S. Defined Te1·ms. All initial capitalized terms used in this Addc11dum but not othe1wise defined
herein shall have the same meaning ascribed thereto in the Agreement.
6. Countel'pal'ts. This Addendum may be executed ht counterparts, each of which shall be
deemed an original, but all of which, when taken together, shall constitute one and the same
City of South Miami, Fl Page lOof 12
IN WITNE SS WHEREOF, the p arties h ereto have caused thi s Addendum to be executed the day and year as fost
stated above.
Attest:
By: ---i4f't---;!-A\----------
Nkenga" 1 e,CMC,FCRM
City Clerk
ByG· ~~:.=_=-'-'~~>-L......:...._ _____ _
Wei
City tt omey
Addresses fo r Notice:
Genaro "Chip" Iglesias
City of South Miami
A tt n: City Manager
6130 Sunset Dri ve
South Miami, FL 33 143
305-668-2510 (telephone)
305-663-6345 (facsimile)
ch ip@southmiam ifl.gov ( email)
Wit h n copy to:
Weiss Scrota Reifman Cole & Bierman, P.L.
Attn: L illi an Arnngo, Esq.
City of Sout h Miami Attorney
2800 Ponce de Leon Boulevard, Suite 1200
Cora l Gables, FL 33 134
larn ngo@wsh-law.com (emai l)
City of Sout h M iami, FL
CONTRACTOR
By: ?-~ J&} G\-=-,0
Name: Bill Geary
Title: Vice President
Entity: Rep Services, Inc.
Add r esses for Notice:
Bill Geary
Rep Services, Inc.
165 W. Jessup Ave.
Longwood, FL 32750
_4_07_-_8_31_-_96_5_8 _______ (telephone)
~-----------(facsimi le)
_b_ill-"-@"'"r_e_,_p_se_rv_lc_e_s_.c_o ___ m-'--____ { email)
With n copy to:
____________ (telephone)
____________ (facsuuile)
____________ (ema il)
Page 12 of 12
..,
instrument. An executed facsimile or electronic copy of this Addendum shall have tbe same
force and effect as an original hereof.
[Remainder of page intentionally left blank. Signature pages follow.]
City of South Miami, FL Page 11of12
Exhibit A
Rep Services, Inc. Proposal
7
Attn:
Proposed
To:
City of South Miami
Attn:Quentin Pough
Page 1 of 2
Ship
To:
TBD at a later date Bill
To:
City of South Miami
Attn:Quentin Pough
165 W. Jessup Ave.
Longwood, FL 32750-4146
Rep Services, Inc.
Please mail POs, contracts and checks to:
Proposal No:20083.01
Proposal Date:8/8/2023
Opt/Rev:A/0
Proposal Name:Murray Park Playground equipment Project Location:5800 SW 66th St
South Miami, FL 33143-3615
Project County: Miami-Dade
Project Contact:Quentin Pough
Consultant:Kevin Harding 407-853-3575
Proposal Expires:9/29/2023
For Questions Contact:Wendy Bowerman 407-853-3579
8/14/23 - WB
Project Name:City of South Miami- Murray ParkProject No:20083
kevin@repservices.com
wendy@repservices.com
6130 Sunset Drive
South Miami, FL 33143-6319
6130 Sunset Drive
South Miami, FL 33143-6319
CGC1508223 FEIN 59-2978507
QtyPart No Description Unit Price Net Price Ext PriceClass
Landscape Structures 590246Proj Drawings:20083-1-1 2024.1Vendor:
Seat Strap for Molded Bucket Seats 392.00Swings98.0098.00IP111416A-001 4 EA
Xylofun Panel Ground Level 3,335.00Enclosures3,335.003,335.00PB173565B-001 1 EA
We-saw DB Only 13,575.00Kids In Motion 13,575.0013,575.00IP186490A-001 1 EA
Chill Spinner DB 2,620.002,620.002,620.00IP247189A-001 1 EA
$25,229.50
$19,922.00
Signed & Sealed Engineering:$2,000.00
Landscape Structures Total:
Product Subtotal:
Freight: Prepaid Ship Method: Best Way FOB: Destination Weight: 943 lbs Freight Charge:$3,307.50
Net 30
Basis of Proposal:
Our proposal is based upon our discussion of needing LSI play equipment.
Please note the vendor information itemized below.
If a performance and payment bond is required, add 3% to the proposal total.
If a owner controlled insurance program (OCIP) is required, add 2% to the proposal total.
Also, please be aware that we generate separate invoices for product at the time of delivery. If your project should include products from multiple
manufacturers, each will be invoiced and taxed separately. If you require consolidated invoices, please alert your sales team .
Estimated project completion schedule
(This schedule starts when all required information for engineering has been gathered.)
4 Weeks: Engineering
4 Weeks: Permitting/Submittal Approval
20 Weeks Longest manufacturing lead time. (Typical for scheduling.)
1 Week Shipping
29 Weeks TOTAL
Note that RSI is committed to do all it can to meet the needs of your project.
This proposal is for material, freight, and applicable tax only. Any building permits, engineering, unloading, assembly, inst allation, site preparation and
surfacing are by others. Drivers will not unload the shipment. Purchaser must make arrangements for unloading of playground o r exercise equipment, shade,
and shelter product lines. In most circumstances this will require a forklift. For certain site furnishing orders, a lift gat e and pallet jack may be available for an
additional fee. Please alert your sales team of this need.
Landscape Structures:
Color selection to be made at time of color submittal approval
Time Limitations Holding Prices Firm:
Orders are shipped within our manufacturer's standard lead times. Requests for delayed shipping may result in additional cost s due to increases in freight,
material costs or other factors. To secure the prices on this proposal, the offer must be accepted prior to the expiration da te noted.
$21,922.00
Freight:$3,307.50
Product:
Proposal Total:$25,229.50
General Terms of Sale and Proposal Summary
Notes
8
Proposal Date:8/8/2023 Page 2 of 2 Proposal No:20083.01 Project Name:City of South Miami- Murray Park
If, during the performance of this contract, the price of a product increases 3% or more as documented by factory quotes, inv oices or receipts to contractor
(Rep Services, Inc.) from the date of the contract signing the price of shall be equitably adjusted by an amount reasonably n ecessary to cover such price
increases. Where the delivery of a product is delayed, through no fault of contractor (RSI) as a result of the shortage or unavailability of a product, contractor
(RSI) shall not be liable for any additional costs or damages associated with such delay(s).
DateAuthorized ByCompany Name
City of South Miami
As Its:
Printed Name
Accepted By:
(Title)
The undersigned warrants that he/she is an authorized representative of the City of South Miami noted and has the requisite authority to bind the City of South
Miami and/or principal.
9
EXISTING EQUIPMENT
EXISTING EQUIPMENT
EXISTING EQUIPMENT
EXISTING SURFACING
VERIFY EXISTING SWINGS
SIZE AND LOCATION
EXPANSION OF SURFACING
MAY BE REQUIRED FOR
ASTM COMPLIANCE
Δ WARNING
INSTALLATION OVER A HARD SURFACE SUCH
AS CONCRETE, ASPHALT, OR PACKED EARTH
MAY RESULT IN SERIOUS INJURY OR DEATH
FROM FALLS.
Δ WARNING
SURFACING AND PLAYSURFACES MAY
BECOME HOT AND CAUSE BURNS. CHECK
FOR HOT SURFACES PRIOR TO PLAYING ON
THE PLAYGROUND.
GENERAL NOTES:
1. EQUIPMENT LOCATION TO BE FIELD
VERIFIED PRIOR TO CONSTRUCTION
2. ACCESSIBLE ROUTE OF TRAVEL TO THE
PLAYGROUND TO BE PROVIDED BY OTHERS,
UNLESS OTHERWISE NOTED
3. BASE MUST EXHIBIT POSITIVE DRAINAGE
IN ALL AREAS
5-12
years old
0 REP SERVICES, INC.
Experts at Play & Outdoor Spaces
Murray Park Addition
SOUTH MIAMI, FL
20083-1-1 2024.1
SCALE: 1/8" = 1'
4.0 8 16
COASTAL NOTE
DUE TO THE PROJECT PROXIMITY TO THE
WATER, LANDSCAPE STRUCTURES'
COASTAL WARRANTY WILL BE APPLIED.
CHECK WARRANTY DOCUMENT FOR MORE
DETAILS.FBC 240.2.1.2TOTAL PLAY ACTIVITIES 2-5:
TOTAL PLAY ACTIVITIES 5-12:
ACCESSIBLE
ELEVATED
ACTIVITIES
ACCESSIBLE
GROUND-LEVEL
ACTIVITIES
ACCESSIBLE
GROUND-LEVEL
PLAY TYPESADA SCHEDULEREQ
PROV
TOTAL AREA:
REQ
PROV2-55-12FALL HEIGHT:
USER CAPACITY:
BORDER:
SURFACING:
DRAWN
BY:
SUBGRADE ELEV.:
PG-1
PLAY EQUIPMENT PLAN
KFA
N/A
8'
N/A
15
N/A
N/A
3
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
0
3
3
3
8/3/2023 8:36:44 AM
10
601 7th Street South
Delano, MN 55328
1-888-4FUNLSI (P)
763-972-3815 (F)
To whom this may concern:
Rep Services, Inc. is the exclusive representative for Park and Playground Equipment in the state of
Florida, this also encompasses the Aquatix water play line and our Skyways commercial shade
division.
Our local distributor Rep Services, Inc. is certified to install our playground equipment for the State of
Florida.
Any installer working with Landscape Structures Equipment is required to attend an onsite Certified
Installer Meeting/Training with the LSI Installation Services Division. A certified installer must be able
to furnish a certificate proving their participation.
Our AFNAF contract award number is F41999-18-D-0011
Should you have any questions you can me at the phone and address above. Or you may also contact
Kristin Borne at Landscape Structures, Inc. Her phone number is 763-972-5245 and her email is
kristinborne@playlsi.com
Thank you for your business and we look forward to working with you to provide an amazing
recreational space for your community.
Sincerely,
LANDSCAPE STRUCTURES INC.
Michael Fingeroth
Regional Sales Manager-East
11