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Res No 018-25-16310RESOLUTION NO.018-25-16310 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,APPROVING THE OPERATION AND MANAGEMENT SERVICES FOR YOUTH AND ADULT SWIM LESSON AND AQUATIC FITNESS PROGRAMS FROM ISWIM ACADEMY L.L.C FOR A FIVE-YEAR TERM;AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO ENTER INTO AN AGREEMENT FOR YOUTH AND ADULT SWIM LESSON AND AQUATIC FITNESS PROGRAM MANAGEMENT SERVICES AT MURRAY PARK AQUATIC CENTER;PROVIDING FOR IMPLEMENTATION,CORRECTIONS,AND EFFECTIVE DATE. WHEREAS,the City of South Miami (the “City”)issued a Request for Proposals No. PR2024-18 (“RFP”)for youth and adult swim lesson and aquatic fitness program management services at Murray Park Aquatic Center (the “Services”);and WHEREAS,two sealed proposals were received by the RFP deadline;and WHEREAS,an Evaluation Committee appointed by the City Manager evaluated and scored proposals,and ranked iSwim Academy,LLC (‘Contactor”)as the top-ranked proper based on the criteria set forth in the RFP;and WHEREAS,the City Manager recommends that the City Commission select the Contractor to perform the Services;and WHEREAS,the City Commission desires to select the Contractor,award an agreement to the Contractor for an initial term of three (3)years,and the option for two (2)additional one-year extension periods,and authorize the City Manager to negotiate and enter into an agreement with the Contractor,in substantially the form attached hereto as Exhi bit “A”(the “Agreement”);and WHEREAS,the City Commission finds that this Resolution is in the best interest and welfare of the residents 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,That each of the above-stated recitals are hereby adopted, confirmed,and incorporated herein. Section 2,Selection and Award,The City Commission hereby selects the Contractor and awards the Contractor the Agreement for the provision of the Services. Res.No.018-25-16310 Section 3.Authorization.The City Commission hereby authorizes the City Manager to negotiate and execute the Agreement with the Contractor,in substantially the form attached hereto,subject to the final approval of the City Attorney as to form,content,and legal sufficiency. Section 4,Implementation.The City Manager is hereby authorized to take any and all action necessary to implement the Agreement and the purposes of this Resolution. Section 5.Col l ections.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 6.Effective Date.That this Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED this 18th day of March,2025. PASSED AND ADOPTED this 18th day of March,2025. ATTEST: READ AND APPROVED AS TO FORM, LANGUAGE,LEGALITY AND EXECUTION THEREOF WEISS SEROTA HELFMAN COLE &BIERMAN,P.L. CITY ATTORNEY APPROVED: Mayor Fernandez:Yea Vice Mayor Corey:Yea Commissioner Bonich:Yea Commissioner Calle:Yea Commissioner Rodriguez:Yea Page 2 of 2 Agenda Item No:5. City Commission Agenda Item Report Meeting Date: March 18, 2025 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 OPERATION AND MANAGEMENT SERVICES FOR YOUTH AND ADULT SWIM LESSON AND AQUATIC FITNESS PROGRAMS FROM ISWIM ACADEMY L.L.C FOR A FIVE-YEAR TERM; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO ENTER INTO AN AGREEMENT FOR YOUTH AND ADULT SWIM LESSON AND AQUATIC FITNESS PROGRAM MANAGEMENT SERVICES AT MURRAY PARK AQUATIC CENTER; PROVIDING FOR IMPLEMENTATION, CORRECTIONS, AND EFFECTIVE DATE. 3/5 (CITY MANAGER-PARKS, RECREATION & CULTURE DEPT.) Suggested Action: Attachments: Memo-Aquatic_Management_RFP.docx Reso Approving iSwim for Lessons and Acquatic Fitness Programs - CAv2.DOCX 4AP6339-PSA with iSwim - Swim Lessons and Acquatic Fitness Programs - RFP version v1.DOCX FINAL RFP Youth and Adult Aquatic Management 12.23.34.pdf iSwim Academy Bidding Document.PDF Bid Tabulation RFP PR2024-18 1.28.25..pdf FINAL Score and Rank Aquatic Swim Lessons 2.25.25.pdf Ad.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:March 18, 20225 SUBJECT:A Resolution approving the operation and management services for youth and adult swim lesson and aquatic fitness programs from iSwim Academy L.L.C. for a five-year term. RECOMMENDATION: Approve the award and authorize the City Manager to enter into a multi- year agreement with iSwim Academy L.L.C. for youth and adult swim lessons, as well as aquatic program management services, at Murray Park Aquatic Center. BACKGROUND:A Request for Proposal for Youth and Adult Swim Lesson and Aquatic Fitness Program Management Services was advertised on December 23, 2024, and closed on January 28, 2025. The City received two proposals, both reviewed by the Procurement Division and deemed responsive. The awarded contractor is charged with providing youth and adult swim lessons and aquatic programs at the Murray Park Aquatic Center. Services must prioritize safety, quality, and customer satisfaction, with well- maintained equipment and experienced staff. The awarded contractor is responsible for delivering diverse youth swim lesson programs and youth/adult aquatic fitness classes while overseeing the operation, implementation, management, and promotion of aquatic programming. The Evaluation Selection Committee, consisting of John Tyson (Chairperson & Assistant Parks & Recreation Director), Samantha Mesa (Community Affairs Manager), and Alexander Graupera (Finance Senior Accountant), met on February 25, 2025, to review and score the proposals, as shown below. 2 $South ’Miami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The incumbent, iSwim Academy L.L.C. (“iSwim Academy”), paid the City $41,000 over the past five years. As the unanimously highest-ranked respondent, iSwim Academy has proposed a $60,000 payment for the 2025-2029 term, a 46% increase in revenue contribution. Proposer Bid Amount (5-Year) iSwim Academy (Incumbent)$60,000 Little Swimmers $42,000 As this is a revenue-generating contract, these amounts reflect payments to the City. Proposed Program Comparison The rates listed below will apply for Year 1. Any proposed rate adjustments must be submitted in writing to the City Manager or designee for review and approval. Lesson Type iSwim Academy Little Swimmers Group Lessons $100 (Residents) $120 (Non-Residents) $120 (Residents) $150 (Non-Residents) Private Lessons $400 (Residents) $480 (Non-Residents) $136 (Residents) $170 (Non-Residents) Saturday Group Swim (Per Class) $12.50 (Residents) $15 (Non-Residents) $24 (Residents) $30 (Non-Residents) Saturday Private Swim (Per Class) $60 (Residents) $75 (Non-Residents) $34 (Residents) $42 (Non-Residents) Water Aerobics Free for seniors (65+) $35/month for others $64 (Residents) $80 (Non-Residents) 3 South ’Miami THE CITY OF PLEASANT LIVING I7inal Respondent Scores &Rank Proposer J.Tyson S.Mesa A.Graupera Total Score Rank iSwim Academy 93 100 100 293 1 Little Swimmers 89 95 89 273 2 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM Proposed Scholarship Commitments Proposer Annual Scholarships for City Residents iSwim Academy 20 full scholarships (group swim only) Little Swimmers 26 full scholarships (varies) Agreement Term The contract includes an initial three-year term, effective April 2025, with the option of two additional one-year extensions at the City Manager’s discretion. Recommendation iSwimAcademy has a proven track record in South Miami, providing a well- established program tailored to the City's needs. Their experience, pricing, and free clinics enhance accessibility and community engagement. ATTACHMENTS: Resolution Final RFP Youth & Adult Aquatic Management Services iSwim Academy Bidding Proposal Bid Tabulation Final Score & Rank 4 SouthTMiami THE CITY OF PLEASANT LIVING PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI AND iSWIM ACADEMY,LLC A s \THIS AGREEMENT (this “Agreement”)is made effective as of the I day of 2025 (the “Effective Date”),by and between the CITY OF SOUTH MIAMI,a Florida municipal corporation,(hereinafter the “City”),and iSWIM ACADEMY,LLC,a Florida Limited Liability Company (hereinafter,the “Contractor”). WHEREAS,the City of South Miami (“City”)requires youth and adult swim lessons and aquatic program management services art Murray Park Aquatic Center ((the “Services”);and WHEREAS,on December 23,2024,the City issued Request for Proposals No.FN2024-17 (the “RFP”)for the Services,which RFP is attached hereto as Exhibit “A”;and WHEREAS,the Contractor submitted a Proposal in response to the RFP,which Proposal is attached hereto as Exhibit “B”;and WHEREAS,on March 18,2025,the City Commission adopted Resolution No., approving the award of this Agreement to the Contractor for the provision of the Services pursuant to the RFP;and WHEREAS,the Contractor will perform the Services on behalf of the City all as further set forth in the Scope of Services as set forth in the RFP and the Contractor’s Proposal,attached hereto as Exhibit “B”;and WHEREAS,the Contractor and City,through mutual negotiation,have agreed upon a fee for the Services;and WHEREAS,the City desires to engage the Contractor to perform the Services and provide the deliverables as specified below. NOW,THEREFORE,in consideration of the mutual covenants and conditions contained herein, the Contractor and the City agree as follows: 1.Stope of Services. 1.1.Contractor shall provide the Sei-vices set forth in the RFP attached hereto as Exhibit “A” and the Proposal attached hereto as Exhibit “B”and incorporated herein by reference (the “Services”).For statistical puiposes,the Contractor shall be responsible for collecting and providing program reporting data in a format approved by the Department Director,shall include,but is not limited to,data such as whether the applicant is a resident of South Miami, demographic information such as age and sex;the number of users attending classes and programs;daily attendance records;the number of scholarship awards granted;and program financial information,including gross revenues for the program activities.Additionally,the Contractor shall furnish any other program-related information as requested by the City Manager and/or designee.Contractor shall cooperate with the City to accommodate alternative community programming of the pool throughout the year. 12.Contractor shall furnish all reports,documents,and information obtained pursuant to thisAgreement,and recommendations during the term of this Agreement (hereinafter “Deliverables”).to the City. 2.Term/Commencement Date. 2.1.The term of this Agreement shall be from the Effective Date through three (3)years.;thereafter, unless earlier terminated in accordance with Paragraph 8.Additionally,the City Manager mayrenewthisAgreementfortwo(2)additional one-year periods on the same terms as set forth hereinuponwrittennoticetotheContractorforatotaltermoffive(5)consecutive years.•' 22.Contractor agrees that time is of the essence and Contractor shall complete the Services within the term of this Agreement,unless extended by the City Manager. 3.Compensation and Payment 3.1.Annual Facility Contribution Fee:Program Registration Fees,Compensation for Services provided by Contractor shall be in accordance with the Proposal attached hereto as Exhibit “B”and Contractor shall be compensated for the provision of the Services solely from registration fees,as set forth in the Price Proposal Form made a part of Contractor’s Proposal attached hereto as Exhibit “B.”Contractor shall pay the City an Annual Facility Contribution for the five-year term (Years 1 to 3,and Option Years 4 and 5,if extended)as set forth in the Price Proposal Form made a part of the Proposal attached hereto as Exhibit “B.” 32.The Contractor shall provide the scholarships for eligible Program participants as set forth in the Price Proposal Form attached hereto as Exhibit “B”for the Tam,and any renewal term. 3.3.Contractor shall deliver an invoice to City no more often than once per month detailing Savices completed and the amount due to Contractor under this Agreement.Fees shall be paid in arrears each month,pursuant to Contractor’s invoice,which shall be based upon the percentage of work completed for each task invoiced.The City shall pay the Contractor in accordance with the Florida Prompt Payment Act after approval and acceptance of the Services by the City Manager. 4. 4.1.The Contractor shall be responsible for all payments to any Subcontractors and shall maintain responsibility for all work related to the Services. 42.Contractor may only utilize the services of a particular Subcontractor with the prior written approval of the City Manager,which approval may be granted or withheld in the City Manager’s sole and absolute discretion. 5.Citv’s Responsibilities. 5.1.City shall make available any maps,plans,existing studies,reports,staff and representatives,and other data pertinent to the Services and in possession of the City,and provide criteria requested by Contractor to assist Contractor in performing the Services. 52.Upon Contractor’s request,City shall reasonably cooperate in arranging access to public information that may be required for Contractor to perform the Services. 6.Contractor’s Responsibilities:Representations and Warranties. 6.1.The Contractor shall exercise the same degree of care,skill and diligence in the pafdrmance of the Services as is ordinarily provided by a Contractor under similar circumstances.If at any time during the term of this Agreement or within two (2)years fi'om the completion of this Agreement, it is determined that the Contractor’s Deliverables or Services are incorrect,not properly rendered, defective,or fail to conform to City requests,the Contractor shall at Contractor’s sole expense, immediately correct its Deliverables or Services. 62.The Contractor hereby warrants and represents that at all times during the term of this Agreement it shall maintain in good standing all required licenses,certifications and permits required under Federal, State and local laws applicable to and necessaiy to perform the Services for City as an independent contractor of the City.Contractor further warrants and represents that it has the required knowledge,expertise,and experience to perform the Services and carry out its obligations under this Agreement in a professional and first class manner. 62.The Contractor represents that is an entity validly existing and in good standing under the laws of Florida.The execution,delivery and performance of this Agreement by Contractor have been duly authorized,and this Agreement is binding on Contractor and enforceable against Contractor in accordance with its terms.No consent of any other person or entity to such execution,delivery and performance is required. 7.Conflict of Interest. 7.1.To avoid any conflict of interest or any appearance thereof,Contractor shall not,for the term of this Agreement,provide any consulting services to any private sector entities (developers, corporations,real estate investors,etc.),with any cun-ent,or foreseeable,adversarial issues in the City. 8.Termination. 8.L The City Manager,without cause,may terminate this Agreement upon five (5)calendar days written notice to the Contractor,or immediately with cause. 82.Upon receipt of die City's written notice of termination,Contractor shall immediately stop work on the project unless directed otherwise by the City Manager.- 83.In the event of termination by the City,the Contractor shall be paid for all work accepted by the City Manager up to the date of termination,provided that the Contractor has first complied with the provisions of Paragraph 8.4. 8.4.The Contractor shall transfer all books,records,reports,working drafts,documents,maps,and data pertaining to the Services and the project to the City,in a hard copy and electronic format within fourteen (14)days from the date of the written notice of termination or the date.of expiration of this Agreement. 9.Insurance. 9.1.Contractor shall secure and maintain thr oughout the duration of this agreement insurance of such types and in such amounts not less than those specified below as satisfactory to City,naming the City as an Additional Insured,underwritten by a firm rated A-X or better by A.M.Best and qualified to do business in the State of Florida.The insurance coverage shall be primary insurance with respect to the City,its officials,employees,agents,and volunteers naming the City as additional insured.Any insurance maintained by the City shall be in excess of the Contractor’s insurance and shall not contribute to the Contractor’s insurance.The insurance coverages shall include at a minimum the amounts set forth in this section and may be increased by the City as it deems necessary or prudent. 9.1.1,Commercial General Liability coverage with limits of liability of not less than a $1,000,000 per Occurrence combined single limit for Bodily Injury and Property Damage.This Liability Insurance shall also include Completed Operations and Product Liability coverages and eliminate the exclusion with respect to property under the care,custody and control of Contractor.The General Aggregate Liability limit and the Products/Completed Operations Liability Aggregate limit shall be in the amount of $2,000,000 each. 9.1.2.Workers Compensation and Employer’s Liability insurance,to apply for all employees for statutory limits as required by applicable State and Federal laws.The policy(ies)must include Employer’s Liability with minimum limits of $1,000,000.00 each accident.No employee, subcontractor or agent of the Contractor shall be allowed to provide Services pursuant to this Agreement who is not covered by Worker's Compensation insurance. 9.1.3.Business Automobile Liability with minimum limits of $1,000,000 per occurrence,combined single limit for Bodily Injury and Property Damage.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 the Insurance Service Office,and must include Owned, Hired,and Non-Owned Vehicles. 9.1.4.Abuse and Molestation Insurance with minimum limits of $1,000,000 per occurrence and a $2,000,000 aggregate liability limit. 92.Certificate of Insurance.Certificates of Insurance shall be provided to the City,reflecting the City as an Additional Insured (except with respect to Professional Liability Insurance and Worker’s Compensation Insurance),no later than ten (10)days after award of this Agreement and prior to the execution of this Agreement by City and prior to commencing Services.Each certificate shall include no less than (30)thirty-day advance written notice to City prior to cancellation,termination,or material alteration of said policies or insurance.The Contractor shall be responsible for assuring that tire insurance certificates required by this Section remain in full force and effect for the duration of this Agreement,including any extensions or renewals that may be granted by the City.The Certificates of Insurance shall not only name the types of policy(ies) provided,but also shall refer specifically to this Agreement and shall state that such insurance is as required by this Agreement.The City'reserves the right to inspect and return a certified copy of such policies,upon written request by the City.If a policy is due to expire prior to the completion of the Services,renewal Certificates of Insurance shall be furnished thirty (30) calendar days prior to the date of their policy expiration.Each policy certificate shall be endorsed with a provision that not less than thirty (30)calendar days’written notice shall be provided to the City before any policy or coverage is cancelled or restricted.Acceptance of the Certificate(s)is subject to approval of the City. 93.Additional Insured.Except with respect to Professional Liability Insurance and Worker’s Compensation Insurance,the City is to be specifically included as an Additional Insured for the liability of the City resulting from Services performed by or on behalf of the Contractor in performance of this Agreement.The Contractor’s insurance,including that applicable to the City as an Additional Insured,shall apply on a primary basis and any other insurance maintained by the City shall be in excess of and shall not contribute to the Contractor’s insurance.The Contr actor’s insurance shall contain a severability of interest provision providing that,except with respect to the total limits of liability,the insurance shall apply to each Insured or Additional Insured (for applicable policies)in the same manner as if separate policies had been issued to each. fib 9.4.Deductibles.All deductibles or self-insured retentions must be declared to and be reasonably approved by the City.The Contractor shall be responsible for the payment of any deductible or self-insured retentions in the event of any claim. 95.The provisions of this section shall survive termination of this Agreement. 10.Nondiscrimination.During the term of this Agreement,Contractor shall not discriminate against any of its employees or applicants for employment because of their race,color,religion,sex,or national origin,and to abide by all Federal and State laws regarding nondiscrimination. 11.Attorneys Fees and Waiver of Jury Trial. 11.1.In the event of any litigation arising out of this Agreement,the prevailing party shall be entitled to recover its attorneys’fees and costs,including the fees and expenses of any paralegals,law clerks and legal assistants,and including fees and expenses charged for representation at both the trial and all appellate levels. 11.2.IN THE EVENT OF ANY LITIGATION ARISING OUT OF THIS AGREEMENT,EACH PARTY HEREBY KNOWINGLY,IRREVOCABLY,VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY JURY. 12.Indemnification. 12.1.Contractor shall indemnify and hold harmless the City,its officers,agents and employees,from and against any and all demands,claims,losses,suits,liabilities,causes of action,judgment or damages,arising from Contractor’s performance or non-performance of any provision of this Agreement,including,but not limited to,liabilities arising from contracts between the Contractor and third parties made pursuant to this Agreement.Contractor shall reimburse the City for all its expenses including reasonable attorneys’fees and costs incurred in and about the defense of any such claim or investigation and for any judgment or damages arising from Contractor’s performance or non-performance of this Agreement. 12.2.Nothing herein is intended to serve as a waiver of sovereign immunity by the City nor shall anything included herein be construed as consent to be sued by third parties in any matter arising out of this Agreement or any other contract.The City is subject to section 768.28,Florida Statutes, as may be amended from time to time. 123.The provisions of this section shall survive termination of this Agr eement. 13.Notices/Authorized Representatives.Any notices required by this Agreement shall be in writing and shall be deemed to have been properly given if transmitted by hand-delivery,by registered or certified mail with postage prepaid return receipt requested,or by a private postal service,addressed to the parties (or their successors)at the addresses listed on the signature page of this Agr eement or such other addr ess as the party may have designated by proper notice. 14.Governing Law and Venue.This Agreement shall be construed in accordance with and governed by the laws of the State of Florida.Venue for any proceedings arising out of this Agreement shall be proper exclusively in Miami-Dade County,Florida. 15.Entire Agreement/Modification/Amendment. 161.This writing contains the entire Agreement of the parties and supersedes any prior oral or written representations.No representations were made or relied upon by either party,other than those that are expressly set forth herein. 152.No agent,employee,or other representative of either party is empowered to modify or amend the terms of this Agreement,unless executed with the same formality as this document. 16.Ownership and Access to Records and Audits. 161.Contractor acknowledges that all inventions,innovations,improvements,developments, methods,designs,analyses,drawings,reports,compiled information,and all similar or related information (whether patentable or not)which relate to Services to the City which are conceived, developed or made by Contractor during the term of this Agreement (“Services Product”)belong to the City.Contractor shall promptly disclose such Services Product to the City and perform all actions reasonably requested by the City (whether during or after the term of this Agreement)to establish and confirm such ownership (including,without limitation,assignments,powers of attorney and other instruments). 162.Contractor agrees to keep and maintain public records in Contractor’s possession of control in connection with Contractor’s performance under this Agreement.The City Manager or her designee shall,during the term of this Agr eement and for a period of three (3)years from the date of termination of this Agreement,have access to and the right to examine and audit any records of the .Contractor involving transactions related to this Agreement.Contractor additionally agrees to comply specifically with the provisions of Section 119.0701,Florida Statutes.Contractor shall 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 Agreement,and following completion of the Agreement until the records are transferred to the City. 163.Upon request from the City’s custodian of public records,Contractor shall provide the City 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 by Chapter 119,Florida Statutes,or as otherwise provided by law. 164.Unless otherwise provided by law,any and all records,including but not limited to reports, surveys,and other data and documents provided or created in connection with this Agreement are and shall remain the property of the City. 165.Upon completion of this Agreement or in the event of termination by either party,atty and all public records relating to the Agreement in the possession of the Contractor shall be delivered by the Contractor to the City Manager,at no cost to the City,within seven (7)days.All such records stored electronically by Contractor shall be delivered to the City in a format that is compatible with the City’s information technology systems.Once the public records have been delivered upon completion or termination of this Agreement,the Contractor shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. 166.Any compensation due to Contractor shall be withheld until all records are received as provided herein. 16.7.Contractor’s failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement by the City. 16.8.Ciciks Emsuani to Section 119.070K2kak Florida Statutes.IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES,TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,CONTACT THE CUSTODIAN OF PUBLIC RECORDS. Custodian of Records:Nkenga “Nikki”Payne,CMC,FCRM Mailing address:6130 Sunset Drive South Miami,FL 33143 Telephone number:305-663-6340 Email:NPavne@southmiamifl.gov 17.Nonassignability.This Agreement shall not be assignable by Contractor unless such assignment is first approved by the City Manager.The City is relying upon the apparent qualifications and expertise of the Contractor,and such firm’s familiarity with the City’s area,circumstances and desires. 18.Severability.If any term or provision of this Agreement shall to any extent be held invalid or unenforceable,the remainder of this Agreement shall not be affected thereby,and each remaining term and provision of this Agreement shall be valid and be enforceable to the fullest extent permitted by law. 19.Independent Contractor.The Contractor and its employees,volunteers and agents shall be and remain an independent contractor and not an agent or employee of the City with respect to all of the acts and services performed by and under the terms of this Agreement.This Agreement shall not in any way be construed to create a partnership,association or any other kind of joint undertaking,enterprise or venture between the parties. 20.Compliance with Laws.The Contractor shall comply with all applicable laws,ordinances,rules, regulations,and lawful orders of public authorities in canying out Services under this Agreement,and in particular shall obtain all required permits from all jurisdictional agencies to perform the Services under this Agreement at its own expense. 21.Waiver.The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of this Agreement shall not be construed as a waiver of the violation or breach,or of any future violation,breach or wrongful conduct. 22.Survival of Provisions.Any terms or conditions of either this Agreement that require acts beyond the date of the term of the Agreement,shall survive termination of the Agreement,shall remain in full force and effect unless and until the terms or conditions are completed and shall be fully enforceable by either paily. 23.Prohibition of Contingency Fees.The Contractor warrants that it has not employed or retained any company or person,other than a bona fide employee working solely for the Contractor,to solicit or secure this Agreement,and that it has not paid or agreed to pay any person(s),company,corporation, individual or firm,other than a bona fide employee working solely for the Contractor,any fee, commission,percentage,gift,or any other consideration,contingent upon or resulting from the award or making of this Agreement. 24.State Required Affidavits.By entering into this Agreement,the Contractor agrees to review and comply with the following state affidavit requirements: 24,1.Public Entity Crimes Affidavit,Contractor shall comply with Section 287.133,Florida Statutes (Public Entity Crimes Statute),notification of which is hereby incorporated herein by reference,including execution of any required affidavit. 24.2.Scrutinized Companies.Contractor certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel.Pursuant to section 287.135, Florida Statues,the City may immediately terminate this Agreement at its sole option if the Contractor is found to have submitted a false certification;or if the Contractor is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement.If this Agreement is for more than one million dollars, the Contractor certifies that it is also not on the Scrutinized Companies with Activities in Sudan,Scrutinized Companies with Activities in the Iran Terrorism Sectors List, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or engaged with business operations in Cuba or Syria as identified in Section 287.135, Florida Statutes.Pursuant to Section 287.135,Florida Statutes,the City may immediately terminate this Agreement at its sole option if the Contractor is found to have submitted a false certification;or if the Contractor is placed on the Scrutinized Companies with Activities in Sudan List,Scrutinized Companies with Activities in the Iran Terrorism Sectors List,Scrutinized Companies with Activities in Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. 24.3.E-Vcrify Affidavit.In accordance with Section 448.095,Florida Statutes,the City requires all contractors doing business with the City to register with and use the E-Verify system to verify the work authorization status of all newly hired employees.The City will not enter into a contract unless each party to the contract registers with and uses the E- Verify system.The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on how to provide proof of the contracting entity’s participation/enrollment in E-Verify,please visit:https://www.e-verify.gov/faq/how-do- i-provide-proof-of-my-participationenrollment-in-e-verifv.By entering into this Agreement,the Contractor acknowledges that it has read Section 448.095,Florida Statutes;will comply with the E-Verify requirements imposed by Section 448.095,Florida Statutes,including but not limited to obtaining E-Verify affidavits from subcontractors; and has executed the required affidavit attached hereto and incorporated herein. 24.4.Noncoercive Conduct Affidavit.Pursuant to Section 787.06,Florida Statutes,a nongovernmental entity executing,renewing,or extending a contract with a governmental entity is required to provide an affidavit,signed by an officer or a representative of the nongovernmental entity under penalty of perjury,attesting that the nongovernmental entity does not use coercion for labor or services as defined in Section 787.06(2)(a), Florida Statutes.By entering into this Agreement,the Contractor acknowledges that it has read Section 787,06,Florida Statutes,and will comply with the requirements therein,and has executed the required affidavit attached hereto and incorporated herein. 24.5.Prohibition on Contracting with Entities of Foreign Concern.Pursuant to Section 287.138,Florida Statutes (which is expressly incorporated herein by reference),a governmental entity may not knowingly enter into a contract with an entity which would give access to an individual’s personal identifying information if (a)the entity is owned by the government of a foreign country of concern;(b)the government of a foreign country of concern has a controlling interest in the entity;or (c)the entity is organized under the laws of or has its principal place of business in a foreign country of concern.By entering into this Agreement,the Contractor acknowledges that it has read Section 287.138,Florida Statutes,and complies with the requirements therein,and has executed the required affidavit attached hereto and incorporated herein. 25.Counterparts.This Agreement may be executed in several counterparts,each of which shall be deemed an original and such counterparts shall constitute one and the same instrument. 26.Conflicts.Jn the event of a conflict between the terms of this Agreement and any exhibits or attachments hereto,the terms of this Agreement shall control. [Remainder of page intentionally left blank. Signature page and E-Verify Affidavit follows.] AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES Effective July 1,2024,Section 787.06,Florida Statutes,a nongovernmental entity executing,renewing, or extending a contract with a governmental entity is required to provide an affidavit,signed by an officer or a representative of the nongovernmental entity under penalty of perjury,attesting that the nongovernmental entity does not use coercion for labor or services as defined in Section 787.06(2)(a), Florida Statutes. By signing below,I hereby affirm under penalty of perjury that: 1.I have read Section 787.06,Florida Statutes,and understand that this affidavit is provided in compliance with the requirement that,upon execution,renewal,or extension of a contract between a nongovernmental entity and a governmental entity,the nongovernmental entity must attest to the absence of coercion In labor or services. 2. 3. a nongovernmental entity. does not use coercion for labor or services as defined in the relevant section of the law. I am an officer or representative of_t Ml In the presence of:Under penalties of perjury,I declare that I have read the foregoing and the facts stated Sworn to (or affirmed)and subscribed before me by means of „20. .(type of authority)for~j^ Notary Public (Print,Stamp,or Type as notarization,this 'Vh day of Ap (name of person)as (name of party on behalf of whom instrument is executei J Commissioned) Personally known to me;or Produced identification (Type of Identification:) Did take an oath;or Did not take an oath AFFIDAVIT REGARDING PROHIBITION ON CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN Pursuant to Section 287,138,Florida Statutes (which is expressly incorporated herein by reference),a governmental entity may not knowingly enter into a contract with an entity which would give access to an individual’s personal identifying information if (a)the entity is owned by ethe government of a foreign country of concern;(b)the government of a foreign country of concern has a controlling interest in the entity;or (c)the entity is organized under the laws of or has its principal place of business in a foreign country of concern. This affidavit must be completed by an officer or representative of an entity submitting a bid,proposal,or reply to,or entering into,renewing,or extending,a contract with a governmental entity which would grant the entity access to an individual’s personal identifying information. 1.iz ("entity")does not meet any of the criteria in paragraphs (2)(a)-(cyof Section 287.138,F.S. In the presence of: Witness # State of Florida 4 *County of. 1 fcnW thrtuth Mrtaiul Hataytaar >—Notary PgbllU'tPlllll,1 3UMR WFype as Commissioned) Personally known to me;or Produced identification (Type of Identification: Did take an oath;or Did not take an oath Under penalties of perjury,I declare that I have read the foregoing and the facts stated in it are true: EUSHAA.WAUACE Koury Public •SUt«of FtodhCommlulonfHHM10M My Comm.Expire!Ail 11,2025 1 -Print Namei/l/f^^S En^^e:^ Sworn to (or affirmed)and subscribed before me by means of ^physical niesence or online notarization,this day of,AO nt ,20?5 .by kUJiM VYflLlflPv (name of person)as Vl (type of authority)for Ulf Mill.) (name of party on behalf of whom instrument is executed). Witness Print Name: E-VERIFY AFFIDAVIT In accordance with Section 448.095,Florida Statutes,the City requires all contractors doing business with the City to register with and use the E-Verify system to verify the work authorization status of all newly hired employees. The City will not enter into a contract unless each party to the contract registers with and uses the E-Verify system. The contracting entity must provide of its proof of enrollment in E-Verify.For instructions on how to provide proof of the contracting entity’s paiticipation/emoHinent hi E-Verify,please visit:https://www.e- veriFv.eov/faa/liow-do-i-Drovide-proof-of-mv-participationenrollment-m-e-verilv By signing below,the contracting entity acknowledges that it has read Section 448.095,Florida Statutes and will comply with the E-Verify requirements imposed by it,including but not limited to obtaining E-Verify affidavits from subcontractors. Check here to confirm proof of enrollment in E-Verify has been attached to this Affidavit. In the presence of Signal,sealed and delivered by: Witness #2 Print N Name: Title:VStJ^r^'-.Z_ Entity Name:V-M''J ACKNOWLEDGMENT / Personally known to me;or EUSHA*.WMUCePutttcSUteofFlorid*C«r.mSskxi<KHM10M My Comm.Expire*Jut 11,2#M Notary PuoncXPnnt,'S?amp^7Typ^ts Commissioned) The foregoing instrument was acknowledged before me by means of (Zf physical presence or online notarization, this iWday of MilI"20 15.by MlKl (name of person) as (type of authority)for M-WMj$amofpartyonbehalfofwhominstrumentisexecuted). Produced identification (Type of Identification:,) Did take an oath;or Did not take an oath IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed the day and year as first stated above. CITY OF SOUTH MIAMI CONTRACTOR: iSWIM ACADEMY,LLC,A Florida Liability Company Approved as to form and legal sufficiency: By:.,., Weiss Seitota Helfman Cole&Bierman,P.L. City Attorney Addresses for Notice: Genaro “Chip”Iglesias City of South Miami Attn:City Manager 6130 Sunset Drive South Miami,FL 33143 305-668-2510 (telephone) 305-663-6345 (facsimile) ch ip@sou thmi am i fl .gov (em ail) With a copy to: Weiss Serota Helfman Cole &Bierman,P.L. Attn:Lillian Arango,Esq. City of South Miami Attorney 2800 Ponce de Leon Boulevard,Suite 1200 Coral Gables,FL 33134 laiango@wsh-law.com (email) Ai _.i q (telephone) (facsimile).,, f o a.dw > With a copy to: (telephone) (facsimile) (email) CITY OF SOUTH MIAMI REQUEST FOR PROPOSALS (RFP) No. PR2024-18 YOUTH AND ADULT SWIM LESSON AND AQUATIC FITNESS PROGRAM MANAGEMENT City of South Miami Commission Mayor Javier Fernández Vice Mayor Brian Corey Commissioner Lisa Bonich Commissioner Steve Calle Commissioner Daniel Rodriguez City of South Miami City Hall 6130 Sunset Drive South Miami, Florida 33143 ISSUE DATE: December 23, 2024 PROPOSAL DUE DATE: January 28, 2025 PROPOSAL DUE TIME: 10:00 AM PROPOSAL OPENING DATE: January 28, 2025 PROPOSAL OPENING TIME: 10:30 A.M. 1 of 70 20 South’Miami THE CITY OF PLEASANT LIVING PUBLIC NOTICE REQUEST FOR PROPOSALS (RFP) No. PR2024-18 YOUTH AND ADULT SWIM LESSON AND AQUATIC FITNESS PROGRAM MANAGEMENT NOTICE IS HEREBY GIVEN that the City of South Miami (“City”) is soliciting proposals for YOUTH AND ADULT SWIM LESSON AND AQUATIC FITNESS PROGRAM MANAGEMENT services (the “Services”). Interested companies, firms, and individuals (“Proposers”) may obtain a copy of Request for Proposals No. PR2024-18 (the “RFP”) to be issued on December 23, 2024 at the City of South Miami 6130 Sunset Drive, South Miami, FL 33143 or on the City’s website at www.southmiamifl.gov, or via DemandStar at https://network.demandstar.com/. The RFP contains detailed information about the Scope of Services, submission requirements, and selection procedures. All notices and any addenda issued by the City with respect to the RFP will be made available on the City’s website. It is the Proposer’s sole responsibility to ensure receipt of any issued notice or addenda relating to this RFP once posted to the website. The Proposal submission shall be submitted electronically via DemandStar, and marked “Proposal to City of South Miami, RFP No. PR2024-18 for the YOUTH AND ADULT SWIM LESSON AND AQUATIC FITNESS PROGRAM MANAGEMENT services. Proposals must be received by the City by no later than January 28, 2024 at 10:00 AM. Proposals will be publicly opened through video conferencing using the Zoom platform. Members of the public are invited to view the Proposal opening meeting through Zoom at https://zoom.us/j/3056636339 or by listening to the Proposal opening meeting on a dedicated phone line by dialing +1-786-635-1003 Meeting ID: 3056636339. Any Proposal submission received after this time and date will be rejected and returned unopened. Proposers are responsible for ensuring that their Proposal is received in the City by the deadline. The City hereby provides notice to all Proposers of the imposition of a Cone of Silence for this solicitation, as set forth in Section 8A-7 of the City Code. “Cone of Silence," as used herein, means a prohibition on communication regarding a competitive solicitation such as a request for proposal, request for qualification, request for information or request/invitation for Proposal between a potential vendor, service provider, proposer or Proposer, or agent, representative, lobbyist or consultant for the potential Proposer; and (i) members of the City commission; (ii) the City's professional staff; or (iii) any member of the City's selection, evaluation or negotiation committee. Please contact the City Clerk and/or City Attorney with any qu estions on the Cone of Silence. Date Issued: December 23, 2024 2 of 70 21 South 'Miami THE CITY OF PLEASANT LIVING TABLE OF CONTENTS Section Page Section 1: Information for Proposers 4 Section 2: Terms and Conditions 16 Section 3. Scope of Services, Specifications, and Requirements 22 Section 4: Proposal Form Package 27 3 of 70 22 SECTION 1. INFORMATION FOR PROPOSERS 1.1. INTRODUCTION/GENERAL BACKGROUND. The City of South Miami, Florida (the “City”) is soliciting proposals for the provision of YOUTH AND ADULT SWIM LESSON AND AQUATIC FITNESS PROGRAM MANAGEMENT services, including all labor, materials, equipment, and all incidentals necessary, as set forth in Section 3 of this RFP (the “Services”). The Services will include qualified and experienced firms (“Proposers”) providing the Services at the Murray Park Aquatic Center located at 6701 SW 58 Place, South Miami, Fl, 33143 (the “Site”). The Services for the Youth and Adult Aquatic Program shall be offered on a co-ed basis for infants (2+) through older adults (65+). The Services shall be in full accordance with the specifications, terms and conditions contained in this Request for Proposal (RFP). The City intends to award a contract to the lowest, most responsive and responsible Proposer, in accordance with the “Evaluation Criteria,” Section 1.8 and Section 1.9, “Selection Process” in the RFP whose Proposal is most advantageous to the City and which meets the requirements and criteria set forth in this RFP for the Services described in this RFP. 1.2. SCHEDULE OF EVENTS. The following schedule is anticipated for this RFP process, but is subject to change by the City, in its sole discretion, at any time during the RFP procurement process. No. Event Date* Time* (EST) 1 Advertisement/ Distribution of RFP December 23, 2024 1:00 PM 2 Non-Mandatory Pre-bid Meeting via Zoom: https://zoom.us/j/3056636339 NONE SCHEDULED 2 Deadline to Submit Questions / Requests for Clarification January 14, 2025 10:00 AM 3 City Issues Addenda and Responds to Questions January 21, 2025 10:00 AM 4 Deadline to Submit Sealed Proposals – Submission Deadline January 28, 2025 10:00 AM 5 Proposal Opening & Evaluation of Proposals January 28, 2025 10:30 AM 6 City Manager issues recommendation to City Commission February 18, 2025 7:00 PM 7 Award Proposal(s) and Agreement(s) at City Commission Meeting February 18, 2025 7:00 PM 4 of 70 23 1.3. PROPOSAL DUE DATE. Sealed Proposals must submitted electronically through the DemandStar Electronic Proposal System at https://network.demandstar.com/. All sealed proposals must be received by 10:00 a.m. E.S.T. on January 28, 2025 (the “Submission Deadline”). Sealed proposals will be publicly opened through video conferencing using the Zoom platform. Members of the public are invited to view the Proposal opening meeting through Zoom at https://zoom.us/j/3056636339 or by listening to the Proposal opening meeting on a dedicated phone line by dialing +1-786-635- 1003 Meeting ID: 3056636339. 1.4. PRE-BID CONFERENCE AND SITE(S) VISIT. A Non-Mandatory Pre-bid conference WILL NOT be scheduled for this project. Please refer to the Schedule of Events on Page 4 of this solicitation. Prior to submitting a Bid, each Bidder should visit the site and become familiar with the conditions that may, in any manner, affect the Work to be performed by the awarded contractor or the equipment, materials and labor required. The Bidder is also required to examine carefully the Scope of Work set forth in Section 3 of this RFP and be thoroughly informed regarding any requirements or conditions that may in any manner affect the Work to be performed under the Agreement. No allowances will be made because of lack of knowledge of any conditions or requirements. 1.5. ADDENDA, CHANGES, OR REQUESTS FOR INTERPRETATION DURING PROPOSAL PROCESS. The City will not respond to oral inquiries or questions concerning this RFP. All written inquiries, requests for interpretation or clarification shall be sent to: Steven P. Kulick City of South Miami Chief Procurement Officer 6130 Sunset Drive City of South Miami, FL 33143 E-Mail: skulick@southmiamifl.gov Facsimile: (305)669-2636 Any written inquiry or request for interpretation or clarification must be sent by e-mail or written correspondence and received by the City no later than January 14, 2025 at 10:00 a.m. All such interpretations or clarifications will be made in writing in the form of an Addendum to this RFP issued by the City to all known and/or registered prospective Proposers. Each prospective Proposer shall acknowledge receipt of such Addenda by including it in the Proposal Form. All Addenda shall be a part of this RFP and a part of the Agreement and each Proposer will be bound by such Addenda, whether or not received. It is the responsibility of each prospective Proposer to verify that it has received all Addenda issued before Proposal are submitted and opened. 5 of 70 24 1.6. SUBMISSION OF PROPOSAL. Sealed Proposals must submitted electronically through the DemandStar Electronic Proposal System at https://network.demandstar.com/ by the Submission Deadline and must be marked as “Proposal to City of South Miami, RFP No. PR2024-18, “YOUTH AND ADULT SWIM LESSON AND AQUATIC FITNESS PROGRAM MANAGEMENT” and addressed to: Steven P. Kulick City of South Miami Chief Procurement Officer 6130 Sunset Drive City of South Miami, FL 33143 E-Mail: skulick@southmiamifl.gov THE RESPONSIBILITY FOR OBTAINING AND SUBMITTING A PROPOSAL TO THE CITY ON OR BEFORE THE SUBMISSION DEADLINE IS SOLELY AND STRICTLY THE RESPONSIBILITY OF THE PROPOSER. THE CITY IS NOT RESPONSIBLE FOR ANY DELAYS THAT MAY OCCUR DURING THE SUBMISSION OF PROPOSALS. ANY PROPOSAL RECEIVED AFTER THE SUBMISSION DEADLINE STATED IN THIS RFP WILL NOT BE OPENED AND WILL NOT BE CONSIDERED. FACSIMILE AND EMAILED PROPOSAL SHALL NOT BE CONSIDERED. The Proposal must be signed by an authorized officer of the Proposer who is legally authorized to bind the Proposer and enter into a contractual relationship in the name of the Proposer. The submittal of a Proposal by a Proposer will be considered by the City as constituting an offer by the Proposer to perform the required Services, upon the terms and at the prices stated by the Proposer. Proposals will be publicly opened and read. All Proposers and their representative may be invited to be present. Proposals shall be typed or printed in ink. All blanks on the Proposal form(s) must be completed. Names must be typed or printed below the signature. Proposals submitted by hand- delivery, facsimile and/or email will NOT be accepted. Only one (1) Proposal from any individual, firm, partnership, or corporation, under the same or different names, will be considered. If the City determines that any Proposer has interest in more than one (1) Proposal for Services contemplated; all Proposals in which such a Proposer is interested will be rejected. Proposer by submitting the Proposal certifies that the Proposal is made without previous understanding, contract, or connection with any person, firm or corporation making a Proposal for the same material, supplies, equipment or services and is in all respects, fair and without collusion of fraud. 1.7. PROPOSAL REQUIREMENTS & FORMAT. Each Proposer must present its products, services, and applicable features in a clear and concise manner that demonstrates the Proposer’s capabilities to satisfy the requirements of this RFP. The emphasis should be on accuracy, clarity, comprehensiveness, and ease of identifying pertinent information and suitability of the Services. Proposals MUST include the following in this order: 1.7.1. Executive Summary. Proposer must provide an executive summary of the Proposal that covers the following elements: 6 of 70 25 1.7.1.1. Cover Page. Each Proposal submitted shall have a cover page with the Proposer’s business Name, address, and telephone number; Name and all contact information for individual that will serve as the Project Manager (PM); the date and subject “Proposal to City of South Miami, RFP No. PR2024-18 for “YOUTH AND ADULT SWIM LESSON AND AQUATIC FITNESS PROGRAM MANAGEMENT.” 1.7.1.2. Table of Contents. A Table of Contents that outlines in sequential order the major areas of the Proposal, including enclosures. All pages must be consecutively numbered and correspond to the Table of Contents and shall be in the order required by this RFP. 1.7.1.3. Letter of Interest. Letter describing the Proposer’s ability to meet the requirements of the RFP; commitment to the City; understanding of the Services to be performed, local conditions, and the City’s goals and objectives; the Proposer’s approach and philosophy in implementing the Services; and such other aspects of the Proposal. The Executive Summary must be single-spaced, 12-point font (regular typeface (e.g. Times New Roman, Arial, Calibri)), and shall not exceed a maximum three (3) pages in length. 1.7.2. Proposal Form Package. Proposer shall provide complete and accurate copies, with all required signatures and notarizations, for all the forms in the Proposal Package: ‘ Form 1. Proposal Form Package Acknowledgement. Form 2A. Proposer’s Certification (if Company or Corporation) Form 2B. Proposer’s Certification (if Partnership) Form 3. Single Execution Affidavits Form 4. Dispute Disclosure Form 5. Certification Regarding Debarment, Suspension, & Other Responsibility Matters Primary Covered Transactions Form 6. Proposer’s Qualifications Survey Form 7. Price Proposal Form Form 8. Reference List Form 9. Key Staff & Proposed Subcontractors 1.7.3. Proposer's Qualifications. Include Name, function, and qualifications of the Proposer’s firm and Project Manager. The Project Manager or contact assigned to the Services shall within the past five (5) years have conducted and been responsible for providing Services in a similar project or environment. Please note, to receive further consideration, all Proposers must provide the necessary documentation to demonstrate that they meet the following minimum qualifications: 1.7.3.1. Service and Incorporation. Contractor shall have been in business and continuous operation and service and incorporated in the State of Florida for a minimum of five (5) years. 1.7.3.2. Licenses. Contractor must be fully licensed with any and all applicable and required licenses, certifications and permits for Services, including government licenses, certifications, and permits from the State of Florida, Miami-Dade 7 of 70 26 County, the City, and any other governing governmental regulatory authorities or sports associations. 1.7.4. Proof of Experience. Provide comprehensive documentation demonstrating the Proposer’s successful track record in delivering services similar to those specified in this RFP to governmental entities, particularly municipalities of comparable size and needs as the City. The Proposer must currently provide such services on a full-time basis and must have been in continuous operation for a minimum of five (5) years, or be affiliated with a professional aquatic programming franchise that has operated an aquatic academy program continuously for at least five (5) years. The documentation should explicitly address the following: 1.7.4.1. Demonstrate knowledge of the business operations and legal requirements associated with providing the specified services, including adherence to relevant state and local regulations. 1.7.4.2. Detail the Proposer's experience and expertise as a manager of recreation facilities or programs. Include evidence of coaching experience and relevant credentials, such as coaching certifications or licenses issued by recognized recreation or aquatic associations, or governmental organizations. 1.7.4.3. Provide evidence of substantial experience working with youth and teens, highlighting a track record of effectively engaging, motivating, and communicating with participants during swim lessons and related activities. 1.7.5. Personnel Qualifications/Key Staff. The Proposer must include the following information for this requirement: 1.7.5.1. Key Staff. Complete and submit Form 9, “Key Staff and Proposed Subcontractors.” Include a one-page resume with contact information for each Key Staff members. Resumes should include experience with similar services, specifying the role the individual employee served in the provision of the Services. List all professional certifications and memberships held by key staff. 1.7.5.2. Organizational Chart. Provide an organizational chart showing reporting structure for all Key Staff, including any key subcontractors. 1.7.5.3. Personnel Plan. Provide a Personnel Plan that addresses the following matters: 1.7.5.3.1. A complete operating plan with an organizational chart and supporting information which illustrates the proposed staffing plan for each operation on a daily, weekly, and monthly basis for all type of positions included in proposal. 1.7.5.3.2. Provide data for which staffing levels are based and include employee qualifications for the positions, full-time/part-time status, process for staffing, determinations, and adjustments. 8 of 70 27 1.7.5.3.3. A complete operating plan with organizational chart and supporting information which illustrates the proposed staffing plan for each operation on a daily, weekly, and monthly basis for all type of positions included in proposal. 1.7.5.3.4. Provide data for which staffing levels are based and include employee qualifications for the positions, full-time/part-time status, process for staffing, determinations, and adjustments. 1.7.6. Program Plan. The Proposer must provide a written Program Plan in narrative form detailing how the Proposer will implement its operation and management services for the Program. The Program Plan should discuss: 1.7.6.1. All levels of Swim Lesson Programming to be offered, such as youth and adult, aquatic group and private classes, fitness classes, seasonal academies, clinics, and such other aquatic Programming to be offered. 1.7.6.2. Describe the structure and scope of youth and adult swim lessons, aquatic fitness programs, and any seasonal or specialized offerings. Include information on how these programs are tailored to meet diverse community needs. 1.7.6.3. Swim lesson level structure defined with standards set forth by American Red Cross, Starfish Aquatic Institute, Ellis and Associates, or private swim lesson curriculum that includes level descriptions, ages, minimum and maximum participants per class, and swimming skill, and/or such other league rules and regulations as may be approved by the Parks, Recreation and Culture Department. 1.7.6.4. Detailed list of all equipment and other materials that will be provided to Programming participants. 1.7.6.5. Customer service approach. 1.7.6.6. Detailed information on the registration process for participants, including how participants are onboarded and managed, ensuring accessibility and efficiency. 1.7.6.7. Provide a clear expression of proposer’s approach and intent to provide scholarships to need-based city residents. Detail the logistics and processes for providing need-based scholarships, including the criteria for selection, the number of scholarships offered annually, and how the program supports inclusivity and access for underserved populations. 1.7.6.8. Supervisory personnel approach, including details relating to use of supervisory personnel, security, and such other individuals necessary to provide the Services. 1.7.6.9. Organizational approach, including information relating to Proposer’s intended annual, seasonal, and daily scheduling goals, anticipated pool usage, participant attendance, and other logistical aspects of the Services. 1.7.6.10. Youth and adult aquatic Program promotion and advertising strategy. 9 of 70 28 1.7.6.11. Outline the promotional strategies and customer service plans employed to attract and retain participants. Include methods for addressing participant concerns and maintaining high levels of satisfaction. 1.7.7. Price Proposal. The Proposer must provide a breakdown of the proposed annual facility contribution to the City, registration fee structure for residents and non- residents, and how proposed fees align with municipal standards. 1.7.8. Safety Record. Describe the safety protocols implemented to maintain appropriate swimmer-to-instructor ratios and fitness programs, ensuring participant safety and compliance with industry standards. 1.7.8.1. Provide evidence of the Proposer’s knowledge and application of first aid procedures, injury prevention strategies, and proper equipment usage. Include details on the certifications held by instructors and supervisory personnel, such as CPR, AED, and first aid certifications, along with any additional relevant training. 1.7.8.2. Disclose any litigation or legal actions related to safety issues within the last five (5) years. Include a summary of the outcomes and corrective actions taken to prevent future incidents. Transparency in addressing past challenges will be a key factor in evaluation. 1.7.8.3. Detail the resolution processes for any safety or compliance violations, outlining the steps taken to address deficiencies and ensure adherence to safety standards moving forward. 1.7.8.4. Proposers, including their principals, owners, partners, corporate officers, and/or management employees, must disclose any criminal charges or findings of guilt. Proposers with such records may be deemed non-responsive at the City’s sole discretion. 1.7.9. Insurance Certificates. Proposer shall provide certificates of insurance demonstrating compliance with the requirements set forth under Section 2 of this solicitation, including: 1.7.9.1. Commercial General Liability 1.7.9.2. Workers Compensation & Employer’s Liability 1.7.9.3. Business Automobile Liability 1.7.9.4. Sexual Abuse and Molestation Liability (if required by the City) THE CITY MAY REQUIRE HIGHER LIMITS OF INSURANCE OR ADDITIONAL COVERAGE IF DEEMED NECESSARY. 1.7.10. Additional Information. Proposer may provide any additional information that highlights the Proposer’s experience, awards, or expertise that is relevant and directly applicable to this RFP. Additional information must not exceed two (2) pages, single- spaced and in 12-point font (regular typeface). 10 of 70 29 1.8. EVALUATION CRITERIA. Award shall be made to the Responsible Proposer(s) whose Proposal is determined to be the lowest, most responsive Proposal that is most advantageous to the City. Proposals will be evaluated according to the following criteria and respective weight: Category Criteria Maximum Points 1 Firm Qualifications & Experience Evaluate the expertise, reputation, and professional qualifications of the proposing firm and the assigned Project Manager. This includes verification of relevant licenses, certifications, and permits necessary to provide aquatic services. Special consideration is given to evidence of continuous operation for a minimum of five years or affiliation with an established professional aquatic programming franchise. Assess the firm's history and successful experience providing aquatic programming services, especially for governmental entities of comparable size and needs. Emphasis is placed on projects involving community-focused swim and fitness programs. 40 Points 2 Personnel Qualifications: Examine the qualifications, expertise, and experience of key staff and subcontractors. This includes evaluating resumes, certifications, the organizational structure, and the Proposer's Personnel Plan. 20 Points 3 Program Plan: Analyze the Proposer’s detailed Program Plan, covering the structure and scope of youth and adult swim lessons, aquatic fitness programming, participant registration process, equipment provision, and overall organizational approach, including supervisory personnel approach. Assess promotion and advertising strategies, customer service approach, and plans for need-based scholarships. 25 Points 4 Price Proposal: Review the competitiveness and clarity of the proposed annual facility contribution to the City and the registration fee structure for both resident and non-resident participants. Consider how well the pricing aligns with municipal standards and community affordability. 10 Points 6 Safety Record: Assess the Proposer’s safety protocols, compliance record, and litigation history over the past five years. Consider documented swimmer-to-instructor ratios, first aid training, and injury prevention measures. 5 Points Total: 100 Points 11 of 70 30 1.9. SELECTION PROCESS. The City shall evaluate proposals received by the submission deadline in accordance with the evaluation procedures outlined below. 1.9.1. Phase I – Staff Level Review for Compliance with Minimum Requirements. A member of City Staff shall review and evaluate the Proposals submitted to ensure the minimum requirements of the RFP have been met. The City Manager or designee may reject those proposals that do not meet the minimum requirements of the RFP. 1.9.2. Phase II – Evaluation Selection Committee Review. The City Manager will appoint an Evaluation Selection Committee (“Committee”) to review and evaluate the responsive Proposals during a public meeting (the City will provide instructions on how to participate and access the meeting). The Committee shall select in order of preference and rank the firm(s) it deems to be qualified to perform the required services using the evaluation criteria set forth above. After scoring and ranking, and in order of preference, the Committee may create a short list of those short-listed Proposers who may be called for oral presentations before the Committee as further detailed herein. The City reserves the right to short-list additional Proposers for oral presentations before the Committee. The Committee reserves the right to request additional information or seek clarifications as it deems necessary. Failure to comply with any mandatory requirements may disqualify a proposal. The Committee reserves the right to conduct additional interviews or require presentations prior to finally ranking the Proposers. 1.9.3. Phase III – Oral Presentations (if Required by Committee). The Committee may call the short-listed Proposers for oral presentations before the Committee regarding their Proposal, approach to the Services, and ability to furnish the required Services. All short-listed Proposers and subconsultants in their teams shall be present at the assigned time for a 20-minute presentation followed by up to a 10-minute question-and-answer session. The Proposers are encouraged to be represented only by the lead key staff member and the staff identified in the Proposal. Additional details on the oral presentations may be provided to the short-listed Proposers. If oral presentations are requested by the Committee, the oral presentation will be worth a maximum of 25 additional points and shall be added to the Evaluation Committees Final Scoring for each Proposer. The City will notify the Proposers where the oral presentations, if any, will be conducted and whether the Proposers may appear virtually or must appear in-person. The Committee shall rank the Proposers and provide its written recommendations to the City Manager. Should the Committee’s evaluation process result in a tie in the rankings, the tie will be resolved in favor of the Proposer with the greatest number of years in existence providing the Services. 1.9.4. Phase IV – Selection and Negotiation of Contract by the City Manager. After short-listing of the top three Proposers deemed to be responsible by the Evaluation Committee, the City Manager will present a recommendation to the City Commission with 12 of 70 31 the Evaluation Committee’s rankings and recommendations for consideration by the City Commission and the City Manager’s recommendation for award or rejection of all proposals for approval at a Commission meeting. 1.9.5. Phase V – City Commission Meeting to Approve Contract with Proposer. Upon reaching mutually agreeable terms with the selected Proposer(s), the Contract negotiated by the City Manager or designee(s) with the selected Proposer shall be presented to the City Commission for final approval together with the recommendation of the Committee and the City Manager. The City Commission shall have the final authority to select the Proposer(s) and award any Contract(s). Any award shall be subject to execution of the Contract. Neither this RFP, nor the notice of award of the Agreement(s) constitutes an agreement or contract with the Successful Proposer(s). An agreement or contract is not binding until a written agreement or contract, in substantially the form attached hereto as Attachment “A,” has been executed by the City and the Successful Proposer(s) and approved as to form, content, and legal sufficiency by the City Manager and City Attorney. 1.10. CITY’S RIGHTS; WAIVER OF IRREGULARITIES. The City reserves the right to reject any or all proposals which is in any way incomplete or irregular, re-Proposal the entire solicitation, or enter into contracts with more than one Contractor. The City reserves the right to accept or reject any and/or all Proposal or parts of Proposal, to workshop or negotiate any and all Proposal, to select and award Proposer(s) for all or any of the Services, waive irregularities in Proposal, to cancel or discontinue this RFP process, and to request new Proposal on the required Services. The City Commission shall make the final determination and award of Proposal(s). All materials submitted in response to this Request for Proposals become the property of the City and will be returned only at the option of the City. The City has the right to use any or all ideas presented in any Proposal or responses to the RFP, whether amended or not, and selection or rejection of Proposal does not affect this right. 1.11. CODE OF ETHICS PROVISIONS. 1.11.1. Cone of Silence. The provisions of City’s Cone of Silence are applicable to this RFP. The City’s Cone of Silence provisions can be found under Section 8A-7 of the City Code of Ordinances. Questions regarding the Cone of Silence may be sent to: Nkenga “Nikki” Payne, CMC, FCRM City Clerk City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Npayne@southmiamifl.gov 13 of 70 32 The Cone of Silence as used herein means a prohibition of any communication regarding a competitive solicitation such as a request for proposal, request for qualification, request for information or invitation/request for Proposal, between a potential vendor, service provider, proposer or Proposer (hereinafter referred to as the "potential Proposer"), or agent, representative, lobbyist or consultant for the potential Proposer; (hereinafter referred to as the "Proposer'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. The provisions of the Cone of Silence shall not apply to: (i) Communications at a duly noticed pre-Proposal 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; (ii) 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 F.S. § 286.0113; (iii)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 Proposer or Proposer's representative. The City clerk shall make copies available to any person upon request; (iv) 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; (v) Communications with the City attorney and his or her staff; (vi) Communications during any duly noticed site visits to determine the competency and responsibleness of Proposers regarding a particular Proposal during the time period between the opening of proposals and the time the City Manager makes a written recommendation; (vii) Any emergency procurement of goods or services pursuant to City code; (viii) 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; (ix) Communications prior to Proposal opening between City's professional staff and potential Proposers and/or Proposer's representatives to enable City staff to seek and obtain industry comment or perform market research, provided all communications related thereto between a potential Proposers and/or Proposer's representatives and any 14 of 70 33 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. 1.11.2. Lobbying Prohibited. All potential Proposers and their agents who intend to submit, or who submitted, a Proposal or response to this solicitation, are prohibited from lobbying, individually or collectively, any City Commissioner, candidate for City Commissioner, or any employee of the City in connection with this solicitation. The term "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. Contact may only be made through regularly scheduled Commission meetings, or meetings scheduled through the Procurement Division, which is for the purpose 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-5(c)(9), of the City Code of Ordinances and completing Attachment B to this RFP. Any person 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. All Proposers are strongly encouraged to review Section 8A-5 of the City Code of Ordinances for further information. To register as a lobbyist, please contact the City Clerk at: Nkenga “Nikki” Payne, CMC, FCRM City Clerk City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Npayne@southmiamifl.gov 15 of 70 34 SECTION 2. TERMS AND CONDITIONS 2.1. PURPOSE OF PROPOSAL. The City requests Proposals from qualified firms for YOUTH AND ADULT SWIM LESSON AND AQUATIC FITNESS PROGRAM MANAGEMENT services (the “Services”). The Services to be performed include, but are not limited to, as further detailed in the Scope of Services provided in Section 3 herein (the “Services”). The frequency, nature, scope and definition of the Services desired or required by the City may change from time to time, at the City’s discretion. 2.2. EQUIPMENT. Any equipment or products used by Contractor to provide Services pursuant to this RFP shall remain the property of the Contractor. In the event equipment or products used by the Contractor are found to be defective, of unsatisfactory quality, or do not conform to the requirements of this RFP or the Specifications, the City reserves the right to reject the equipment or product(s), at the Contractor’s expense. 2.3. [INTENTIONALLY OMITTED] 2.4. PROPOSAL COSTS. Proposers submitting Proposal do so entirely at their own cost and expense. There is no expressed or implied obligation by the City to reimburse any individual or firm for any costs or expenses incurred in preparing or submitting Proposal, providing additional information when requested by the City, or for participating in any selection interviews. 2.5. LICENSES AND PERMITS. Proposer shall secure any and all necessary and required licenses, certifications and permits to conduct the Services, including, but not limited to, all Federal, State, County and City licenses and permits. All Proposers must provide the necessary documentation to demonstrate that they meet all applicable licensing and permitting requirements. By submitting a Proposal in response to this RFP, Proposer represents and warrants to the City that it holds all licenses, certifications and permits (“Licenses”) required by applicable law and by any other governmental authority or agency to perform the Services. Proposer represents and warrants to the City that the Licenses shall be in full force and effect on the date of performance of the Services and further represents that it holds and will hold all Licenses throughout the term of the Agreement. Proposer shall provide the City with copies of all Licenses and any additional permits that may be required for performance of the Services with its Proposal and during the term of the Agreement. Where the Contractor is required to enter onto City property, public rights-of-way or other property to deliver equipment or to perform the Services as a result of a Proposal award, the Contractor will assume the full duty, obligation and expense of obtaining all necessary approvals, licenses, permits, inspections and insurance required. The Contractor shall be liable for any damages or loss to the City property, or other property or persons, occasioned by the acts or omissions, or the 16 of 70 35 negligence of the Proposer (or their agent) or any person the Proposer has designated in the performance of the Services, as a result of the Proposal. 2.6. INSURANCE. 2.6.1. If selected, the Contractor shall secure and maintain throughout the duration of the awarded contract insurance of such types and in such amounts not less than those specified below as satisfactory to City, naming the City as an Additional Insured, underwritten by a firm rated A-X or better by A.M. Best and qualified to do business in the State of Florida. The insurance coverage shall be primary insurance with respect to the City, its officials, employees, agents and volunteers naming the City as additional insured. Any insurance maintained by the City shall be in excess of the Contractor’s insurance and shall not contribute to the Contractor’s insurance. The insurance coverages shall include at a minimum the amounts set forth in this section and may be increased by the City as it deems necessary or prudent. Copies of Contractor’s actual Insurance Policies as required herein and Certificates of Insurance shall be provided to the City, reflecting the City as an Additional Insured. Each Policy and certificate shall include no less than (30) thirty-day advance written notice to City prior to cancellation, termination, or material alteration of said policies or insurance. All coverage forms must be primary and non-contributory and the Contractor shall provide a waiver of subrogation for the benefit of the City. The Contractor shall be responsible for assuring that the insurance policies and certificates required by this Section remain in full force and effect for the duration of the Services. 2.6.1.1. Commercial General Liability coverage with limits of liability of not less than a $1,000,000 per Occurrence combined single limit for Bodily Injury and Property Damage. This Liability Insurance shall also include Completed Operations and Product Liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor. The General Aggregate Liability limit and the Products/Completed Operations Liability Aggregate limit shall be in the amount of $2,000,000 each. 2.6.1.2. Workers Compensation and Employer’s Liability insurance, to apply for all employees for statutory limits as required by applicable State and Federal laws. The policy(ies) must include Employer’s Liability with minimum limits of $1,000,000.00 each accident. No employee, subcontractor or agent of the Contractor shall be allowed to provide Services pursuant to this RFP who is not covered by Worker’s Compensation insurance. 2.6.1.3. Business Automobile Liability with minimum limits of $1,000,000.00 per Occurrence, combined single limit for Bodily Injury and Property Damage. 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 the Insurance Service Office, and must include Owned, Hired, and Non-Owned Vehicles. 2.6.2. The Contractor agrees to indemnify, defend and hold harmless the City from and against any and all claims, suits, judgments, losses, damages, executions and/or liabilities as to bodily injuries and/or property damage which arise or grow out of the Agreement or Contractor’s performance of the Services required by this RFP. 17 of 70 36 2.6.3. The Contractor shall also, upon request by the City, provide copies of all official receipts and endorsements as verification of Contractor's timely payment of each insurance policy premium as required by the Agreement. THE CITY MAY REQUIRE HIGHER LIMITS OF INSURANCE OR ADDITIONAL COVERAGE IF DEEMED NECESSARY. 2.7. [INTENTIONALLY OMITTED] 2.8. PROPOSAL GUARANTY/PROPOSAL BOND. Each Proposal must be accompanied by a Proposal Bond or Cashier’s Check, in the amount of five percent (5%) of the Proposal, in the form provided in Form 10. Proposal Guaranty shall be made by certified or cashier's check or by a Proposal bond made payable to the City and provided by a surety company authorized to do business as a surety in the state. All Proposal Bonds shall be valid for a period of at least 90 days from the Proposal submission date. The Proposal Bonds for all unsuccessful proposals shall be returned after the 90-day period. The purpose of the Proposal bond is to ensure that proposals are honored and that they remain valid for the required period. Accordingly, Proposal bonds are subject to forfeiture any time Proposers refuse to honor their proposals for at least 90 days after Proposal opening. The Proposal Guaranty of the successful Proposer will be retained until such Proposer has executed a contract and furnished any payment and performance bonds, along with all insurance policies, licenses, or other documentation that may be required by the City. If the successful Proposer fails to furnish the required payment and performance bonds, fails to execute and deliver the contract, or fails to deliver the required insurance policies, licenses, or other documentation to the office of the purchasing agent within the time specified in the instructions to Proposers, the City may annul the notice of award and the entire sum of the Proposal Guaranty shall be forfeited to the City. All Proposal Guarantees of unsuccessful Proposers will be returned after the Contract is awarded and executed. If the requirement for a Proposal Guaranty/Proposal Bond is waived, the City shall select this box:☒. 2.9. COMPLIANCE WITH LAW AND OTHER REQUIREMENTS. Contractor shall conduct its operations in compliance with all applicable federal, State, County and City laws and regulations in providing the Services required by this RFP. 2.10. ASSIGNMENT. The Contractor shall not transfer or assign the performance of the Services required by this RFP and the Agreement without the City’s prior written consent. Any award issued pursuant to this RFP and monies which may be payable by the City, are not assignable except with the City’s prior written approval. 2.11. ATTORNEY’S FEES. If the City incurs any expense in enforcing the terms of the Agreement, whether suit be brought or not, Contractor agrees to pay all such costs and expenses including, but not limited to, court costs, interest and reasonable attorney’s fees. 18 of 70 37 2.12. CONTRACTOR’S RELATION TO THE CITY. It is expressly agreed and understood that the Contractor is in all respects an independent contractor as to all Services hereunder, and that the Contractor is in no respect an agent, servant or employee of the City. This RFP specifies the Services to be performed by the Contractor, but the method to be employed to accomplish the Services shall be the responsibility of the Contractor, unless otherwise provided in the Agreement or by the City. 2.13. DISCRIMINATORY PRACTICES. The Contractor shall not discriminate or deny service, deny access, or deny employment to any person on the basis of race, color, creed, sex, sexual orientation, religion or national origin. The Contractor will strictly adhere to the equal employment opportunity requirements and any applicable requirements established by the State of Florida or the Federal Government. 2.14. CANCELLATION. Failure on the part of the Contractor to comply with the conditions, specifications, requirements and terms as determined by the City, shall be just cause for cancellation of the award, with the Contractor holding the City harmless. 2.15. INDEMNIFICATION. The Contractor shall indemnify, save harmless and defend the City and Miami-Dade County, its officers, agents and employees from and against any claims, demands or causes of action of whatsoever kind or nature arising out of any act, error, omission, negligent act, conduct or misconduct of the Contractor, its agents, servants or employees, in the performance of the Services pursuant to this RFP and/or from any procurement decision of the City including without limitation, awarding the Agreement to a Contractor. 2.16. MULTIPLE /OTHER VENDORS. The City reserves the right to select and award multiple Proposers to provide one, some or all of the Services. If the selected contractors are unavailable, the City reserves the right to seek and obtain other sources. 2.17. PUBLIC ENTITY CRIME/DISQUALIFICATION. Pursuant to Section 287.133(3)(a), Florida Statute, all Proposers are advised as follows: “A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Proposal on a contract to provide any goods or services to a public entity, may not submit a Proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals 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 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 from the date of being placed on the convicted vendor list.” 19 of 70 38 2.18. NO CONTINGENCY FEE. Proposer shall warrant that it has not employed or retained any company or person, other than a bona fide employee working solely for the Proposer, to solicit or secure the Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Proposer, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making the Agreement. For the breach or violation of this provision, the City shall have the right to terminate the Agreement, without liability, at its discretion. 2.19. PUBLIC RECORDS; CONFIDENTIALITY. Proposers are hereby notified that all information submitted as part of or in support of Proposal submitted pursuant to this RFP are public records subject to public disclosure in accordance with Chapter 119, Florida Statutes. If there is any apparent conflict between Florida’s Public Records Law and this RFP, Florida Law will govern and prevail. All Proposals submitted in response to this RFP shall become the property of the City. Unless the information submitted is proprietary, copyrighted, trademarked, or patented, the City reserves the right to utilize any or all information, ideas, conceptions, or portions of any Proposal in its best interest. Acceptance or rejection of any Proposal shall not nullify the City’s rights hereunder. Notice Pursuant to Section 119.0701(2)(a), Florida Statutes. IF THE PROPOSER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PROPOSER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS SOLICITATION, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: Custodian of Records: Nkenga “Nikki” Payne, CMC, FCRM Mailing address: 6130 Sunset Drive South Miami, FL 33143 Telephone number: 305-663-6340 Email: NPayne@southmiamifl.gov 2.20. AMERICAN RESCUE PLAN ACT PROVISIONS. Proposer acknowledges that the Services may be fully or partially funded utilizing Coronavirus State and Local Fiscal Recovery Funds allocated to the City pursuant to the American Rescue Plan Act (“ARPA”). The selected Contractor shall be required to comply with all laws, rules, regulations, policies, and guidelines (including any subsequent amendments to such laws, regulations, policies, and guidelines) required by ARPA, as further detailed in the ARPA Addendum, as N/A, to this solicitation. If compliance with this section is required, the City shall select this box: . 20 of 70 39 2.21. GRANT FUNDING. By submitting a response to this solicitation, Proposers acknowledge that the Services may be fully or partially funded utilizing funds from the grants listed below (the “Grant”). Accordingly, by submitting a response to this competitive solicitation, the Proposer warrants and represents that it has reviewed the terms and conditions for each Grant and will perform the Services in accordance with the terms and conditions of the Grant(s). Grant Title Grant Agreement Attachment No. If the Services will be funded utilizing Grant funds, the City shall select this box:. END OF SECTION 2 21 of 70 40 SECTION 3 SCOPE OF SERVICES, SPECIFICATIONS, AND REQUIREMENTS YOUTH AND ADULT SWIM LESSON AND AQUATIC FITNESS PROGRAM MANAGEMENT RFP #PR2024-18 3.1. INTENT The City of South (the “City”) is requesting proposals from qualified and experienced firms (“Proposers”) for Operation and Management Services for Youth and Adult Swim Lesson and Aquatic Fitness Programs (the “Services”) at the Murray Park Aquatic Center located at 6701 SW 58 Place, South Miami, Fl, 33143 (the “Site”). The Services for the Youth and Adult Aquatic Program shall be offered on a co-ed basis for infants (2+) through older adults (65+). The program will require the Proposer to provide organizational and administrative duties including, but not limited to, registration of participants, financial responsibility and accountability, swim lessons and aquatic fitness class operations, purchasing of equipment, providing a high level of customer service, and working in partnership with the City. 3.2. SITE DESCRIPTION The City has identified 6701 SW 58 Place, South Miami FL, 33143, hereinafter referred to as the Aquatic Center. The site is illustrated below. The site is provided in as-is condition. The 100,000-gallon main pool consists of three (3) lap lanes, one (1) shallow area with a zero-depth entry and one (1) shallow area with a stair entry. The splash pad features several spraying features with a surrounding fence. There are two (2) picnic tables, two (2) benches and multiple individual deck and lounge chairs for spectators. 22 of 70 41 3.3. SCOPE OF SERVICES The Services for the City’s Youth and Adult Swim Lesson and Aquatic Program shall be offered on a coed basis to infants (2+) and adults (18 – 65+). Proposer must offer aquatic fitness classes at no cost to South Miami residential seniors (65+) to ensure accessibility to fitness resources within the community. Proposers are expected to provide a detailed description of their firm, qualifications of staff, proposed programming, detailed list of equipment, and any other pertinent information relating to the Services. The Proposer that is awarded a contract by the City Commission to provide the Services (the “Contractor”) for the City’s Youth and Adult Swim Lesson and Aquatic Programs shall provide a safe, high quality and customer-oriented operation with well-maintained equipment and experienced staff. The contractor must offer and deliver diverse youth swim lesson programming, in addition to youth and/or adult aquatic fitness classes. The contractor shall be responsible for the operation, implementation, management and promotion of aquatic programming in the City of South Miami at the Murray Park Aquatic Center, hereinafter referred to as the Aquatic Center. Anticipated site hours of operation are 9:00 AM to 12:00 PM and 4:00 PM to 7:00 PM Monday through Friday, and Saturdays 9:00 AM – 12:00 PM, from April (or start of Miami-Dade County Public School (MDCPS) Spring Recess) to September (aquatic fitness programming extended to October only); site hours cannot extend beyond the listed hours of operation (program schedule illustrated below). All activities and occupation of the site and its parking lots shall cease at the closing of the park’s operating hours). Swim Lesson Program April (or start of MDCPS Spring Recess) – September Program Days Times Group and/or Private Swim Lessons Private Lessons Only Monday - Friday 9:00 AM - 11:00 AM & 4:00 PM - 6:00 PM 11:00 AM – 12:00 PM (M/W/F/S) 6:00 PM - 7:00 PM (T/TR) Group and/or Private Swim Lessons Saturday 9:00 AM - 11:00 AM Aquatic Fitness Program April (or start of MDCPS Spring Recess) – October Program Days Times Aquatic Fitness Mon/Wed/Fri/Sat 11:00 AM – 12:00 PM Aquatic Fitness Tues/Thurs 6:00 PM - 7:00 PM 23 of 70 42 3.4. TERM/COMMENCEMENT DATE The initial term of this Agreement shall take effect on Monday, March 24, 2025, and remain in effect for three (3) consecutive years, unless earlier terminated. Additionally, the City Manager may renew this Agreement for one (1) two (2) year period on the same terms as set forth herein upon written notice to the Contractor. 3.5. RESPONSIBILITIES OF THE PARTIES 3.5.1. Contractor Responsibilities: The Contractor shall: 3.5.1.1. Provide without limitation continuous, scheduled swim lesson programming to city and non-city residents, who shall herein be referred to as participants, at least five (5) days per week between Monday through Saturday, from April through September each contract year. 3.5.1.2. Provide without limitation continuous, scheduled aquatic fitness programming to city and non-city residents, who shall herein be referred to as participants, at least four (4) days per week between Monday through Saturday, from April through October each contract year. 3.5.1.3. Compensating the City through an annual fee for the exclusive right to provide the Services at the Site. 3.5.1.4. Contract Payment Instruction & Schedule: The first payment of each term, representing 50% of the amount owed to the City, is due no later than June 5 at 3:00 PM. The second payment of each term, representing the remaining amount owed to the City, is due no later than September 5 at 3:00 PM. All payments must be made to the City’s Finance department located at 6130 Sunset Drive, South Miami, Fl 33143. 3.5.1.5. Submit to the Director of Parks, Recreation and Culture or his/her designee, hereinafter referred to as the “Department”, a detailed Program Plan, in a format approved by the Department, including, but not limited to a written program schedule prior to each season for organized co-ed infant, youth and adult swim lesson and fitness programs, and any other pertinent information requested by the Department no less than four (4) weeks prior to the beginning of each session/season. 3.5.1.6. Take daily attendance of all students registered for the Program. 3.5.1.7. Provide an agreed upon discounted rate for residents of the City of South Miami. 3.5.1.8. Allow a two-week resident only registration period for swim lesson programs and services prior to the start of each season. 3.5.1.9. Provide a minimum of ten (10) swim lesson scholarships each contract year designated for South Miami youth residents that shall enable the recipients to participate in the swim lesson program free of charge. 3.5.1.10. Offer aquatic fitness classes at no cost to South Miami residential seniors (65+) to ensure accessibility to fitness resources within the community. The Contractor must conduct water aerobic classes at least three (3) times per week. The program cannot be removed from the schedule without prior written approval form the Director of Parks, Recreation and Culture. 24 of 70 43 3.5.1.11. Proof of residency is required for all families registering as residents. A photo ID plus one of the following is the only acceptable proof of residency: o Current utility bill o Current vehicle registration certificate o Current real property tax bill or deed o Certificate or letter from the IRS 3.5.1.12. Upon the Department’s request, and in a format approved by the Department, provide residential and non-residential data, any Program financial information, or other Program related information as requested. 3.5.1.13. Submit any documents and/or marketing materials, not limited to flyers, banners, advertisement, and social media posts related to Swim Lesson and Aquatic Fitness Programs to the Director of Parks, Recreation, and Culture or his/her designee for final approval prior to distribution. 3.5.1.14. Abide by the rules and regulations of the Department as promulgated from time to time. Contractor understands and agrees that the Department shall have first priority for use of park facilities, notwithstanding any other provisions of this Agreement. The City reserves the right to cancel sessions for City sanctioned activities or events and agrees to notify the Contractor of said cancellations in writing. 3.5.1.15. Provide necessary supervisory personnel to ensure that the participants of the Program obey all Department Rules and Regulations. The Contractor shall recruit, train, compensate and assign staff and volunteers to perform all tasks associated with conducting aquatic operations, and ensure that all employees are distinctly uniformed to be distinguishable as the Program provider and carry identification at all times while operating the Program. The Contractor is to provide qualified site managers. The site managers must have First Aid, CPR and AED Certifications. These certifications are to be provided to the City prior to the start of each season. 3.5.1.16. Ensure that employees of the Contractor are distinctively uniformed so as to be disguisable as the selected Contractor staff and not City employees and ensure that all personnel and volunteers wear identification approved by the City which “must” be in their immediate possession on their person at all times during the operations of the program and must be produced immediately for inspection at the request of City of South Miami personnel. 3.5.1.17. The Contractor shall be primarily responsible for the conduct of the instructors, parents and participants in all Programs under his or her charge. 3.5.1.18. The City may require the removal of the Contractor’s staff from the Program, whom after documented warnings, fail to comply with rules and regulations. 3.5.1.19. Maintain the Site in a safe, clean, sanitary, and workable condition. The Contractor, and all its personnel will dispose all Program related trash (water bottles, wrappers, etc.) prior to the conclusion of each session. 3.5.1.20. 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, shall vacate the premises, including the parking lots, after the ending of the Park’s operating hour each day. 3.5.1.21. Maintain a qualified, full-time on-site manager or designee who shall be available during normal business hours and be on call, at all times, for emergencies or other matters related to the Site and the Program. 3.5.1.22. Secure all necessary permits and comply with applicable Miami-Dade County and City of South Miami laws and regulatory requirements. 3.5.1.23. Comply with Thor Guard Lightning Prediction System at the Park. 25 of 70 44 3.5.1.24. Obtain and furnish to the City proof of compliance with Level II Background Screening and fingerprinting requirements for all management, employee, and volunteer personnel in accordance with Chapter 435, Florida Statutes. 3.5.1.25. Cover all costs and/or expenses associated with the Program, including but not limited to equipment, marketing tools, certifications, etc. Provider will also assume the cost of any damages to City property sustained as a result of the Program. 3.5.1.26. Ensure that all employees operating the Program possess all relevant and required educational experience, licenses, permits, and certifications. 3.5.1.27. Not sublease, sublet, transfer any or all of the park property or Programming during the term of this agreement. 3.5.1.28. Manage the removal and suspension of any staff member, volunteer, guests, player/participant, referee, or other persons who engages in a physical altercation or such other inappropriate act. 3.5.1.29. Recommend for approval by the Parks, Recreation, and Culture Department any new or revised program fees. Program fees shall be practical, affordable and consistent with municipal industry standards; and 3.5.1.30. Maintain a maximum class participant to instructor ratio of 6:1 for swim lessons. 3.5.1.31. Provide participation awards or certificates to swimmers. 3.5.1.32. Share pool space with City of South Miami Aquatic Fitness classes, lifeguard training classes, and other aquatic special programs up to three days a week. 3.5.2. City’s Responsibilities The City shall: 3.5.2.1. Furnish existing City owned storage facilities at the Aquatic Center for the purposes of accommodating Contractor’s operations. 3.5.2.2. Maintain the Aquatic Center in operational order, including water chemistry, pool cleanliness, lifeguard room, locker rooms, pool deck, lane lines, pump room, tables, benches, and chairs as well as storage facilities, and lighting, provided the work is not required due to a breach of Contractor’s duties. 3.6. BACKGROUND SCREENING All selected Contractor’s personnel and volunteers who provide any service at Murray Park Aquatic Center or related activities must be in compliance with the new law requiring Athletic Coaches Fingerprinting (Florida Statute 943.0438) and/or Level II Background Screening and fingerprinting requirements. See Attachment C, Background Screening, Florida Statutes Chapter 435. END OF SECTION 3 26 of 70 45 SECTION 4 PROPOSAL FORM PACKAGE As provided in the RFP, the following items must be attached to this Proposal: FORMS STATUS Form 1 – Proposal Form Package Acknowledgement ❑ Form 2A. Proposer’s Certification (if Company or Corporation) ❑ Form 2B. Proposer’s Certification (if Partnership) ❑ Form 3. Single Execution Affidavits ❑ Form 4. Dispute Disclosure ❑ Form 5. Certification Regarding Debarment, Suspension, & Other Responsibility Matters Primary Covered Transactions ❑ Form 6. Proposer’s Qualifications Survey ❑ Form 7. Price Proposal Form ❑ Form 8. Reference List ❑ Form 9. Key Staff & Proposed Subcontractors ❑ ATTACHMENTS This competitive solicitation incorporates the following attachments, which should be reviewed thoroughly and, if applicable, completed prior to submitting a response to this competitive solicitation. The City is attaching the following Attachments: Attachment A. Sample of Professional Services Agreement Attachment B. Declaration/Affidavit of Representation Attachment C. Background Screening, Florida Statutes Chapter 435. 27 of 70 46 FORM 1 PROPOSAL FORM PACKAGE ACKNOWLEDGEMENTS I hereby propose to furnish the goods and services specified in the Request for Proposals, RFP No. PR2024-18. I agree that my Proposal will remain firm for a period of 180 days after opened by the City in order to allow the City adequate time to evaluate the Proposal. I certify that all information contained in this Proposal is truthful to the best of my knowledge and belief. I further certify that I am duly authorized to submit this Proposal on behalf of the Firm named as the Proposing Firm and that said Firm is ready, willing, and able to perform if awarded the Agreement. I further certify, under oath, that this Proposal is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation submitting a Proposal; no officer, employee or agent of the City of South Miami or any other Proposer has an interest in said Proposal. Furthermore, I certify that the undersigned executed this Proposal Form with full knowledge and understanding of matters therein contained and was duly authorized. I further certify that the Proposer acknowledges receipt of all Addenda issued by the City in connection with the RFP (Check the box next to each addendum received). ______ Addendum 1 Addendum 6 ______ Addendum 2 Addendum 7 ______ Addendum 3 Addendum 8 ______ Addendum 4 Addendum 9 _______ Addendum 5 Addendum 10 Attached hereto are the following forms/documents which form a part of this Proposal: Form 1. Proposal Form Package Acknowledgement. Form 2A. Proposer’s Certification (if Company or Corporation) Form 2B. Proposer’s Certification (if Partnership) Form 3. Single Execution Affidavits Form 4. Dispute Disclosure Form 5. Certification Regarding Debarment, Suspension, & Other Responsibility Matters Primary Covered Transactions Form 6. Proposer’s Qualifications Survey Form 7. Price Proposal Form Form 8. Reference List Form 9. Key Staff & Proposed Subcontractors 28 of 70 47 FORM 1 PROPOSAL FORM PACKAGE ACKNOWLEDGEMENTS (CONTINUED) ___________________________________________ NAME OF PROPOSER FIRM ____________________________________________ SIGNATURE OF PROPOSER ____________________________________________ NAME & TITLE, TYPED OR PRINTED MAILING ADDRESS ____________________________________________ ____________________________________________ (____) ______________________________________ TELEPHONE NUMBER State of Florida County of The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of , 20 , by (name of person) as (type of authority) for (name of party on behalf of whom instrument is executed). Notary Public (Print, Stamp, or Type as Commissioned) Personally known to me; or Produced identification (Type of Identification: ) Did take an oath; or Did not take an oath 29 of 70 48 FORM 2A PROPOSER’S CERTIFICATION (if Company or Corporation) CERTIFICATE STATE OF _____________ ) ) SS COUNTY OF ___________ ) I HEREBY CERTIFY that a meeting of the Board of Directors of ___________________________________________________________________ a corporation or company existing under the laws of the State of _________________________, held on ______________________, 2024, the following resolution was duly passed and adopted: RESOLVED, that, as _____________of the Corporation/Company, be and is hereby authorized to execute the Proposal dated, __________, 2024 to the City of South Miami for RFP No. PR2024-18 YOUTH AND ADULT SWIM LESSON AND AQUATIC FITNESS PROGRAM MANAGEMENT, and that this execution thereof, attested by the Secretary of the Corporation/Company, and with the Corporate/Company Seal affixed, shall be the official act and deed of this Corporation/Company. I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of corporation/company on this the _____________ of ___________, 2024. _______________________ Secretary (SEAL) 30 of 70 49 FORM 2B PROPOSER’S CERTIFICATION (if Partnership) CERTIFICATE STATE OF ____________ ) ) SS COUNTY OF __________ ) I HEREBY CERTIFY that a meeting of the Partners of ____________________ _____________________________________________________________________, a partnership existing under the laws of the State of _________________________, held on ____________________, 2024, the following resolution was duly passed and adopted: “RESOLVED, that _____________________________________________, as_____________________________________________________________of the Partnership, be and is hereby authorized to execute the Proposal dated ______________, 2024, to the City of South Miami for RFP No. PR2024-18 YOUTH AND ADULT SWIM LESSON AND AQUATIC FITNESS PROGRAM MANAGEMENT Services from this partnership and that his execution of thereof, attested by the shall be the official act and deed of this Partnership.” I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this _____, day of ________, 2024. _______________________ Secretary (SEAL) 31 of 70 50 FORM 3 SINGLE EXECUTION AFFIDAVITS THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. THIS FORM COMBINES SEVERAL AFFIDAVIT STATEMENTS TO BE SWORN TO BY THE PROPOSER OR PROPOSER AND NOTARIZED BELOW. IN THE EVENT THE PROPOSER OR PROPOSER CANNOT SWEAR TO ANY OF THESE AFFIDAVIT STATEMENTS, THE PROPOSER OR PROPOSER IS DEEMED TO BE NON- RESPONSIBLE AND IS NOT ELIGIBLE TO SUBMIT A PROPOSAL/PROPOSAL. THESE SINGLE EXECUTION AFFIDAVITS ARE SUBMITTED TO THE CITY OF SOUTH MIAMI AND ARE STATEMENTS MADE: By: For (Name of Proposing or Bidding Entity): Whose business address is: And (if applicable) its Federal Employer Identification Number (FEIN) is: (if the entity does not have an FEIN, include the Social Security Number of the individual signing this sworn statement. SS#: ) Americans with Disabilities Act Compliance Affidavit The above named firm, corporation or organization is in compliance with and agrees to continue to comply with, and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction. • The American with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat 327, 42 USC 1210112213 and 47 USC Sections 225 and 661 including Title I, Employment; Title II, Public Services; Title III, Public Accommodations and Services Operated by Private entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions. • The Florida Americans with Disabilities Accessibility Implementation Act of 1993, Section 553.501-553.513, Florida Statutes: • The Rehabilitation Act of 1973, 229 USC Section 794; • The Federal Transit Act, as amended 49 USC Section 1612; • The Fair Housing Act as amended 42 USC Section 3601-3631. Proposer Initials 32 of 70 51 Public Entity Crimes Affidavit I understand that a “public entity crime” as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including but not limited to, any Proposal or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentations. I understand that “convicted” or “conviction” as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. I understand that an “affiliate” as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term “affiliate” includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm’s length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be co nsidered an affiliate. I 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 or of the United States with the legal power to enter into a binding contract and which proposals or applies to 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, and partners, shareholders, employees, members, and agents who are active in management of an entity. Based on information and belief, the statement, which I have marked below, is true in relations to the entity submitting this sworn statement. (INDICATE WHICH STATEMENT APPLIES.) Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with ad convicted of a public entity crime subsequent to July 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 33 of 70 52 management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 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 affiliate of the entity has been charged with and convicted of a public entity crime subsequent to 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 Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list (attach a copy of the final order). I understand that the submission of this form to the contracting officer for the public entity identified in paragraph 1 above is for that public entity only and that this form is valid through December 31 of the calendar year in which it is filed. I also understand that I am required to inform the public entity prior to entering into a contract in excess of the threshold amount provided in Section 287.017, Florida Statutes for category two of any change in the information contained in this form. Proposer Initials No Conflict of Interest or Contingent Fee Affidavit Proposer warrants that neither it nor any principal, employee, agent, representative nor family member has paid or will pay any fee or consideration that is contingent on the award or execution of a contract arising out of this solicitation. Proposer also warrants that neither it nor any principal, employee, agent, representative nor family member has procured or attempted to procure this contract in violation of any of the provisions of the Miami-Dade County and City of South Miami conflict of interest or code of ethics ordinances. Further, Proposer acknowledges that any violation of these warrants will result in the termination of the contract and forfeiture of funds paid or to be paid to the Proposer should the Proposer be selected for the performance of this contract. Proposer Initials Business Entity Affidavit Proposer hereby recognizes and certifies that no elected official, board member, or employee of the City of South Miami (the " City”) shall have a financial interest directly or indirectly in this transaction or any compensation to be paid under or through this transaction, and further, that no City employee, nor any elected or appointed officer (including City board members) of the City, nor any spouse, parent or child of such employee or elected or appointed officer of the City, may be a partner, officer, director or proprietor of Proposer or Vendor, and further, that no such City employee or elected or appointed officer, or the spouse, parent or child of any of them, alone or in combination, may have a material interest in the Vendor or Proposer. Material interest means direct or indirect ownership of more than 5% of the total assets or capital stock of the Proposer. Any exception to these above described restrictions must be expressly provided by applicable law or ordinance and be confirmed in writing by City. Further, Proposer recognizes that with respect to this transaction or Proposal, if any Proposer violates or is a party to a violation of the ethics 34 of 70 53 ordinances or rules of the City, the provisions of Miami-Dade County Code Section 2-11.1, as applicable to City, or the provisions of Chapter 112, part III, Fla. Stat., the Code of Ethics for Public Officers and Employees, such Proposer may be disqualified from furnishing the goods or services for which the Proposal or Proposal is submitted and may be further disqualified from submitting any future proposals or Proposal for goods or services to City. Proposer Initials Anti-Collusion Affidavit 1. Proposer/Proposer has personal knowledge of the matters set forth in its Proposal/Proposal and is fully informed respecting the preparation and contents of the attached Proposal/Proposal and all pertinent circumstances respecting the Proposal/Proposal; 2. The Proposal/Proposal is genuine and is not a collusive or sham Proposal/Proposal; and 3. Neither the Proposer/Proposer nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including Affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly with any other Proposer/Proposer, firm, or person to submit a collusive or sham Proposal/Proposal, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Proposer/Proposer, firm, or person to fix the price or prices in the attached Proposal/Proposal or of any other Proposer/Proposer, or to fix any overhead, profit, or cost element of the Proposal/Proposal price or the Proposal/Proposal price of any other Proposer/Proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City or any person interested in the proposed Contract. __________ Proposer Initials Scrutinized Company Certification 1. Proposer certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. Pursuant to Section 287.135, F.S., the City may immediately terminate the Agreement that may result from this RFP at its sole option if the Proposer or its subcontractors are found to have submitted a false certification; or if the Proposer, or its subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. 2. If the Agreement that may result from this RFP is for more than one million dollars, the Proposer certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. pursuant to Section 287.135, F.S., the City may immediately terminate the Agreement that may result from this RFP at its sole option if the Proposer, its affiliates, or its subcontractors are found to have submitted a false certification; or if the Proposer, its affiliates, or its subcontractors are placed on the Scrutinized Companies with Activities in Sudan List, or 35 of 70 54 Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. 3. The Proposer agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under the Agreement that may result from this RFP. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize the above-stated contracting prohibitions then they shall become inoperative. Proposer Initials Drug-Free Workplace Affidavit Proposer hereby recognizes that, pursuant to F.S. § 287.087, preference shall be given to businesses with drug-free workplace programs when two proposals/Proposal are equal with respect to price, quality, and service. Proposer understands that in order to qualify as a drug-free workplace, Proposer must: a) 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. b) Inform employees about the dangers of drug abuse in the workplace, the Proposer’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. 1) Give each employee engaged in providing commodities or contractual services under the RFP a copy of the statement specified in subsection (1). 2) Notify employees that, as a condition of working on the commodities or contractual services under the RFP, the employee must abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 3) 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. 4) Make a good faith effort to continue to maintain a drug-free workplace through the implementation of this section. Based on information and belief, the statement, which I have marked below, is true in relations to the entity submitting this sworn statement. (INDICATE WHICH STATEMENT APPLIES.) The entity submitting this sworn statement is a drug-free workplace and is in full 36 of 70 55 compliance with the requirements set forth under F.S. § 287.087. The entity submitting this sworn statement is not a drug-free workplace. Proposer Initials City Non-Discrimination Requirements Affidavit Proposer understands that pursuant to Section 3-1.1 of the Code of the City of South Miami, the City will not enter into or award a contract to an entity engaged in a boycott. Proposer understands that “Boycott” as defined under Section 3 -1.1 of the Code of the City of South Miami means to blacklist, divest from, or otherwise refuse to deal with a nation or country, or to blacklist or otherwise refuse to deal with a person or entity when the action is based on race, color, national origin, religion, sex, gender identity, sexual orientation, marital or familial status, age, or disability in a discriminatory manner. The term boycott does not include a decision based upon business or economic reasons, or boycotts, embargoes, trade restrictions, or divestments that are specifically authorized or required by federal law or state law. Proposer certifies that it is not engaged in a boycott, and is in full compliance with Section 3 -1.1 of the Code of the City of South Miami. Proposer Initials Acknowledgment, Warranty, and Acceptance 1. Contractor warrants that it is willing and able to comply with all applicable state of Florida laws, rules and regulations. 2. Contractor warrants that it has read, understands, and is willing to comply with all requirements of RFP No. CSM2024-05 and any addendum/addenda related thereto. 3. Contractor warrants that it will not delegate or subcontract its responsibilities under an agreement without the prior written permission of the City Commission or City Manager, as applicable. 4. Contractor warrants that all information provided by it in connection with this Proposal is true and accurate. Proposer Initials [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK. SIGNATURE PAGE FOLLOWS.] 37 of 70 56 In the presence of: Signed, sealed and delivered by: Witness #1 Print Name: Print Name: Title: Witness #2 Print Name: ACKNOWLEDGMENT State of Florida County of The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of , 20 , by (name of person) as (type of authority) for (name of party on behalf of whom instrument is executed). Notary Public (Print, Stamp, or Type as Commissioned) Personally known to me; or Produced identification (Type of Identification: ) Did take an oath; or Did not take an oath 38 of 70 57 FORM 4 DISPUTE DISCLOSURE Answer the following questions by placing an “X” after “Yes” or “No”. If you answer “Yes”, please explain in the space provided, or on a separate sheet attached to this form. 1. Has your firm or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulations or any other regulatory agency or professional associations within the last five (5) years? YES __________ NO __________ 2. Has your firm, or any member of your firm, been declared in default, terminated or removed from a contract or job related to the services your firm provides in the regular course of business within the last five (5) years? YES __________ NO __________ 3. Has your firm had against it or filed any requests for equitable adjustment, contract claims, Proposal protests, or litigation in the past five (5) years that is related to the services your firm provides in the regular course of business? YES __________ NO __________ If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state a brief description of the case, the outcome or status of the suit and the monetary amounts of extended contract time involved. I hereby certify that all statements made are true and agree and understand that any misstatement or misrepresentation of falsification of facts shall be cause for forfeiture of rights for further consideration of this Proposal or Proposal for the City of South Miami. ACKNOWLEDGMENT State of Florida County of The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this day of , 20 , by (name of person) as (type of authority) for (name of party on behalf of whom instrument is executed). Notary Public (Print, Stamp, or Type as Commissioned) Personally known to me; or Produced identification (Type of Identification: ) Did take an oath; or Did not take an oath 39 of 70 58 FORM 5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS PRIMARY COVERED TRANSACTIONS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 13 CFR Part 145. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). Copies of the regulations are available from local offices of the U.S. Small Business Administration. (1) The prospective primary participant certifies to the best of its knowledge and belief that it and its principals: (a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective primary participant shall attach an explanation to this Statement of Qualifications. Business Name_________________________________________________________ Date_________________________ By: Signature of Authorized Representative Name and Title of Authorized Representative 40 of 70 59 FORM 6 PROPOSER’S QUALIFICATIONS SURVEY COMPANY QUALIFICATIONS QUESTIONNAIRE Please complete this Company Qualifications Questionnaire. By completing this form and submitting a response to the RFP, you certify that any and all information contained in the Proposal is true, that your response to the RFP is made without prior understanding, agreement, or connections with any corporation, firm or person submitting a response to the RFP for the same materials, supplies, equipment, or services, is in all respects fair and without collusion or fraud, that you agree to abide by all terms and conditions of the RFP, and certify that you are authorized to sign for the Proposer’s firm. Some responses may require the inclusion of separate attachments. Separate attachments should be as concise as possible, while including the requested information. In no event should the total page count of all attachments to this Form exceed five (5) pages. Some information may not be applicable; in such instances, please insert “N/A”. Firm Name Principal Business Address Telephone Number Facsimile Number Email Address Federal I.D. No. or Social Security Number Municipal Business Tax/Occupational License No. FIRM HISTORY AND INFORMATION How many years has the firm has been in business under its current name and ownership? Please identify the Firm’s document number with the Florida Division of Corporations and date the Firm registered/filed to conduct business in the State of Florida: Document Number Date Filed Please identify the Firm’s category with the Florida Department of Business Professional Regulation (DBPR), DBPR license number, and date licensed by DBPR: Category License No. Date Licensed 41 of 70 60 Please indicate the type of entity form of the Firm (if other, please describe): □ Individual □ Partnership □ Corporation □ LLC □ LLP □ Other Please identify the Firm’s primary business: Please identify the number of continuous years your Firm has performed its primary business: Please list all professional licenses and certifications held by the Firm, its Qualifier/Principal, and any Key Staff, including any active certifications of small, minority, or disadvantaged business enterprise, and the name of the entity that issued the license or certification: License/Certification Type Name of Entity Issuing License or Certification License No. License Issuance Date Please identify the name, license number, and issuance date of any prior companies that pertain to your Firm: License/Certification Type Name of Entity Issuing License or Certification License No. License Issuance Date Please identify all individuals authorized to sign for the entity, their title, and the threshold/level of their signing authority: Authorized Signor’s Name Title Signing Authority Threshold (All, Cost up to $X-Amount, No Cost, Other) Please identify the total number of Firm employees, managerial/administrative employees, and identify the total number of trades employees by trade (e.g., 20 electricians, 5 laborers, 2 mechanics, etc.): Total No. of Employees Total No. of Managerial/Administrative Employees Total No. of Trades Employees by Trade INSURANCE INFORMATION Please provide the following information about the Firm’s insurance company: Insurance Carrier Name Insurance Carrier Contact Person 42 of 70 61 Insurance Carrier Address Telephone No. Email Has the Firm filed any insurance claims in the last five (5) years? □ No □ Yes If yes, please identify the type of claim and the amount paid out under the claim: FIRM OWNERSHIP Please identify all Firm owners or partners, their title, and percent of ownership: Owner/Partner Name Title Ownership (%) Please identify whether any of the owners/partners identified above are owners/partners in another entity: □ No □ Yes If yes, please identify the name of the owner/partner, the other entity’s name, and percent of ownership held by the stated owner/partner: Owner/Partner Name Other Entity Name Ownership (%) RECENT CONTRACTS Please identify the five (5) most recent contracts in which your Firm has provided services to other public entities: Public Entity Name Contact Person Telephone No. Email Address Date Awarded By signing below, Proposer certifies that the information contained herein is complete and accurate to the best of Proposer’s knowledge. Firm: Authorized Signature: Date: Print or Type Name: Title: 43 of 70 62 FORM 7 PRICE PROPOSAL Proposer’s Price Proposal includes three components: (1) the Facility Contribution to the City to offset the cost of the facilities; (2) registration fees to be charged to participants receiving the Services under the City’s Youth and Adult Swim Lesson and Aquatic Fitness Program (the “Program”) at the Murray Park Aquatic Center (“Park”); and (3) the proposed base number of scholarships to be offered to City residents on a need-basis as part of the Services. A. Annual Facility Contribution to the City. The Proposer must be willing and able to fund the cost of facilities (including park infrastructure, maintenance, staffing, and park capital investment) used for the City’s Program at the Park. YEAR PROPOSED FACILITY CONTRIBUTION* YEAR 1 $ YEAR 2 $ YEAR 3 $ OPTION YEAR 4 $ OPTION YEAR 5 $ TOTAL FIVE YEARS $ *THE PROGRAM PROVIDER’S PROPOSED FACILITY CONTRIBUTION FEE SHALL NOT BE LOWER THAN $10,000 FOR YEARS 1 -3 AND SHALL NOT BBE LOWER THAN $11,300 PER YEAR FOR YEARS 4 - 5. B. Proposed Registration Fee Structure. Proposer’s registration fee structure is the sole compensation from the City to the Proposer for the providing the Program, and shall include the Proposer’s profit margin and cover all overhead costs, including, without limitation, the cost of all labor, equipment, kits, marketing tools, licenses, certifications, supervision, maintenance, coaches, fuel, delivery costs, travel time, per diem expenses, and any other miscellaneous expenses. The rates specified below shall be in effect for Year 1. A written proposal amending the rates below must be submitted to the City Manager or designee for review and approval at least sixty (60) days prior to the commencement of the Program in future years. No fees other than those shown below will be charged to participants. Program Description Base Rate Registration Fee Non-Resident Base Rate Registration Fee City Resident (20% Reduction) Group Swim Lessons (M-F) $ $ Private Swim Lessons (M-F) $ $ Group Swim Lessons (Sat.) $ $ 44 of 70 63 Private Swim Lessons (Sat.) $ $ Aquatic Fitness (M/W/F/Sat.) $ $ Aquatic Fitness (Tu./Th.) $ $ C. Scholarship Contributions. Each Proposer must offer a base number of scholarships to be provided to City Residents on a need-basis as part of the Services. Program Description Base Number of Scholarships for City Residents* Group Swim Lessons (M-F) Private Swim Lessons (M-F) Group Swim Lessons (Sat.) Private Swim Lessons (Sat.) Aquatic Fitness (M/W/F/Sat.) Aquatic Fitness (Tu./Th.) *THE NUMBER OF SCHOLARSHIPS TO BE PROVIDED BY THE PROPOSER SHALL BE NO LESS THAN 10 SCHOLARSHIPS ANNUALLY. Firm: Authorized Signature: Date: Print or Type Name: Title: 45 of 70 64 FORM 8 REFERENCE LIST IN ADDITION TO THE INFORMATION REQUIRED ON THIS FORM, PROPOSER SHALL PROVIDE A MINIMUM OF THREE REFERENCE LETTERS. REFERENCE #1 Public Entity Name: Reference Contact Person/Title/Department: Contact Number & Email Public Entity Size/Number of Residents/Square Mileage: Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on Size/Scope of Work/Complexity) Is the Contract still Active? Yes No 46 of 70 65 REFERENCE #2 Public Entity Name: Reference Contact Person/Title/Department: Contact Number & Email Public Entity Size/Number of Residents/Square Mileage: Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on Size/Scope of Work/Complexity) Is the Contract still Active? Yes No 47 of 70 66 REFERENCE #3 Public Entity Name: Reference Contact Person/Title/Department: Contact Number & Email Public Entity Size/Number of Residents/Square Mileage: Event(s) Completed (include Name of Project/Event, Date of Event Start/Completion, Details on Size/Scope of Work/Complexity) Is the Contract still Active? Yes No 48 of 70 67 FORM 9 KEY STAFF & PROPOSED SUBCONTRACTORS KEY STAFF Please complete the following chart with the Firm’s proposed Key Staff. If additional space is required, please copy/duplicate this page and attach to this Form. Additional space: □ No □ Yes Name Title Years of Experience Years with Firm Licenses/Certifications Please explain the Firm’s ability and resources to substitute personnel with equal or higher qualifications than the Key Staff they will substitute for where substitute is required due to attrition, turnover, or a specific request by the City: 49 of 70 68 Please identify each Key Staff member’s engagement commitments that will exist concurrently with the City’s Services: Key Staff Name Area of Responsibility Client Commitment (Hours/week) Period of Engagement PROPOSED SUBCONTRACTORS The undersigned Proposer hereby designates, as follows, all major subcontractors whom they propose to utilize for the major areas of work for the services. The bidder is further notified that all subcontractors shall be properly licensed, bondable, and shall be required to furnish the City with a Certificate of Insurance in accordance with the contract general conditions. Failure to furnish this information shall be grounds for rejection of the bidder’s proposal. (If no subcontractors are proposed, state “None” on first line below.) Subcontractor Name & Address Scope of Work License Number Firm: Authorized Signature: Date: Print or Type Name: Title: 50 of 70 69 ATTACHMENT A SAMPLE AGREEMENT PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH MIAMI AND NAME OF ENTITY NOTE: THE CONSULTANT SHOULD BE PREPARED TO EXECUTE THIS SAMPLE AGREEMENT IN SUBSTANTIALLY THE FORM PROVIDED HEREIN UPON NOTICE OF AWARD AND SELECTION. THE TERMS OF THE AGREEMENT MAY ONLY BE NEGOTIATED AT THE CITY MANAGER OR DESIGNEE’S SOLE AND ABSOLUTE DISCRETION. THIS AGREEMENT (this “Agreement”) is made effective as of the day of , 2024 (the “Effective Date”), by and between the CITY OF SOUTH MIAMI, a Florida municipal corporation, (hereinafter the “City”), and NAME OF ENTITY, a Florida [type of entity], (hereinafter, the “Consultant”). WHEREAS, the City requires the provision of operation and management services (the “Services”) for the City’s Youth and Adult Swim Lesson and Aquatic Fitness Program (the “Program”); and WHEREAS, on [ date ], the City issued Request for Proposals No. PR2024- 18 (the “RFP”) for the Services for the Program, which RFP is attached hereto as Exhibit “A”; and WHEREAS, the Consultant submitted a Proposal in response to the RFP, which Proposal is attached hereto as Exhibit “B”; and WHEREAS, on [ date ], the City Commission adopted Resolution No. ___________________, approving the award of this Agreement to the Consultant for the provision of the Services pursuant to the RFP; and WHEREAS, Contractor shall solely be compensated for the provision of the Services for the City’s Program through participant registration fees, as set forth in greater detail in the Price Proposal attached hereto as Exhibit “C”; and WHEREAS, in exchange for revenues generated from providing the Services for the City’s Program, the Contractor shall offset the cost of the City’s Park facilities through a facility contribution fee in accordance with the Price Proposal attached hereto as Exhibit “C”; and WHEREAS, the City desires to engage the Consultant to perform the Services and provide the deliverables as specified below. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the Consultant and the City agree as follows: 51 of 70 70 1. Scope of Services. 1.1. Consultant shall provide the Services set forth in the RFP attached hereto as Exhibit “A” and the Proposal attached hereto as Exhibit “B” and incorporated herein by reference (the “Services”). 1.2. Consultant shall furnish all reports, documents, and information obtained pursuant to this Agreement, and recommendations during the term of this Agreement (hereinafter “Deliverables”) to the City. 2. Term/Commencement Date. 2.1. The term of this Agreement shall be from the Effective Date through three (3) years thereafter, unless earlier terminated in accordance with Paragraph 8. Additionally, the City Manager may renew this Agreement for two (2) additional one-year periods on the same terms as set forth herein upon written notice to the Consultant. 2.2. Consultant agrees that time is of the essence and Consultant shall complete the Services within the term of this Agreement, unless extended by the City Manager. 3. Compensation and Payment. 3.1. Annual Facility Contribution Fee. Contractor shall pay the Annual Facility Contribution Fee to the City in two equal installments by 3:00 p.m. on [DATE] of each year of the Term, and any renewal term, in accordance with the rates provided under Section (A) of the Price Proposal attached hereto as Exhibit “C.” 3.2. Program Registration Fees. Contractor shall be compensated for the provision of the Services for the City’s Program solely from registration fees collected from participants in the City’s Program; no other fees shall be charged to participants. The Contractor shall be solely responsible for collecting any registration fees from Program participants. Beginning [DATE], the Contractor may modify the registration fee rates identified in the Price Proposal attached hereto as Exhibit “C,” subject to the prior review and approval by the City Manager in writing. Any request to modify the registration fee rates identified in the Price Proposal attached hereto as Exhibit “C” must be submitted to the City Manager at least sixty (60) days prior to the commencement of the Program for the year. The Contractor shall provide the scholarships for eligible Program participants as set forth in the Price Proposal attached hereto as Exhibit “C” for the Term, and any renewal term. 3.3. Consultant shall deliver an invoice to City no more often than twice per year detailing Services completed and the amount due to Consultant under this Agreement. Fees shall be paid in arrears each month, pursuant to Consultant’s invoice, which shall be based upon the percentage of work completed for each task invoiced. The City shall pay the Consultant in accordance with the Florida Prompt Payment Act after approval and acceptance of the Services by the City Manager. 52 of 70 71 4. Subconsultants. 4.1. The Consultant shall be responsible for all payments to any subconsultants and shall maintain responsibility for all work related to the Services. 4.2. Consultant may only utilize the services of a particular subconsultant with the prior written approval of the City Manager, which approval may be granted or withheld in the City Manager’s sole and absolute discretion. 5. City’s Responsibilities. 5.1. City shall make available any maps, plans, existing studies, reports, staff and representatives, and other data pertinent to the Services and in possession of the City, and provide criteria requested by Consultant to assist Consultant in performing the Services. 5.2. Upon Consultant’s request, City shall reasonably cooperate in arranging access to public information that may be required for Consultant to perform the Services. 6. Consultant’s Responsibilities; Representations and Warranties. 6.1. The Consultant shall exercise the same degree of care, skill and diligence in the performance of the Services as is ordinarily provided by a consultant under similar circumstances. If at any time during the term of this Agreement or within two (2) years from the completion of this Agreement, it is determined that the Consultant’s Deliverables or Services are incorrect, not properly rendered, defective, or fail to conform to City requests, the Consultant shall at Consultant’s sole expense, immediately correct its Deliverables or Services. 6.2. The Consultant hereby warrants and represents that at all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under Federal, State and local laws applicable to and necessary to perform the Services for City as an independent contractor of the City. Consultant further warrants and represents that it has the required knowledge, expertise, and experience to perform the Services and carry out its obligations under this Agreement in a professional and first class manner. 6.3. The Consultant represents that is an entity validly existing and in good standing under the laws of Florida. The execution, delivery and performance of this Agreement by Consultant have been duly authorized, and this Agreement is binding on Consultant and enforceable against Consultant in accordance with its terms. No consent of any other person or entity to such execution, delivery and performance is required. 7. Conflict of Interest. 7.1. To avoid any conflict of interest or any appearance thereof, Consultant shall not, for the term of this Agreement, provide any consulting services to any private sector entities (developers, corporations, real estate investors, etc.), with any current, or foreseeable, adversarial issues in the City. 53 of 70 72 8. Termination. 8.1. The City Manager, without cause, may terminate this Agreement upon thirty (30) calendar days written notice to the Consultant, or immediately with cause. 8.2. Upon receipt of the City's written notice of termination, Consultant shall immediately stop work on the project unless directed otherwise by the City Manager. 8.3. In the event of termination by the City, the Consultant shall be paid for all work accepted by the City Manager up to the date of termination, provided that the Consultant has first complied with the provisions of Paragraph 8.4. 8.4. The Consultant shall transfer all books, records, reports, working drafts, documents, maps, and data pertaining to the Services and the project to the City, in a hard copy and electronic format within fourteen (14) days from the date of the written notice of termination or the date of expiration of this Agreement. 9. Insurance. 9.1. Consultant shall secure and maintain throughout the duration of this agreement insurance of such types and in such amounts not less than those specified below as satisfactory to City, naming the City as an Additional Insured, underwritten by a firm rated A-X or better by A.M. Best and qualified to do business in the State of Florida. The insurance coverage shall be primary insurance with respect to the City, its officials, employees, agents, and volunteers naming the City as additional insured. Any insurance maintained by the City shall be in excess of the Consultant’s insurance and shall not contribute to the Consultant’s insurance. The insurance coverages shall include at a minimum the amounts set forth in this section and may be increased by the City as it deems necessary or prudent. 9.1.1. Commercial General Liability coverage with limits of liability of not less than a $1,000,000 per Occurrence combined single limit for Bodily Injury and Property Damage. This Liability Insurance shall also include Completed Operations and Product Liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Consultant. The General Aggregate Liability limit and the Products/Completed Operations Liability Aggregate limit shall be in the amount of $2,000,000 each. 9.1.2. Workers Compensation and Employer’s Liability insurance, to apply for all employees for statutory limits as required by applicable State and Federal laws. The policy(ies) must include Employer’s Liability with minimum limits of $1,000,000.00 each accident. No employee, subcontractor or agent of the Consultant shall be allowed to provide Services pursuant to this Agreement who is not covered by Worker’s Compensation insurance. 9.1.3. Business Automobile Liability with minimum limits of $1,000,000 per occurrence, combined single limit for Bodily Injury and Property Damage. Coverage must be afforded on a form no more restrictive than the latest edition of the Business 54 of 70 73 Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Service Office, and must include Owned, Hired, and Non-Owned Vehicles. 9.1.4. Professional Liability Insurance in an amount of not less than One Million Dollars ($1,000,000.00) per occurrence, single limit. 9.2. Certificate of Insurance. Certificates of Insurance shall be provided to the City, reflecting the City as an Additional Insured (except with respect to Professional Liability Insurance and Worker’s Compensation Insurance), no later than ten (10) days after award of this Agreement and prior to the execution of this Agreement by City and prior to commencing Services. Each certificate shall include no less than (30) thirty-day advance written notice to City prior to cancellation, termination, or material alteration of said policies or insurance. The Consultant shall be responsible for assuring that the insurance certificates required by this Section remain in full force and effect for the duration of this Agreement, including any extensions or renewals that may be granted by the City. The Certificates of Insurance shall not only name the types of policy(ies) provided, but also shall refer specifically to this Agreement and shall state that such insurance is as required by this Agreement. The City reserves the right to inspect and return a certified copy of such policies, upon written request by the City. If a policy is due to expire prior to the completion of the Services, renewal Certificates of Insurance shall be furnished thirty (30) calendar days prior to the date of their policy expiration. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days’ written notice shall be provided to the City before any policy or coverage is cancelled or restricted. Acceptance of the Certificate(s) is subject to approval of the City. 9.3. Additional Insured. Except with respect to Professional Liability Insurance and Worker’s Compensation Insurance, the City is to be specifically included as an Additional Insured for the liability of the City resulting from Services performed by or on behalf of the Consultant in performance of this Agreement. The Consultant’s insurance, including that applicable to the City as an Additional Insured, shall apply on a primary basis and any other insurance maintained by the City shall be in excess of and shall not contribute to the Consultant’s insurance. The Consultant’s insurance shall contain a severability of interest provision providing that, except with respect to the total limits of liability, the insurance shall apply to each Insured or Additional Insured (for applicable policies) in the same manner as if separate policies had been issued to each. 9.4. Deductibles. All deductibles or self-insured retentions must be declared to and be reasonably approved by the City. The Consultant shall be responsible for the payment of any deductible or self-insured retentions in the event of any claim. 9.5. The provisions of this section shall survive termination of this Agreement. 10. Nondiscrimination. During the term of this Agreement, Consultant shall not discriminate against any of its employees or applicants for employment because of their race, color, religion, sex, or national origin, and to abide by all Federal and State laws regarding nondiscrimination. 11. Attorneys Fees and Waiver of Jury Trial. 55 of 70 74 11.1. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover its attorneys’ fees and costs, including the fees and expenses of any paralegals, law clerks and legal assistants, and including fees and expenses charged for representation at both the trial and all appellate levels. 11.2. IN THE EVENT OF ANY LITIGATION ARISING OUT OF THIS AGREEMENT, EACH PARTY HEREBY KNOWINGLY, IRREVOCABLY, VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO TRIAL BY JURY. 12. Indemnification. 12.1. Consultant shall indemnify and hold harmless the City, its officers, agents and employees, from and against any and all demands, claims, losses, suits, liabilities, causes of action, judgment or damages, arising from Consultant’s performance or non- performance of any provision of this Agreement, including, but not limited to, liabilities arising from contracts between the Consultant and third parties made pursuant to this Agreement. Consultant shall reimburse the City for all its expenses including reasonable attorneys’ fees and costs incurred in and about the defense of any such claim or investigation and for any judgment or damages arising from Consultant’s performance or non-performance of this Agreement. 12.2. Nothing herein is intended to serve as a waiver of sovereign immunity by the City nor shall anything included herein be construed as consent to be sued by third parties in any matter arising out of this Agreement or any other contract. The City is subject to section 768.28, Florida Statutes, as may be amended from time to time. 12.3. The provisions of this section shall survive termination of this Agreement. 13. Notices/Authorized Representatives. Any notices required by this Agreement shall be in writing and shall be deemed to have been properly given if transmitted by hand-delivery, by registered or certified mail with postage prepaid return receipt requested, or by a private postal service, addressed to the parties (or their successors) at the addresses listed on the signature page of this Agreement or such other address as the party may have designated by proper notice. 14. Governing Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of Florida. Venue for any proceedings arising out of this Agreement shall be proper exclusively in Miami-Dade County, Florida. 15. Entire Agreement/Modification/Amendment. 15.1. This writing contains the entire Agreement of the parties and supersedes any prior oral or written representations. No representations were made or relied upon by either party, other than those that are expressly set forth herein. 56 of 70 75 15.2. No agent, employee, or other representative of either party is empowered to modify or amend the terms of this Agreement, unless executed with the same formality as this document. 16. Ownership and Access to Records and Audits. 16.1. Consultant acknowledges that all inventions, innovations, improvements, developments, methods, designs, analyses, drawings, reports, compiled information, and all similar or related information (whether patentable or not) which relate to Services to the City which are conceived, developed or made by Consultant during the term of this Agreement (“Services Product”) belong to the City. Consultant shall promptly disclose such Services Product to the City and perform all actions reasonably requested by the City (whether during or after the term of this Agreement) to establish and confirm such ownership (including, without limitation, assignments, powers of attorney and other instruments). 16.2. Consultant agrees to keep and maintain public records in Consultant’s possession or control in connection with Consultant’s performance under this Agreement. The City Manager or her designee shall, during the term of this Agreement and for a period of three (3) years from the date of termination of this Agreement, have access to and the right to examine and audit any records of the Consultant involving transactions related to this Agreement. Consultant additionally agrees to comply specifically with the provisions of Section 119.0701, Florida Statutes. Consultant shall 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 Agreement, and following completion of the Agreement until the records are transferred to the City. 16.3. Upon request from the City’s custodian of public records, Consultant shall provide the City 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 by Chapter 119, Florida Statutes, or as otherwise provided by law. 16.4. Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of the City. 16.5. Upon completion of this Agreement or in the event of termination by either party, any and all public records relating to the Agreement in the possession of the Consultant shall be delivered by the Consultant to the City Manager, at no cost to the City, wit hin seven (7) days. All such records stored electronically by Consultant shall be delivered to the City in a format that is compatible with the City’s information technology systems. Once the public records have been delivered upon completion or terminat ion of this Agreement, the Consultant shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. 16.6. Any compensation due to Consultant shall be withheld until all records are received as provided herein. 57 of 70 76 16.7. Consultant’s failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement by the City. 16.8. Notice Pursuant to Section 119.0701(2)(a), Florida Statutes. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS. Custodian of Records: Nkenga “Nikki” Payne, CMC, FCRM Mailing address: 6130 Sunset Drive South Miami, FL 33143 Telephone number: 305-663-6340 Email: NPayne@southmiamifl.gov 17. Nonassignability. This Agreement shall not be assignable by Consultant unless such assignment is first approved by the City Manager. The City is relying upon the apparent qualifications and expertise of the Consultant, and such firm’s familiarity with the City’s area, circumstances and desires. 18. Severability. If any term or provision of this Agreement shall to any extent be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each remaining term and provision of this Agreement shall be valid and be enforceable to the fullest extent permitted by law. 19. Independent Consultant. The Consultant and its employees, volunteers and agents shall be and remain an independent contractor and not an agent or employee of the City with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking, enterprise or venture between the parties. 20. Compliance with Laws. The Consultant shall comply with all applicable laws, ordinances, rules, regulations, and lawful orders of public authorities in carrying out Services under this Agreement, and in particular shall obtain all required permits from all jurisdictional agencie s to perform the Services under this Agreement at its own expense. 20.1. City Rules, Regulations, and Policies. The Consultant shall abide by all rules, regulations, and policies of the City and its Parks and Recreation Department (the “Park Policies”) relating to the operation and use of the City’s parks and recreational facilities. Unless the Park Policies are less stringent, the City’s Park Policies shall supersede and take precedence over the Contractor’s Code of Conduct Policy and any other code of conduct or ethics standards in the event of any conflict. 20.2. Release of Liability, Hold Harmless & Indemnification Agreement, & Photo Release. Contractor shall require its employees and all participants of the Program to 58 of 70 77 execute a copy of the City’s Release of Liability, Hold Harmless & Indemnification Agreement, & Photo Release form, attached hereto as Exhibit “D.” 21. Waiver. The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of this Agreement shall not be construed as a waiver of the violation or breach, or of any future violation, breach or wrongful conduct. 22. Survival of Provisions. Any terms or conditions of either this Agreement that require acts beyond the date of the term of the Agreement, shall survive termination of the Agreement, shall remain in full force and effect unless and until the terms or conditions are completed and shall be fully enforceable by either party. 23. Prohibition of Contingency Fees. The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. 24. State Required Affidavits. By entering into this Agreement, the Consultant agrees to review and comply with the following state affidavit requirements: 24.1. Public Entity Crimes Affidavit. Consultant shall comply with Section 287.133, Florida Statutes (Public Entity Crimes Statute), notification of which is hereby incorporated herein by reference, including execution of any required affidavit. 24.2. Scrutinized Companies. Consultant certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to section 287.135, Florida Statues, the City may immediately terminate this Agreement at its sole option if the Consultant is found to have submitted a false certification; or if the Consultant is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. If this Agreement is for more than one million dollars, the Consultant certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Terrorism Sectors List, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, Florida Statutes. Pursuant to Section 287.135, Florida Statutes, the City may immediately terminate this Agreement at its sole option if the Consultant is found to have submitted a false certification; or if the Consultant is placed on the Scrutinized Companies with Activities in Sudan List, Scrutinized Companies with Activities in the Iran Terrorism Sectors List, Scrutinized Companies with Activities in Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. 24.3. E-Verify Affidavit. In accordance with Section 448.095, Florida Statutes, the City requires all contractors doing business with the City to register with and use the E-Verify system to verify the work authorization status of all newly hired employees. The City will 59 of 70 78 not enter into a contract unless each party to the contract registers with and uses the E- Verify system. The contracting entity must provide of its proof of enrollment in E-Verify. For instructions on how to provide proof of the contracting entity’s participation/enrollment in E-Verify, please visit: https://www.e-verify.gov/faq/how-do- i-provide-proof-of-my-participationenrollment-in-e-verify. By entering into this Agreement, the Consultant acknowledges that it has read Section 448.095, Florida Statutes; will comply with the E-Verify requirements imposed by Section 448.095, Florida Statutes, including but not limited to obtaining E-Verify affidavits from subcontractors; and has executed the required affidavit attached hereto and incorporated herein. 24.4. Noncoercive Conduct Affidavit. Pursuant to Section 787.06, Florida Statutes, a nongovernmental entity executing, renewing, or extending a contract with a governmental entity is required to provide an affidavit, signed by an officer or a representative of the nongovernmental entity under penalty of perjury, attesting that the nongovernmental entity does not use coercion for labor or services as defined in Section 787.06(2)(a), Florida Statutes. By entering into this Agreement, the Consultant acknowledges that it has read Section 787.06, Florida Statutes, and will comply with the requirements therein, and has executed the required affidavit attached hereto and incorporated herein. 24.5. Prohibition on Contracting with Entities of Foreign Concern. Pursuant to Section 287.138, Florida Statutes (which is expressly incorporated herein by reference), a governmental entity may not knowingly enter into a contract with an entity which would give access to an individual’s personal identifying information if (a) the entity is owned by the government of a foreign country of concern; (b) the government of a foreign country of concern has a controlling interest in the entity; or (c) the entity is organized under the laws of or has its principal place of business in a foreign country of concern. By entering into this Agreement, the Consultant acknowledges that it has read Section 287.138, Florida Statutes, and complies with the requirements therein, and has executed the required affidavit attached hereto and incorporated herein. 25. Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original and such counterparts shall constitute one and the same instrument. 26. Conflicts. In the event of a conflict between the terms of this Agreement and any exhibits or attachments hereto, the terms of this Agreement shall control. [Remainder of page intentionally left blank. Signature page and E-Verify Affidavit follows.] 60 of 70 79 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year as first stated above. CITY OF SOUTH MIAMI By: Genaro “Chip” Iglesias City Manager Attest: By: Nkenga “Nikki” Payne, CMC, FCRM City Clerk Approved as to form and legal sufficiency: By: Weiss Serota Helfman Cole & Bierman, P.L. City Attorney Addresses for Notice: Genaro “Chip” Iglesias City of South Miami Attn: City Manager 6130 Sunset Drive South Miami, FL 33143 305-668-2510 (telephone) 305-663-6345 (facsimile) chip@southmiamifl.gov (email) With a copy to: Weiss Serota Helfman Cole & Bierman, P.L. Attn: Lillian Arango, Esq. City of South Miami Attorney 2800 Ponce de Leon Boulevard, Suite 1200 Coral Gables, FL 33134 larango@wsh-law.com (email) CONSULTANT By: Name: Title: Entity: Addresses for Notice: (telephone) (facsimile) (email) With a copy to: (telephone) (facsimile) (email) 61 of 70 80 E-VERIFY AFFIDAVIT In accordance with Section 448.095, Florida Statutes, the City requires all contractors doing business with the City to register with and use the E-Verify system to verify the work authorization status of all newly hired employees. The City will not enter into a contract unless each party to the contract registers with and uses the E-Verify system. The contracting entity must provide of its proof of enrollment in E -Verify. For instructions on how to provide proof of the contracting entity’s participation/enrollment in E -Verify, please visit: https://www.e- verify.gov/faq/how-do-i-provide-proof-of-my-participationenrollment-in-e-verify By signing below, the contracting entity acknowledges that it has read Section 448.095, Florida Statutes and will comply with the E-Verify requirements imposed by it, including but not limited to obtaining E -Verify affidavits from subcontractors. ☐ Check here to confirm proof of enrollment in E-Verify has been attached to this Affidavit. In the presence of: Signed, sealed and delivered by: Witness #1 Print Name: Print Name: Title: Witness #2 Print Name: Entity Name: ACKNOWLEDGMENT State of Florida County of The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, this day of , 20 , by (name of person) as (type of authority) for (name of party on behalf of whom instrument is executed). Notary Public (Print, Stamp, or Type as Commissioned) Personally known to me; or Produced identification (Type of Identification: ) Did take an oath; or Did not take an oath 62 of 70 81 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR SERVICES Effective July 1, 2024, Section 787.06, Florida Statutes, a nongovernmental entity executing, renewing, or extending a contract with a governmental entity is required to provide an affidavit, signed by an officer or a representative of the nongovernmental entity under penalty of perjury, attesting that the nongovernmental entity does not use coercion for labor or services as defined in Section 787.06(2)(a), Florida Statutes. By signing below, I hereby affirm under penalty of perjury that: 1. I have read Section 787.06, Florida Statutes, and understand that this affidavit is provided in compliance with the requirement that, upon execution, renewal, or extension of a contract between a nongovernmental entity and a governmental entity, the nongovernmental entity must attest to the absence of coercion in labor or services. 2. I am an officer or representative of , a nongovernmental entity. 3. does not use coercion for labor or services as defined in the relevant section of the law. In the presence of: Under penalties of perjury, I declare that I have read the foregoing and the facts stated in it are true: Witness #1 Print Name: Print Name: Title: Witness #2 Print Name: Entity Name: OATH OR AFFIRMATION State of Florida County of Sworn to (or affirmed) and subscribed before me by means of ☐ physical presence or ☐ online notarization, this day of , 20 , by (name of person) as (type of authority) for (name of party on behalf of whom instrument is executed). Notary Public (Print, Stamp, or Type as Commissioned) Personally known to me; or Produced identification (Type of Identification: ) Did take an oath; or Did not take an oath 63 of 70 82 AFFIDAVIT REGARDING PROHIBITION ON CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN Pursuant to Section 287.138, Florida Statutes (which is expressly incorporated herein by reference), a governmental entity may not knowingly enter into a contract with an entity which would give access to an individual’s personal identifying information if (a) the entity is owned by ethe government of a foreign country of concern; (b) the government of a foreign country of concern has a controlling interest in the entity; or (c) the entity is organized under the laws of or has its principal place of business in a foreign country of concern. This affidavit must be completed by an officer or representative of an entity submitting a bid, proposal, or reply to, or entering into, renewing, or extending, a contract with a governmental entity which would grant the entity access to an individual’s personal identifying information. 1. (“entity”) does not meet any of the criteria in paragraphs (2)(a)-(c) of Section 287.138, F.S. In the presence of: Under penalties of perjury, I declare that I have read the foregoing and the facts stated in it are true: Witness #1 Print Name: Print Name: Title: Witness #2 Print Name: Entity Name: OATH OR AFFIRMATION State of Florida County of Sworn to (or affirmed) and subscribed before me by means of ☐ physical presence or ☐ online notarization, this day of , 20 , by (name of person) as (type of authority) for (name of party on behalf of whom instrument is executed). Notary Public (Print, Stamp, or Type as Commissioned) Personally known to me; or Produced identification (Type of Identification: ) Did take an oath; or Did not take an oath 64 of 70 83 ATTACHMENT B DECLARATION/AFFIDAVIT OF REPRESENTATION 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 paragrap h 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 undersigned, ________________, makes 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 in connection with Request for Proposals (RFP) No. . 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. NAME TITLE 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. STATE OF FLORIDA ) ) ss: COUNTY OF ________________ ) The foregoing instrument was acknowledged before me by means of  physical presence or  online notarization this day of , 20 , by , on behalf of . She/He  is personally known to me or  has produced as identification. Notary Public Print Name 65 of 70 84 ATTACHMENT C BACKGROUND SCREENING CHAPTER 435, FLORIDA STATUES 66 of 70 85 435.04 Level 2 screening standards.— (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 1, 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 415.111, 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. 67 of 70 86 (e) Section 782.04, relating to murder. (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. (l) 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 790.115(1), relating to exhibiting firearms or weapons within 1,000 feet of a school. (r) Section 790.115(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. (ff) Section 825.1025, relating to lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled adult. 68 of 70 87 (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. (ll) 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 found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, any offense that constitutes domestic violence as defined in s. 741.28, whether such act was committed in this state or in another jurisdiction. History.—s. 47, ch. 95-228; s. 16, ch. 96-268; s. 22, ch. 96-322; 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. 2005-119; s. 111, ch. 2006-120; s. 90, ch. 2006-197; s. 110, ch. 2007-5; s. 3, ch. 2007-112; s. 66, ch. 2009-223; s. 6, ch. 2010-31; s. 38, ch. 2010-114; 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. 69 of 70 88 END OF DOCUMENT 70 of 70 89 1 iSwim Academy, LLC 210 Seaview Dr. #412 Key Biscayne, FL 33149 Nicholas Bevilacqua 305-456-0518 January 28, 2025 Proposal to City of South Miami RFP No. PR2024-18 “Youth and Adult Swim Lesson and Aquatic Fitness Program Management Services” 1 90 2 Table of Contents ● 1.7.1.3 - Letter of Interest Page 4 ● 1.7.2 - Form Package ○ Form 1 Page 6 ○ Form 2A (Form 2B N/A) Page 8 ○ Form 3 Page 10 ○ Form 4 Page 17 ○ Form 5 Page 18 ○ Form 6 Page 19 ○ Form 7 Page 22 ○ Form 8 Page 24 ○ Form 9 Page 30 ● 1.7.3 - Proposer ’s Qualifications ○ 1.7.3.1 - Service and Incorporation Page 32 ○ 1.7.3.2 - Licenses Page 32 ● 1.7.4 - Proof of Experience ○ 1.7.4.1 Page 34 ○ 1.7.4.2 Page 34 ○ 1.7.4.3 Page 34 ● 1.7.5 - Personnel Qualifications / Key Staff ○ 1.7.5.1 Page 35 ■ Key Staff Form 9 Page 30 ■ Resume Page 35 ○ 1.7.5.2 - Organization Chart Page 36 ○ 1.7.5.3 - Personnel plan ■ 1.7.5.3.1 Page 36 ■ 1.7.5.3.2 Page 36 ■ 1.7.5.3.3 Page 37 ■ 1.7.5.3.4 Page 37 ● 1.7.6 - Program Plan ○ 1.7.6.1 Page 37 ○ 1.7.6.2 Page 38 ○ 1.7.6.3 Page 38 ○ 1.7.6.4 Page 44 ○ 1.7.6.5 Page 44 ○ 1.7.6.6 Page 44 ○ 1.7.6.7 Page 44 ○ 1.7.6.8 Page 45 ○ 1.7.6.9 Page 45 2 91 3 ○ 1.7.6.10 Page 45 ○ 1.7.6.11 Page 45 ● 1.7.7 - Price Proposal Page 46 ● 1.7.8 - Safety record ○ 1.7.8.1 Page 46 ○ 1.7.8.2 Page 46 ○ 1.7.8.3 Page 46 ○ 1.7.8.4 Page 46 ● 1.7.9 - Insurance certificate ○ 1.7.9.1 Page 49 ○ 1.7.9.2 Page 49 ○ 1.7.9.3 Page 49 ○ 1.7.9.4 Page 49 ● 1.7.10 - Additional information Page 52 ● Affidavits and Attachment form Final Section of RFP ○ E-Verify Affidavit Page 53 ○ Affidavit to non coercive conduct for labor Page 57 ○ Affidavit regarding prohibition of contracting foreign… Page 58 ○ Attachment B - Declaration of Representation Page 59 3 92 4 Letter of Interest Allow this letter, along with the following pages, to serve as iSwim Academy’s understanding of the City of South Miami’s request for proposal regarding “Youth and Adult Swim Lesson and Aquatic Fitness Program Management.” iSwim Academy is honored for the opportunity to continue to serve the City of South Miami in operating our aquatic fitness program at Murray Park Aquatic Center. We have enjoyed a partnership with the City of South Miami for the previous nine years. iSwim Academy’s goal is for this proposal to provide the information needed to secure our continued success in educating our youth (and more) in the importance and fun of water safety and fitness development. The previous nine years, between the months of April and September, iSwim Academy LLC. has operated Swim Lesson Services at Murray Park Aquatic Center located at 6701 SW 58th Place, South Miami, FL 33143. Additionally, iSwim Academy intends to explain our ability to meet the requirements of this RFP. Our commitment to the City of South Miami has been shown by our body of work during the previous nine years. We will continue to offer our clients the best instruction and customer service. Finally, we intend to showcase our approach and philosophy related to our services. iSwim Academy’s ability to meet, and hopefully exceed, the requirements outlined in the RFP starts with the program. Our program primarily consists of four main divisions; private lessons, group lessons, non-competitive swim team, swim training (adults and children). In addition, we are looking forward to widening our adult and senior offerings. Part of our program that we are most proud of is our ability to give back to those in need, particularly the local community which the pool serves most often. Through USA Swimming grants, the Rotary Club of South Miami, and other private individuals, we created scholarships for the South Miami Community Redevelopment Area and other families in need. Although the details of each of these areas differ for each class being taught, the foundation of who we are and how we teach remains consistent throughout our instruction. We base our teaching on survival, skill, and fun. We often tell parents, “We’ll meet you in the fun.” Survival, being the obvious first choice in most minds, is achieved by teaching students to “get to the wall.” It is our philosophy that if a student can grab the wall, they can be safe and survive. Students cannot move forward with other aspects of swimming within our program until they are “safe” in the pool and this is determined by their ability to achieve jumps and swims on their own. 4 93 5 Skill is the second aspect of our foundation and moves us into more private and group lessons, as well as the non-competitive swim team. Once a student is safe in the pool they can learn the skill of swimming. The four main competitive strokes are freestyle, backstroke, butterfly, and breaststroke. We teach each of these strokes based on the student’s skill, age, and coordination. Through this methodology we strive to develop the student’s skill level according to our curriculum, which is based on survival swimming and the four competitive strokes of swimming. Finally, the FUN! Fun is a major aspect of what we do and how we teach. If a child is having fun, they are more likely to practice and repeat what was taught. Swimming is a non-negotiable in South Florida. Besides a growing number of pools, there are countless lakes, canals, and a seemingly endless coastline of mainland and islands. In addition, the many boats that are in South Florida and how often people and their friends are out boating is another factor to be considered. We encourage all of the participants with our program to commit to swimming with their kids. Go in the pool, channel your inner second grader, play alligator, spin around, get your hair wet mom… Without the fun, children often see little purpose in learning how to swim. Our primary point of contact with the city is the parks and recreation department. Not only do we strive to communicate often with this office, we make their mission, our mission. The City of South Miami’s Parks and Recreation department says “Our mission is to enhance the quality of pleasant living in South Miami by providing safe, inviting, and beautifully maintained parks and facilities; provide a variety of fun and inclusive programs, services, and events; and, serve as a model of excellence in both customer service and operational performance. #ItStartsNEndsWithParks” and we concur. We feel not only do we agree with this, we emulate it as well. We also realize the Parks and Recreation Office is an extension of the Mayor and Commission offices. iSwim has and will continue to serve the community of South Miami and all that come into it as best as we can. We will do this through exceptional service. It is a goal of ours to have each person feel and see our dedication to those we serve. I, Nicholas Bevilacqua, along with my wife Carla Bevilacqua, serve as authorized agents of iSwim Academy, LLC, located at 210 Seaview Dr, #412, Key Biscayne, FL 33149. Peace and thanks, Coach Nick 5 94 6 6 95 FORM I PROPOSAL FORM PACKAGE ACKNOWLEDGEMENTS I hereby propose to furnish the goods and services specified in the Request for Proposals.REP No.PR2II24-I8.I agree that my Propositi will remain firm lor a period of 1 80 days after opened by the City in order to allow diet its adequate lime to evaluate the Proposal. I certify that all information contained in this Proposal is truthful to the best of my know ledge and belief.I further certify that I urn duly authorized to submit this Proposal on behalf of the I inn tunned as the Proposing Finn and that said Firm is ready .w illing,and aisle to perform if awarded the Agreement I further certify.under oath,that this Proposal is made without prior understanding,agreement, connection,discussion,or collusion with any other person,firm or corporation uhmilting a Proposal:no officer.employee or agent of the City of South Miami or any other Proposer has an interest in said Proposal.Furthermore.I certify that the undersigned executed this Proposal Form with full knowledge and understanding of matters therein contained and was duly authorized. I further certify that the Proposer acknowledges receipt of all Addenda issued by th'<ity in connection with the RFP (Check lite box next to each addendum received t. Addendum I Addendum 2 Addendum 3 Addendum 4 Addendum 5 Addendum 6 Addendum 7i/^.Addendum 8 v .Addendum v Addendum 10 Attached hereto arc the following forms documents which form a pan of this Proposal Form l Form 2 A. Form 2B. 1 orm 3. Form 4. Form 5. Proposal 1 orm Package Acknowledgement. Proposer’s Certification (if Company or Corporation) Proposer’s (unification (if Partnership) Single Execution /Affidavits Dispute Disclosure Certification Regarding Debarment.Suspension.<X Other Res msibility Matters Primary Covered 1 ransaciions Form 6 Form 7 Form 8 Form 0. Proposer’s (Qualifications Survey Price Proposal Form Reference 1 ist Key Stall &Proposed Subcontractor' 28 nt 1(1 7 7 96 FORM I PROPOSAL FORM P AC K \GE ACKNOWLEDGE.MEM'S (CONTINUED) N AX SIGVAIi RI Ol PROPOSI R TIAHIDBOEPROPOSER Htc hoi/Js nr'vilnctfori Mn p a n .0 6 I vlcm ly r NAME&1TTLE.TAPED (W ITUNII D J J MAILING ADDRESS ^.1 D £jcu izte-wj Dnve Z ^^'05 \&Illi PHONE NT VIBER 33l H-3 State of I lorida _ County of ircscnce or (name of person )as ne (name of parts nitbehjll •!whom instrument is executed JACQUELINE EU571LL0MVCOMMISSION EXPIRES FEB 16.2028 .bj Its profaul!ritj t for I he foregoing instrument uas acknow ledned before me bj m.ins ol inline notarization,lhis^3_da>of ,VAnos/xcy . 'uian KEiE5SSMp-i^ CnniintNskined) Personally known to me;or Produced identification (Evpe of Identification: } Did lake an oath:or Did not take an oath 29 <.mi 8 8 97 I ORM 2 A PROPOSERS CERTIFICA I ION (if Company or Corporation ) (I RUI KM I S I A IL OF Fhndd COl NTY OF I )SS I HEREBY CERTIFY that a meeting of the Board of Directors of । 5 adopted: vs inn -myacorporationorcompanyexistingunder the laws of the Stale ol FlgridoheldonKJzusdz<ry J .iC.F the following resolution was duly passed and RESOLVED,that.Its MtfiY^cr'IcMfcrof the Corporation Company .be and is hereby authorized to execute the IWpoCal dated,-Jan Z •2024>to the City of South Miami tor RFP No.PR2IJ24-IX YOI TH AND ADI LI SWIM LESSON \\D AQUATIC FITNESS PROCRAM MANAGEMEN I.and that this execution thercol.attested by the Secretary of the Corporation Company.and with the Corporate Company Seat affixed, stall be the official act and deed of this Corporation Company I further certify that said resolution is now in full force and effect IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official seal of'’OaHuACcorporatiomcompanyonthisthe (SEAL) 38 nCTU 9 9 98 FORM IB PROPOSER'S CERTIFICATION (if Partnership) CERTIFICATE I STATE OF )M /)SS I v /''COUNTY OF )/ I HEREBY CERTIFY that a meeting of the Partners of ya partnership existing under the law s of ihe State of ,held on.2024.ihe follow ing resolution was du h passed and adopted: '•RESOLVED.that as of the Partnership,be and is herein authorized to execute the Proposal dated . 2024.to the City of South Miami for RIP No.PR20244R UH I H AND ADI LI SWIM LESSON AND AQI AIK FITNESS PROGRAM MANAGEMEVI Services from this partnership and that his execution of thereof,attested by the shall be the otiicial act and deed of this Partnership " I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF.I have hereunto set my hand this .day ol 2024. 31 of TO 10 10 99 FORM J SINGLE EXECl TION AFFIDAVITS IIlls IORM MI'S|ut SHAH>\M»WORX l<»t*IHI PHI M M I (it \MH ARV Cl UI 1« OROTHFKOI •U I \l Al IIIOKI/I h ID VOMIMM LK OX I Hs. THIS FORM COMBINES SIA ERAL Al HDA\IT S I A I EMEN I S TO HE SM i IRN TO BV THE PROPOSER OR PROPOSER AND NOTARIZED BELOW.LN THE EVEN I THE PROPOSER OR PROPOSER CAN NO I SWF.\R TO ANY OF THESE AFFIDAVIT STATEMENTS,THE PROPOSER OR PROPOSER IS DEEMED TO BE NON¬ RESPONSIBLE AND IS NOI ELIGIBLE TO SI BMIT A PROPOSAL/PROPOSAL. THESE SINGLE E XE<TTION AFFIDAVITS ARE SUBMITTED TO THE CITY OF SOI I II MIAMI AND ARE STATEMENTS M ADE: By :—bKcJvadrCi, I or (Name of Proposing or Bidding Entity I \\hose business address is:ip *3+,J r L.43 r +9 And (if applicable)its I ederal Employer Identification Nnmbcrll I INI is:'tf J -1 (if the entity does noi have an I I IN.include the Social Security Number ol'lhc mdiviuo 4 signing this sworn statement.SS Proposer Initials Americans vs itb Disabilities Act Compliance Affidavit I he above named firm,corporation or organization is in v mpliancc with and agrees to continue to comply with,and assure that any subcontractor.or thin,party contractor under this project complies with all applicable requirements oi the laws listed below including,but not limited to. those provisions pertaining to employment,provision of program*and services,transr nation, communications,access to facilities,renovations,an t i >w construction•lite American with Disabilities Act of IWO (ADA).I*uh.I .lttl-336.KJJ tat 327,42 I SC 12101 12213 and47 I SC Sections 225 and I'M including litlc 1.I m,.oyn ent.Title II.Public Services.Title III.Public Accommodations and Services Operated h Private entities:t itle IV felccommrmicatlons:and t itle V.Miscellaneous Provisions. •I he I londu Americans w ith Disabilities Accessibility Implementation Act f 1993. Section 553501-553.513.Florida Statutes: •I he Rehabilitation Act of 1973,229 I SC Section 794; •Che federal 1 ransit Act.as amended 49 (1ST Section 1612. •I he Fair Housing Act as amended 42 I SC Section 3601-3631 ,u „r “o 11 11 100 Public Entity C rimes Affidav it I understand that a "public entity crime"us defined in Paragraph 287.1 33(I )(g).Florida Statutes, means a v iokition of any state or federal law In a (tersun with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the I nited States,including but not limited to.any Proposal or contract for goods or services to be provided to any public entity or an agency 01 political subdivision of any other state or of the I nited States and involving antitrust,fraud,theft,bribery ,collusion,racketeering, conspiracy ,or material misrepresentations. I understand that "convicted"ot "conviction"as defined in Paragraph 287 1 33(1 Mb)Florida Statutes.means a linding of guilt or a conviction of a public entity crime,with or without an adjudication of guilt,in any federal or suite trial court of record relating to charges brought by indictment or information after July I.1 989,as a result of a jury verdict,non-jury trial,or entry of a plea of guilty or nolo contendere. I understand that an "affiliate"as delined in Paragraph 287.1 33(I )(a I,Florida Statutes,means: I .A predecessor or successor of a person convicted of a public entity crime;or 2.An entity under the control of any natural person who is active in the management ol the entity and who has been convicted of a public entity crime.The term "affiliate"includes those officers, directors,executives,partners,shareholders,employ ees,members,and agents who are active in the management of tin affiliate.I he ownership by one person of shares constituting u controlling interest in another person.or a pooling of equipment or income among persons when not for fair market value under an arm’s length agreement,shall be a prima facie case that one person controls another person.A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. I understand that a "person"as defined in Paragraph 287.133(1 He).Florida Statutes,means tiny natural person or entity organized under the laws of any stale or of the Imited States with ihe legal power to enter into a binding Contract and which proposals or applies to Proposal on con’racts for the prov ision of goods or Scrv ices 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.and partners,shareholders,employees,members,and agents who are active in management of an entity. Based on information and belief,the statement,which I have marked below,is true in relations to the entity submitting this sworn statement. (INDICATE WHICH SI Al EMENT APPLIES.) V Neither the entity submitting this sworn statement.nor any of Its officers,directors, executives,partners,shareholders,employees,members,oi agents who arc active in the management of the entity,nor any affiliate of the entity has been charged with nd convicted of a public entity crime subsequent to July I,1989 Ihe entity submitting this sworn statement,or one or more ol its officers,directors, executives,partners,shareholders,employees,members,or agents who arc acUv in the AJ <>«’ll 12 12 101 management of the entity.or an affiilintc of the emit)has been charged w ith and convicted of a public entity crime subsequent to July I.19X9. I he entity submitting this sworn statement,or one or more of its officers,directors, executives,partners,shareholders,employees,members,or agents who tire active in the management of the entity,or an affiliate ol the entity has been charged with and convicted of a public entity crime subsequent to July I.1989 However,there has been a subsequent proceeding before a Hearing Officer of the State of I lortda .Div ision of Administrative I tearings and the final Order entered by the I tearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted,vendor list tattach a copy of the final order). I understand that the submission of this lorm to the contracting officer for the public entity identified in paragraph I above is lor that public entity only and that this form is valid through December 3 1 of the calendar year in which it is filed I also understand that I am required o inform the public entity prior to entering into a contract in excess of the threshold amount provided in Section 287,017.Florida Statutes for category two of any change tn the information contained in Initials S<>Conflict of Interest or Contingent Fee Affidavit Proposer warrants that neither it nor any principal,employee,agent,representative nor family member has paid or will pay any fee or consideration that is contingent on the award or t xecution ul a contract arising out of this solicitation.Proposer also warrants that neither it not any principal, employee,agent,representative nor family member has procured or attempted to procure this contract in violation of any of the prov isions of the Miami-Dade County and City ol South Miami conflict of interval or code of ethics ordinances.Further.Proposer acknowledges that any violation of these warrants will result in the termination of the contract and forfeiture of funds paid or to be paid to the Proposer should the Proposer he selected for the performance of this contract Business Fnlitv Affidavit Proposer hereby recognizes and certifies that no elected official.board member,or employee of the City of South Miami (tire "City ")shall have a financial interest directly or indirectly in this transaction or any compensation to be paid under or through this transaction,and further,that no City employee,nor any elected >’r appointed officer (including City board members)of the City, nor any spouse,parent or child of such employee or elected or appointed officer of the (Hy ,may be a partner,officer,director or proprietor of Proposer or Vendor,mid further,that no such City employee or elected or appointed officer,or the spouse,parent or child of any of them,alone or in combination,may have a material Interest in the Vendor or Proposer Material interest means direct or indirect ownership ol more than 5%of the total assets or capital stock of the Proposer,Any exception to these above described restrictions must be expressly provided by applicable law or ordinance and be confirmed in writing by C ity.Further,Proposer recognizes that with respect to this transaction or Proposal.Il any Proposer violates or is a party to a violation of the ethics this form.Lk-Proposer I of to 13 13 102 Initials ordinances or rules of the City,the provisions ol Miami-Dade County Code Section 2-1 1.1,as applicable to City,or the provisions of Chapter 1 12.part III.I la Stat.,the (ode ol I thics for Public Officers and Employees,such Proposci may be disqualified from furnishing the goods or services for which the Proposal or Proposal is submitted and may be further disqualified from submitting any future proposals or Proposal for goods or sen1ices to (.ity . Anti-Collusion Affidavit I ,Proposer.Proposer has personal knowledge of the matters set forth in Its Proposal Proposal and is fully Informed res]iecting the preparation and contents of the attached Proposal.Proposal and all pertinent circumstances respecting the Proposal Proposal: 2.I he Proposal Proposal is genuine and is not a collusive or sham Proposal Proposal:and C Neither the Proposer Proposer nor any of its officers,partners,owners.agents,representatives, employees,or parties in interest,including Affiant,has in anv way colluded,conspired, connived,or agreed,directly or indirectly with any other Proposer Proposer,firm,or person to submit u collusive or sham Proposal Proposal.or has in any manner,directly or indirectly, sought by agreement or collusion or communication or conference with any other Proposer Proposer,firm,or person to fix the price or prices in the attached Proposal.Proposal or of any other Proposer.Proposer,or to fix anv overhead,profit,or cost element of the Proposal Proposal price or the Proposal Proposal price of tiny other Proposer/Proposer,or to secure through any collusion,conspiracy,connivance or unlawful agreement any advantage against the City or any person interested in the proposed Contract. Hioposcr Initials' Scrutinized (imumnv Certification I.Proposer certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel I ist.Pursuant to Scction287 I 35,|s the City may immediately terminate the Agreement that may result from this RI P al its sole option if the Proposer or its subcontractors arc found to have submitted a false certification;or if the Proposer,or its subcontractors arc placed on the Scrutinized Companies that Boycott Israel I ist or is engaged in the boycott of Israel during the term of the Agreement 2.If the Agreement that may result from this RfP is for more than one million dollars,the Proposer certifies that it and its subcontractors are also not on the Scrutinized Companies with Activities in Sudan.Scrutinized Companies with Activities in the Iran Petroleum Energy Sector I ist.or engaged with business operations in Cuba or Syria as identified in Section 287.135.I-.S pursuant to Section 287 135.I ,S„the City may immediately terminate the Agreement that may result from this RfP at its sole option if the Proposer,its affiliates.or its subcontractors are found to have submitted a false certification:or if the Proposer,its affiliates, or its subcontractors arc placed on the Scrutinized (ompames with Activities in Sudan I ist.or .«of 14 14 103 Scrutinized Companies with Activities in the Iran Petroleum I nergy Sector I ist.or engaged with business operations in C uba or Syria during the term ol lite Agreement. 3.The Proposer agrees to observe Ilie above requirements for applicable subcontracts entered into for the performance of work under the Agreement that may result from this RI P.As provided in Subsection 287.135(8).T.S..if federal law ceases io authorize the above-staled contracting prohibitions then they shall become inoperative. Drug-Free 55 urkplace Affidavit Proposer hereby recognizes that,pursuant in I S.§287.087.preference shall be given to businesses with drug-free workplace programs when two proposals Proposal ure equal w ith respect to price,quality,and service.Proposer understands-ihat in order to quality as a diUg-frce workplace.Proposer must: a)Publish a statement notifying employees that the unlawful manufacture.distribution, dispensing,possession,ot 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. b)Inform employees about the dangers ol drug abuse in the workplace,the Propose,S policy of maintaining a drug-tree workplace,any available drug counseling,rehabiiit ion.and employee assistance programs,and the penalties that may be imposed upon emp ivccs for drug abuse violations 1)Give each employee engaged in providing commodities or contractual services under the RI P a copy ol the statement specified in subsection (I ). 2)Notify employees that,as a condition of working on the commodities or contractual services under the RI T.the employee must abide by the terms of the statement and will notify the employer of any conviction of.or plea of guilty or nolo contendere to.any violation of chapter 893 or of any controlled substance law ol the t'nited States or any state,for a violation occurring in the workplace no later than five (5)days after such coin ictiun. 3)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 4)Make n good faith effort to continue to maintain a drug-tree workplace through the implementation of this section. Based on information and belief,the statement,which I have marked below,is true in :iulions to the entity submitting this sworn statement. (INDIC ATE 55 HIT H STATEMENT APPLIES.) y Ihe entity submitting this sworn statement is a drug-free workplace anil is in full ,tt.<>mo 15 15 104 compliance with the requirements set forth under I s §287.087. I he entity submitting this sworn statement is not a drug-free workplace. Cits Non-Discrimination Requirements AITidavil Proposer understands that pursuant to Section 3-1 I ot the Code of the City of South Miami,the City will not enter into or award a contract to an entity engaged in n boycott. Proposer understands that "Boy cott"as delined under Section 3-1.1 of the Code of the City of South Miami means to blacklist,divest from,or otherwise refuse to deal w ith a nation or country, or to blacklist or otherwise refuse to deal with a person or entity when the action is based on race, color,national origin,religion,sex,gcndei identity,sexual orientation,marital or familial status, age.or disability in a discriminatory manner.The term boycott docs not include a decision based upon business or economic reasons,or boycotts.embargoes,trade restrictions,or divestments that arc specifically authorized or required by federal law or state law. Proposer certifies that it is not engaged in a boycott,and is in full compliance with Section 3-1.1 of the Code of the City ol South Miami. Acknowledgment.Warrants,and Acceptance I .Contractor warrants that it is w illing and able to comply with all applicable state of Florida laws,rules and regulations. 2,Contractor warrants that it has read,understands,and Ls willing to comply w ith all requirements of RFP N<>.CSM2H24-II5 and any addendum addenda related thereto. 3.Contractor warrants that it will not delegate or subcontract its responsibilities under an agreement without the prior written permission of the City C ommission or City Manager,as applicable 4.Contractor warrants that all information pnw ided by it in connection w ith this Proposal is true and accurate. (REMAINDER OF PAGE LEFT INTENT IONALIA BLANK. SIGN ATI RE PAGE FOLLOWS.] yr ut TIT 16 16 105 In the presence of:Signed,sealed and delivered by: ,•—Witness «1 Prim Name:jJ/;.:,/,.'.'.,C Print's.me:fcLJiJa^-CXLiLLWd^Uddd 'did :‘j Title:Mufltunnq jdtunher Witness#!Print Name:piHi V?/if~[»l\H "J ACKNOWLEIXiMEN I Stale of Florida _ County ofKAtawi phy steal pn~•nee or . Produced identification (Type of Idcntificatioir The foregoing instrument was acknowledged before me by means of upline notarization,this ,33*day of a/s (name of person )as Quon f c~(type of au*’>rity )forAtlz^y (name at party on kh .ll ol whom instrument is exccutt \Personalis known to me or J«Qt®ME 9US7U0 I *ATI ^WMMrSSJON *HH4M810 n EWHE5:FE8 10 2028 Nota y Pnblii'^Prmf Ty p (ommissioned) I Did lake an oath:or Dili not lake tin until w ..r to 17 17 106 FORM 4 DISPt IE DISC Lost RE Xnswer the following questions by placing an "X"after "X es"or “No".If you unswc'“Yes", please explain in the space pros ided.or on a separate sheet attached to this form. I.I las your firm or any of its officers,received a reprimand of any nature or been suspended by the Department of Professional Regulations or any other regulatory agency er professional associations within the last live (5)years? YES 2.I las your firm,or any member of your firm,been declared in default.terminated or removed from a contract or job related to the services your firm provides in the regular course of business within the last five (?)years.’ Yl S NO 3.Ilas your firm bad against it oi filed any requests lor equitable adjustment,contract claims. Proposal protests,or litigation in the past live (?)years that is related to the services your firm provides tn the regular course of business’? NOYES H y es,slate the nature of the request lor equitable adjustment,contract claim,litigation,or protest, and slate a brief description of the case,the outcome or .talus of the suit and the monetan amounts of extended Contract lime involved 1 hereby certify that all statements made are true anil agree and understand that any misstatement or misrepresentation of falsification of facts shall be cause for forfeiture of rights lot further consideration of this Proposal or Proposal for the City of South Miami. UkXOVVLEDGMENI Slate al*Florida County oi 4/*ikd-t The foregoing InMiumciH wax acknowledged Iwhur me b>means phsxiM1 presence nr LI online nnui izntinn of part}on behalf of hum instrument is executed). Personally known lu me,nr Produced tdentitknlhui i lypeul ItkiHifkaiinti Did lake an oath,ar Illi*<33 dux o!/)U^f (type of authority I for JAC0UHJWEBU6DLLO MY COMMISSION #HH4848tO EXPIRES:FEB 18.2028 innmc of personI I>i<l not lake an oath jv»r?n 18 18 107 FORM 5 CERTIFIC ATION REGARDING DEB ARMEN I .SUSPENSION,AND Ol III R RI SPONSIBII I I A M \I I I RS PRIMARY COS ERED TRANSACTIONS This certification is required by the regulations implementing Executive Order 1 2549.Debarment and Suspension.13 CTR Pan 145 I he regulations were published as Pari A ll of the Muy 26.1988 /■'I'fleml faigMiV (pages 19160-1921 1 ),(opies of the regulations are available from local offices of the U.S.Small Business Administration. (1 1 The prospective primary participant certifies to the best ofils knowledge and belief that it and it.s principals; (a)Are not presently debarred,suspended,proposed for disbarment,declared ineligible,or voluntarily excluded from covered transactions by any federal department or agency: (bt Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public (Federal,State,or local)transaction or contract under a public transaction: violation of Federal or State antitrust statutes or commission of embezzlement, theft,forgery,bribery,falsification or destruction of records,making false statements.or receiving stolen property : let Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal.State,or loctth with commission of any of the offenses enumerated in paragraph (1 1(b)of this certilk alion:and (d )Have not within a three-year period preceding this application had one or more public transactions (federal.State,or local)terminated lor cause nr default. (2)Where the prospective primary participant is unable to certify to any of the statements in this c ertification,such prospective primary participant shall attach an explanation to this Statement of Qualifications. HvIfateI Signature of Authorized Representative Business Name I Swim Ac a dem Nt chains HcW^r- Nome and rffle Jf Authorized Repo .entalive tn uno 19 19 108 FORM 6 PROPOSER'S QI M.IHf \I IONS St RVFA COMPASS QI \I.IIK M IONS QI LSI IONNAIRI Plcuse complete this Company Qualifications Questionnaire.Eh completing this form and submitting a response to Ilie RI P.you certify that any and nil information contained in the Proposal is true,that your response to the RI P is made without prior understanding,agreement,or connections with any corporation,firm 01 person submitting a response to the RI P for the same materials,supplies,equipment,or services,is in all respects lair and without collusion or fraud, that you agree to abide by all terms and conditions of the RI P.and certify that you are authorized to sign for the Proposer’s firm. Some responses may require the inclusion of separate attachments.Separate attachments should be as concise as possible,while including the requested information.In no event should the total page count of all attachments to this Form exceed five (5)pages Some information may not be applicable;in such instances,please insert "N'A" I Swim AcaclanvFirmName/ Principal Business Address S.t^yne^IzL 33/4*7 Telephone Number I acsimile Number |nfoti 1 6 rs। on sjm ,Cj&m l-.mall Address 4-7 •1^75^2/ Federal IT).No.or Social Security Number/^^1 Ma Municipal Business TaxTRcupulional I icense No FIRM HIS TORS AND INFORMATION . How many years has the firm has been in business under its current name and ownership’’II ' Please identify the Firm's document number with the I lorida Division oft.orporutions nd date the Firm registered filed Io conduct business in the State of Florida Ll4Oo£>i33 co 2 ij- Document Number Dale Filed Please identify the Firm’s category with the Florida Department of Business Professional Regulation (DBPRt.DBPR license number,and date licensed by DBPR bj/A Category I icense No.Date Licensed 41 «no 20 20 109 Please Indicate the type of entity form of the Firm (if other,pieuse describe): Individual Partnership Q Corporation p».l I C L LP Other Please identify the Firm's primarv business:-X-I4)fy ri\/ir“V>i Tt'j'lU Please identity the number of continuous years your Firm has performed its primary business: Please list all professional licenses and certifications held by the firm,its Qualifier Principal,andanyKeyStaff,including any active certifications of small,minority,or disadvantaged business enterprise,and the name of the entity that issued the license or certification: 1 icense/<unification Type Name of Entity Issuing 1 icense or Certification I icense No.License Issuance Date /’PS.M]f\(ItlCroSJ h)/PiJ Please identify the name,license number,and issuance dare of any prior companies that pertain to vour Firm: License.Ccrl i fixationType Name of 1 ntity Issuing 1 icense or Certification 1 icense No License Issua i.e Date 1 /Am fd fa kJ A fl ft-1 *1 1 J 1 n 1 V rr Please identify all individuals authorized to sign lor the entity .their title,and the threshold level of their signing authority: Authorized Signors Name Title Signing Authority Ihreshold|(All,Cost up to $X-Amount,No Cost _Othcr£ £«.r Ute 1A- Please Identify the total number of Firm employees,managerial administrative employe >.and identify the total number of trades employees by trade (e.g..20 electricians.5 laborers mechanics,etc.): INSURANCE INFORMATION Please provide the following information about the l inn's insurance company ; Total No.of Employees S’'20TotalNo.of Managerial/Administnuivc Employees foul No.of Trades Employees by 1 rude ia - X*X "Tnsanamef-Une .Insurance Carrier Name Insurance (nrricr C’on»aci Person 42 ..ro 21 21 110 I'll I McijnciInsuranceCarrier Address I elephone Nq,Email CtfO Has the Firm filed ally insurance claims in the last live (5)years?/No ~Yes II yes,please identity the type of claim and the amount paid out under the claim: of uwnersl FIRM OWNERSHIP Please identify all Firm owners or partners,their title,at.d pei Ow necParlner Name l it Ie Ownership l°<>> JsUchjklii IVUw tnti1)4rwther 1«^ r 1 ~C*V'|z>r^7 11 JW?|\7C.OX 1 //}J J Please identify whether any of the owners partners identified above are owners partners in another entity; No X Yes If yes.please identity the name of live owner partner,the other entity s name,and percent of ownership held by the staled owner partner Owner/Partner Name Other Entity Name Ownership (%)--106% RECENT CONTRACTS Please identify the five (5)mosl recent contracts in which your I irm has provided service.,to other public entities By signing below .Proposer certifies that the information contained herein is complete an.I accurate Authorized Signature: Print or Ty pe Name: Date; Title; to the best of Proposer's knowledge Firm: 43 ..r in 22 22 111 FORM 7 PRICE PROPOSAL Proposer's Price Proposal includes three components;1 1 1 the I acilhy Contribution to the City to offset the cost of the facilities;(2)registration lees to be charged to participants receiving the Services under the City's Youth and Adult Swim Lesson and Aquatic I itness Program (the "Program")at the Murray Park Aquatic Center ("Park"),and (s)the proposed base number of scholarships to be offered to City residents on a need-basis as part of the Sen ices. A.Annual Facility Contribution to the City.I he Proposer must be willing and able to fund the cost of facilities (including park infrastructure,maintenance,staffing,and park capital investment)used for the City 's Program al the Park YEAR PROPOSED FAC1LITA (ONTR1BI 1 ION* AFAR 1 S IO.666.OC> A E AR 2 A EAR 3 s Aflfl dO OPTION A FAR 4 5 <5 0 OPTION A EAR 5 *606-60 TOTAL FIVE YEARS S ^b.660.^0 -HIE PROGRAM PROMDER'^PROPOSED l AClim (OXIRIBl IIOS FEF SHALL NOT BE¬ LOW I R THAN Sin.utitl I OR A EARS 1 .J A XD <11 Aid NOI BHf LOW ER 1 HAS SI 1 300 PER A EAR I OR A F ARS4 -5. B.Proposed Registration Fee Structure.Proposer’s registration fee structure is the sole compensation from the (ity to the Proposer lor lite providing the Program,and shall include the Proposer's profit margin and cover nil overhead costs,mcludm .without limitation,the cost of all labor,equipment.kits,marketing tools,licenses,ce.lificalions. supervision,maintenance,couches,fuel,delivery costs.Irav cl lime,per diem expenses,and any other miscellaneous expenses.I he rules specified below shall be in el leer for Year 1 A written proposal amending the rates below must be submilled to the C its Manager or designee lor review and approval at least sixty (60)days prior to the comtnen.cincnt of the Proeram in future years.No tees other than those shown below will be caurged to participants. Program Description Base Rate Registration Fee Non-Resident Base Rate Registration Fee City Resident (20%Reduction) Group Swim l essons (M-F)$JJOOb $/60 60 Private Swim Lessons (M-F)s ^^6.00 s ^66.6G Group Swim Lessons (Sat )$/<9.6)0 44 ofTO 23 23 112 Private Swim Lessons (Sal.)s £0.00 Aquatic 1 itnessiMAV F Sal.)s untMun at S v»mo Aquatic Fitness <1 u.1 h.)$p C.Scholnrship Contributions.Lach Proposer must offer a base number ol scholarships to he provided to City Residents on a need-basis as pan of the Sen ices. Program Description Base Number of Scholarships for Citv Residents* (iroup Sw im 1 xssons i M-l )10 + Private Swim Lessons IM-F).0 Group Sw im Lessons (Sat.|IO + Privtac Sw im 1 essons (Satj Aquatic 1 itness (M W 1 Sat.i Aquatic Fitness (To Th.) I HI SI MHEROF SCHOLARSHIPS TO RI PROVIDED B\I HF PROPOSER sHAU.BE SO LESS TH \S |HSf HOI ARSHIPS ASM .ALL V 24 24 113 FORM H REFERENCE LIST IN ADDITION IO IHI INFORMATION RI QI IREDON (HIS FORM PROPOSER SHM I PROA Illi A MINIMI M OF THRU REFERENCE LL I 1 1 RS. RU ERENC I #1 Public Entity Name: Reference (ontacl Person Title.Department. Contact Number &Email S • "E VxgA^pcberVk key ne,Vl, Public Entity Size Number of Resident}Square Mileage. I^MC>people 1.3 ^5 Eventtst Completed (include Name of Project I vent.Date off vent Start 'Completion,Details on Size Scope of W ork Complexity ).r rtothli i mi (Afi 3 7 ffiack 0-1 fill! Is the Contract still Active?Yes 25 25 114 Milage Council lw I.Rascu.Miriin Oscar Sardiilav I Ice Mayor Michael F.Hnick'eii Franklin H.Caplan LdnarU Ixxidnn Nancy Sinner Fcnuuufci A.Vazqucc MUt^e Manager Siescn C.Williamson January 22,2025 To Whom It May Concern, It Is with great enthusiasm that I am writing this letter of recommendation for Nick Bevdaqua who IS seeking to renew their contract with the City of South Miami for the Murray Park Aquatic Center.Having had the privilege of working closely with Nick for several years,i can confidently vouch for his outstanding leadership,operational expertise,and unwavering commitment to excellence During my time observing Nick in action managing our youth flag football league,I was consistently impressed by his ability to manage complex programs and create a positive environment for the children and their parents His meticulous attention to detail and proactive approach to addressing any issues that arose greatly contributed to the success of the program. I believe that Nick's proven track record of success,dedication to the community,and expertise in youth program management make his team an invaluable asset to the City of South Miami I have no doubt that they will continue to excel in their role and contribute meaningfully <o the success of the Murray Park Aquatic Center Please do not hesitate to contact me if you require further details or would like to discuss Nick's qualifications further Sincerely. Todd Hofferberth Director,PROS XX West McIntyre Street Miwx*l<n|tH Ml H •»<IH Key Blscuync.I lornlu 1»|4M •i is j s<1 1 kcyhixiiytic.H.gos 1 26 26 115 REFERENCED Public Fntiix Name: Reference Contact Person Title.Department: Contact Number &I mail 36V j,3M Karla Pmiayii Public I ntit)Size Number of Residents Square Mileage __>u/4 Evenl(s)Completed (include Name of Project Event.Date of Event Starr Completion.*etails on Size/Scope of Work/Complexity I public )i ’/jxS, CA/Jrac kS Is the Contract still Active?Yes 4?Ml 711 27 27 116 MwqmJoo Miami January 13th.2025 To Whom It May Concern, I am writing this letter to wholeheartedly recommend Nick Bevilacqua,the owner of iSwim Academy,as both an exceptional swim instructor and a highly reputable business owner I have had the privilege of working with Nick in two distinct capacities:first,as a parent,when he personally taught my two children how to swim and later as a professional partner through Miami Kids Magazine From the very beginning Nick demonstrated unparalleled professionalism patience and expertise Teaching children to swim is no small feat yet Nick approached each lesson with warmth,encouragement and a keen understanding of how to make kids feel safe and confident in the water.Thanks to his dedication,my children not only learned essential swimming skills but also developed a love for the water that will stay with them for life As a business owner Nick has established iSwim Academy as a trusted and well-regarded name in Miami.His academy is known for its commitment to safety high-quality instruction,and a personalized approach to teaching Over the years.iSwim Academy has earned the loyalty and admiration of countless families a testament to Nick s leadership and unwavering focus on excellence Nick's passion for what he does extends beyond business He actively contributes to the community,promoting water safety awareness and ensunng that children and adults alike have access to life-saving swimming education It has been an honor to collaborate with him professionally as his dedication to service aligns with our mission at Miami Kids Magazine. I am confident that Nick Bevilacqua will excel in any endeavor he pursues His integrity, dedication and expertise make him an invaluable asset in both personal and professional capacities Please do not hesitate to contact me if you require any further information Sincerely, Karla Richey Founder S Publisher Miami Kids Magazine Kaiia@MiamiKidsMaqazine com 28 28 117 REFERENCE #3 Public Entity Name: uyi |1 gc Contact Number &I.mail.474-SV73 y Reference Contact Person Title Department: /AS Public I ntitv Size 'Number of Residents Square Mileage: Is the Contract still .Active?Yes Kcnt(s)Completed (include Name of Project I vent.Dale of Event Stmt umpletion.Details on Size Scope of Work t omplcxity >/ in or?u 29 29 118 p)Carrollton January 26,2025 To whom it may concern, I am pleased Lu enthusiastically recommend Nick Bevilaqua as he seeks to renew his contract with the City of South Miami for the Murray Park Aquatic Center.I have had the privilege of working closely with Nick frit over five years in my rule as Auxiliary Director feir the After School and Summer Programs al Carroll ton School of thr Sacred Heart. Throughout this lime,J have observed Nick's exceptional skills and dedication as tooth an instructor and mentor Lo our students.He Consistently demonstrates responsibility,proactivity,and a Commitment,lu fostering a safe and supportive swimming environment Beyond teaching swimming techniques,Nick instills valuable life skills that extend far beyond the pool. I lis passion for swimming and teaching makes him a tremendous asset to our community.J am confident thaL Nick will continue to excel m his role and make a significant contribution to the success of your Aquatic Center. If you have any further questions,please do not hesitate to contact me. Kindest regards, del Valle Director of Auxiliary Programs Carrollton School of the Sacred Head 3747 Main Highway Miami,Florida 33133 ddelvalkli?carrolltun.oTg 171?HanMgiha^-HamcM.±3113 -'5 30 30 119 FORM M KEY SI M F &PROPOSED SI liCONTRAC TORS KEY SIAFF Please complete the following chan with the Firms proposed Key Stall.It additional space is required. alease copy duplicate this page and attach Io this Form Additional space:yXo d Yes Same Title Years of Experience Years with Finn 1 .icenscs/Ccrtlficatinn* /VicMas 13-tv',lnctfiAd /Mdnqjpr/3P II /7 fia^65 Ass A /ksf ^*y/ Tn syuc^Qr' 1 6 Kedr’^ac?-3 3 2 J 3' 5 ) <3w\n 1 VMtdtnCr 1 VJelLomfr1 23 w J3 Lhjce^/fi^ L-Cijcf’O-^C} Please explain the Firms ability and resources to substitute personnel with equal or higher qualifications than the Kes Staff they will substitute lor where substitute is required due to attrition,turnover.01 a spec ilk request by the City: TWiS iS JQ^L at \ss ne ^5 a ^if Ca*cr^c Vq ihg .pool -fer £^ul^lhLk thp Mad 49 of 70 31 31 120 Please identify each Key Staff member's engagemem commitments that will exist concurrently with rite City's Services PROPOSED NLBCONI R U TQRS Key Staff Name Area of Responsibility Client Commitment tHnum/week) Period of Engagement 1 Mfr A//A a//a (JIA/ Subcontractor Name A Address License NumberScopeofWork A///V Ilie undersigned Proposer hereby designates,as lulluws,all major subcontractors whom they propose Io utilize for the major areas of work for the services.I he bidder is further notified that all subcontractors shall be properly licensed.bondable,and shall by required to furnish Ihe City with a Certificate nt Insurance in accoi dance w ith the contract general conditions,failure to furnish this inlormntion shall be grounds lor rejection of the bidder’s proposal.I If no subcontractors ate proposed,stale None"on first line below ) 5O0HD 32 1.7.3 Proposer ’s Qualifications iSwim Academy, L.L.C. Nicholas Bevilacqua (Project Manager) 1.7.3.1 - iSwim Academy was formally established in 2014. Nicholas Bevilacqua (Coach Nick) has been teaching swimming since April 1993, with a full time commitment to the art and skill of teaching swimming since 2011. 1.7.3.2 - All known applicable licenses, certifications, and permits required by the State of Florida, Miami-Dade County, the City of South Miami, and any other governing governmental regulatory authorities or sports associations are current and in good standing. If there are any that we are unaware of, we will rectify it as quickly as possible. Please see below. 32 121 33 33 122 Manx Local Business Tax Receipt Miami-Dade County,State of Florida -THIS G NGT A BILL -DO NOI PAT nO88B6 LBf CUUMSS MWX0CAHDII I5WIM ACADEMY LLC 210 SEAVIEW DR STE 412 KEY R1SCAYNE Fl 33149 EXPIRES SEPTEMBER 30,2025 Musi be displayed at place of busmess Pursuantto County Cede Cnapiar &A -An 9 A ID owum CWiMACADFUYllC Employecfs;5 bus Locsl Baiuiet*fan cab confirms pnyrwinn st tun Local Bsairtesi Tax The Keccipi B not a ticeese.pcimiL uj a caniftcattsn al lie hakfea *MmHrff’.atn/irs tn 3»Lasiness Holtes uuisi comply with atty noYEHimEmsl•r noimaiLiraBtral fegutaiuf #mH tetpifcwtwiu which appl /to tn»sucjneii. n»mcriPT MO ateon mm te texytap^an all UManseraaf •etuda Munm Dade Cate See la m Far nnmt iitamanon,mu www mnnud-.de »,»Aaxcnhnrt.-r FArautr ihsvw IT11»CfHlfCTM $45.00 09/05/2024 FPPUG5-24-01OJU3 SEC TY«OF MMME&S 215 E fUCATiQNAl TRAINING IN5T 34 1.7.4 Proof of Experience The most obvious and significant proof required here is iSwim Academy has continuously and successfully operated its swim school at Murray Park Aquatic Center for the previous nine years. Beginning in 2016, iSwim Academy and the City of South Miami entered into four consecutive one year agreements. After successfully completing those four years, iSwim Academy was granted the bid for five years, 2020-2024, to do the same thing. Coach Nick’s initial training began in 1993 under the direction of Thom McAnanney, owner of Swim Miami. This program operated at Kendall Lakes Golf and Country Club, now known as Miccosukee Golf Course. Thom trained Nick in teaching swimming as well as managing the pool, instructors, and lifeguards. From 1996-1998 Coach Nick managed the pools for Swim Miami. 1.7.4.1 - There is no governing body for giving swimming lessons; however, that does not prevent iSwim Academy from maintaining a high level of safety and instructional standards. Most of iSwim’s instructors are Lifeguard, CPR, and AED certified. The two well known agencies that supply learn to swim guidelines, instructional methods, and materials are Red Cross and Starfish. iSwim Academy’s curriculum and instructor training is more intense and robust. All of iSwim’s instructors receive direct and supervised training by master swimming instructor, Coach Nick. 1.7.4.2 - This is primarily satisfied in the opening statement to this section. Additional attachments, certifications and similar will be attached. 1.7.4.3 - Coach Nick has essentially been working with infants, children, and teens since he was a teen himself. Umpiring baseball and softball games beginning at age 14 at West Kendall Optimist Club was the beginning. Next, Joe Hall Elementary hired him to work in their after school care program. Employment by Swim Miami followed, and this is where Coach Nick began to understand his love for the water and teaching kids. Following that work experience, Nick served as a school resource officer and as an executive board member of the Fraternal Order of Police for Miami Dade County Schools Police Department. Ultimately, he made his way back to the world of swimming and pool life where he has remained since 2011. Coach Nick has fulfilled his passion by teaching anyone, starting with his own children at six months old, to survive and, more importantly, thrive in the pool and other bodies of water. Coach Nick also served eight years as a volunteer coach and league commissioner for the flag football league at Key Biscayne Community Center. 34 123 35 1.7.5 Personnel Qualifications / Key Staff 1.7.5.1 - Form 9 containing key staff is completed and submitted above in the “Forms” section. Information needed for key staff such as experience and certifications are included in “Form 9” and the resume for Coach Nick is below. Nicholas Bevilacqua | 786-586-6148 | CoachNick@iSwimSoMi.com Profile I am a business owner, a husband, and a dad, in a nutshell. I love living my life and do my best to fully enjoy the human experience. In business I try to continue to adapt, not only to what our clients need, but also constantly improving ourselves from within. Experience Owner, iSwim Academy, Miami, FL — 2014 - Present Handle anything and everything that running a small business entails. The majority of what I have done is teach swimming lessons to others. I also have handled all of the office duties, advertising and marketing sections, personnel decisions, growth, RFP’s, and more. Self — 2009 - 2014 While iSwim Academy was under development, I did multiple things which encouraged me to work on myself. I had a reasonably successful network marketing company. We started a successful distributorship of a green product. We had a Spanish translation and publishing company ultimately fail. I literally was getting my feet wet in figuring out how to make iSwim Academy a full time entity and more. Police Officer, Miami Dade County Public Schools PD — 2003 - 2011 I worked as a certified Law Enforcement Officer for the Miami Dade County Public Schools Police Department. I also served 6 years on the Board of Directors for Lodge #133 of the Fraternal Order of Police. MindGene, Owner, Computer Software — 2002 - 2012 MindGene was a labor of love and my first real attempt at running my own company and having success by maintaining a living wage for myself and others. MindGene ultimately failed, and the lessons learned are still driving my success today. Education Barry University, Miami, FL — Business Administration Summa cum laude, 2013 References Available in proposal, Form 8 inserted above, other can be supplied upon request 35 124 36 1.7.5.2 - Organizational Chart ● Nicholas Bevilacqua (Coach Nick) - owner, lead instructor ○ Office Manager - (to be hired) reports directly to Coach Nick, generally not at the facility. Handles customer scheduling and customer service ■ Receptionist - (to be hired) - directly helps the office manager with customers, not generally at the facility. ○ Pool Manager - (to be hired) Coach Nick will serve as pool manager in the interim ○ Assistant Pool Manager - Keith Ramos, Keith has been teaching with iSwim Academy for over three years. He has served as pool manager in the past. ○ MPAC Welcomer - Alex Rodriguez - serves as liaison between the clients and the instructors. She welcomes the children to the pool, greets clients, and identifies who their instructor is. Alex has worked with iSwim for over two years. ○ Instructors - we utilize anywhere from 2-16 instructors to teach at MPAC each summer. Actual numbers are based on client demand and availability of instructors. 1.7.5.3 - Personnel Plan ● 1.7.5.3.1 - iSwim Academy schedules lessons weeks and months in advance. We serve multiple clients and geographic areas in Miami-Dade. During the summer months our number of instructors ranges from 15 to sometimes over 20 Instructors as assignments are based on need. In addition, we have nine years of experience and data servicing MPAC to utilize. The daily staff is as follow: ○ Manager or Assistant Manager at pool during operating hours ○ Welcomer at pool during operating hours ○ Instructors at pool as needed ● 1.7.5.3.2 - the data of record indicates an enrollment spike when the pool opens in April, especially if we open for the public school’s spring break. The numbers escalate for about two weeks followed by a lull for about a month. By the middle of May the numbers increase once again. The first week public school is out is the busiest week of the summer. iSwim Academy pulls instructors from the road and Carrollton to assist with the client numbers at MPAC. After the first week of summer the numbers stay reasonably consistent until school begins with a few lower weeks, ie: Fourth of July and the week before school starts. 36 125 37 ● 1.7.5.3.3 - Staffing plan is mostly based on need; however our staffing plan stays consistent throughout the summer, swelling or shrinking based on need and availability of instructors. The pool maintains a pool manager or assistant manager, welcomer, and as many instructors as needed. ● 1.7.5.3.4 - our main staff qualification is that an individual must like children and enjoy working with them. We can teach the methodology. If we are looking to hire a specific person, such as a team coach or water aerobics instructor, specific qualifications would be required along with knowledge of the skill and / or material. Our staff maintains a mostly part time status as we tend to hire college and some high school students for our instructor and welcomer positions. 1.7.6 Program Plan - iSwim Academy is switching models, not methodologies. In The past, we used a 5 straight days model. For several years, our clients not only have asked us to do two weeks back to back (which we often resisted), but have scheduled two weeks or more each summer. Our clients have asked and we have listened (finally). We are switching our format to a two week model, Monday - Thursday (8 days). We will also offer additional training / lessons on Friday and some Saturdays as a means to broaden our offerings and perspective of our clients. ● 1.7.6.1 - Swim lessons, fitness classes, seasonal training, clinics, other ○ Private lessons 1 on 1 training for ages 6 months and above. Private lessons are tailored to exactly what each student needs for survival or stroke improvement. ○ Group lessons consist of a 6 students to 1 coach ratio. Group lessons are somewhat tailored to each student. We try to divide our groups into similar skilled students; however, sometimes some students are learning new skills which others may not be able to handle yet. ■ 6-18 months with parent in water ■ 18-36 months with parent in water ■ 4-6 year olds, no parents (multiple skill levels offered for this age) ■ 6-8 year olds, no parents (multiple skill levels offered for this age) ■ 8-10 year olds no parents (multiple skill levels offered for this age) ○ Silver Sneakers - adult water aerobics - this will be somewhat new territory for iSwim Academy; however, we have witnessed the program run for several years from the pool and the deck. One of our own Ashley Spence has been an instructor for several classes as well. We have no plans of changing any of the classes or curriculum unless desired by the class. ○ Swim Fitness for Kids - water and land activities including swim training, laps,and exercises targeting specific skills and muscles necessary to 37 126 38 strengthen swim muscles. We have enlisted the help of CrossFit Cocoa Beach to create a curriculum of land exercises to use in conjunction with swimming laps. ○ Seasonal Swim Team / Training - targeted swim lap workouts with differentiated//separated by age and skill. 5-9 years, 10-16 years, 17+ ○ Swim clinics (Saturday free swim clinics) - we look to offer free clinics twice a month, on Saturdays, for the following classes: ■ For parents of infants and toddlers ■ For parents of toddlers and above ■ For adults who cannot swim ○ Other… - this is here to show iSwim Academy’s openness and willingness to add or adjust any of our offerings if needed. If anyone in the Parks and Recreation office has an idea or something “comes across their desk” and it looks like something would work and be fun at the pool, we are open and willing to try it. ● 1.7.6.2 Lessons are designed to meet the student at their level of competence. Our swim certificate identifies the specific skills to be addressed. Special needs in any of our instructional deliveries including children and/or adults are addressed on a 1-1 basis and, when needed, consultation with Coach Nick is arranged. In our case, meeting the needs of the community should be fairly easy. We have had a wonderful working relationship with representatives from the City of South Miami, the community at large, and the iSwim Team. The expectation should be more of the same with an openness to improve. ● 1.7.6.3 - iSwim Academy’s standards match or surpass any of the mentioned organizations supplied. These other organizations standards and / or curriculum can be found below: ○ American Red Cross: https://www.redcross.org/take-a-class/swimming/swim-lessons/kids-swim-l essons?srsltid=AfmBOorFF6-C_ezuCQpTndCWAFQzj1wkI1x9zbdneIjJyo szyFGO6aTN ○ Starfish Aquatic Institute: https://www.starfishaquatics.org/starfish-swim-school-brands.html#/ ○ Ellis and Associates: https://jellis.com/services/swim-instruction-programs/swim-levels ○ iSwim Academy: Our program is designed to take any level student, starting as early as 6 months old, and give them the skills and the confidence they need to have success in the pool and other bodies of water. The program is divided up 38 127 39 into 10 different levels. The instructor guides each student from level 1 to 10 with various exercises and games. Regardless of their level, iSwim Academy instructors will guide each student accordingly based on the curriculum. As each student begins to master early skills, the instructor will advance the student to the next level. If the student has been taught by iSwim before, the student will begin at the level they last achieved. The same is true for a student who comes to iSwim already possessing swimming skills. A certificate is provided at the end of the lesson showing the students progression and where they can be headed if lessons and practice continue. The certificate is attached below. 1. Wader a. Introduce the student to the water b. Have the student hold the wall unassisted c. Kick holding the wall and / or instructor d. Go underwater e. This is achieved by swims and jumps with the instructor or parent or other adult f. Average age 6-18 months old 2. Splasher a. Kick to the wall from instructor unassisted (approximately 10-12 feet) b. Sit and jump into the pool and return to the wall (instructor only assists on the entry jump, not the return to the wall) c. Go underwater holding breath d. Go underwater with eyes open e. Swims and jumps are achieved mostly unassisted f. Average age 18 months - 3 years old 3. Jumper a. Jump from wall and swim to instructor (arms and legs use and head down) b. Stand up on edge of pool, jump out into the pool, return to the wall unassisted c. Jump into deep end and return to the wall d. Blow bubbles e. Pick up dive toys on pool floor with assistance f. Average age 3-4 years old 4. Crawler a. Glide to and from the wall / instructor b. Prone swim using arm circles mostly out of the water c. Kneeling dive d. Take a breath 39 128 40 e. Float on back f. Jump in and swim minimum 30 feet with at least one breath using arms and legs and proper head position g. Average age 4-5 years old 5. Freestyler a. Prone swim arms above water and legs straight b. Breaths are on the side c. Standing Dive d. Pick up dive toys without assistance e. Dolphin kick f. 25 yard / meter proper freestyle g. Average age 5-6 years old 6. Backstroker a. Back float and glide b. Back swim using arms (underwater arms ok) c. Baskstroke with arms above water d. Backstroke with proper head position, toes pointed, and knees underwater e. Average age 6-7 years old 7. Butterflyer a. Butterfly pull with arms b. Proper dolphin kick c. Butterfly swim with breaths (proper arm / kick ratio 1 arm circle rotation for 2 dolphin kicks) d. Underwater swim 30 feet e. Average age 6-8 years old 8. Breaststroker a. Proper breastroke pull b. Frog kick and glide c. Breaststroke swim with breaths d. Pull, Breathe, Kick, Glide with proper timing e. Racing dives and flip turns f. Average age 7-10 years old 9. Survivor a. Sidestroke 25 yards / meters b. Elementary Backstroke 25 yards / meters c. Treading water 5 minutes d. Treading water with hands out of the water above head 5 minutes e. Average age 7-10 years old 10. Racer a. Freestyle 50 yards / meters 40 129 41 b. Backstroke 50 yards / meters c. Butterfly 50 yards / meters d. Breaststroke 50 yards / meters e. Average age 7-10 years old 41 130 42 42 131Swimming Achievement Award Presented to: Instructor iSwim Academy -Miami Date 43 43 132SwimmingSkills SPLASHER Met to woiY fra.m tistrudprunossisted St ondjurrfp into poor and return to woA' Q Go imdenyo tended hreat.1 Go underwater iwLh eyes ope.1? Q Swims ono jumps OLVnered mostly unassisted fHAkVLEfl Glife to ooc1 from waCr feline swim using atm cities |"1 Take o hreodt dwtng prone swim Q Hoar on back Swim 30 fleet with breatri 0 Introduce are JUMPER “]Jump from wnO ano swjw ro insirucrar forms and legs used and need oownj Q Jump into the pooi ono return ro trail unassisted 'I Prkupdive cays an pool Nao,'with ossMance Q InPoouce Pack float WADER !_J ntruLUcr stuUM to nr ["]fraieitucWnt imWwtiVw.rjMisted H KdrtriUfipg mriaid/driMnurtDr Co iMflteviiiffl'Ber is iuidjiiTr^s i-raEnjcEur nr ohS*?aafalt FREESTYLER Q Prcmr swim arms ahaur waWr and lags straight SVmrtS oat an rhr Suit StOrtrUrag iTiuc Fl Prt up <fre CpfS wjrripur pssistonrr Q ^O^ptiin t'.Yi BAC.K5TROKER Q Bart smm tw.ig amis (linarrwoTP'CWts o^0 BortsfrpJce'wita non;pfipue wpfiy Q Bartsfrokr witfi pcooer head pos'tina. toes pcwitrti and tnecs oncCerwatr' BUTTERFLYER (lulttr^pn1.1 wifri ermj Proper daftihin V\Jr Q fluttcrt^'Sffltn rdth brreths Q Propio arrtt/kitknitiCi 1 tirm pvtlr rotation frir 2 Mphin Jrrt*5 SURVIVOR O fjOesmoCie EJemmtwy Backstroke O fri’j'jinp water 3 minutes Q Treadno water with Jtcnds out of water aboue Pead 3 mmtes RACER Cl freestyle 50 yards BarJtsfraJce 50 yards O Butterfly SQ yafas Q Sreaststrake SO ywtls Ctaang £Vi/e /Flip Turns SAFETY TIPS FROM i$WIM MElffiPiS*V£A CHUG ImATTSKDs 0 H^JfjWOtW Root hfmoveall reus mow peer wiicn flMlSHEJJiSjWMMllWS am jrf.HFETr rriucr Off dtmer dewces BSFOfiF i.FAVUJG BREASTSTROKER E^bpwbrfostsfroflrisj^ |~~|frag JcicJr and ^lidc Q ffrea'jtstrdte swin with breutns Q Pul1.Pmafric K'rlr,Glide with pnoper timing JUST FOR FUN -S£JpJh CiraCh-Tree fpll -CiYinon han jump -U'xterwoter swim -poof lent}th ^Sujlm ACADEMY 44 1.7.6.4 - Equipment List (provided by iSwim Academy) ○ Flippers ○ Kick boards ○ Goggles ○ Dive toys ○ Pull buoys ○ Hand paddles ● 1.7.6.5 - Customer Service approach - Numerous means of communications (designated phone line for MPAC; text messages; emails; 1-1 at site) are available to all clients from initial greeting to close of lesson. Experience has indicated that clients prefer the “human”interaction particularly in the explanation of the iSwim methodology and curriculum which is easily identifiable via the certificate. Our relationship with our clients has a tendency to get more personal than most organizations. We prefer to treat our clients like a trusted friend. The vast majority of our clients are fantastic humans and we like to think we treat them that way. ● 1.7.6.6 - Registration Process - Our process begins with an “info gathering” document which includes all necessary information in order to arrange the best lesson approach for the child. It is completed by the parent or guardian and includes the following: parent information - full name, phone and email; child information - full name; birthdate; any special needs etc. In addition, parents can request desired weeks, times etc. and when possible a specific coach. This design is efficient and maintains “human” contacts with our clients. We can be reached via phone call, text message, email, instagram contact, on the pool deck, and more. ● 1.7.6.7 - Scholarship info - iSwim will sponsor a minimum of 10 scholarships to clients who are identified by the City of South MIami as in need of assistance. HIstorically, funds were generated via grants from USSA and donations from the local Rotary club. When those funds no longer became available, iSwim Academy donated the lessons as requested and/or needed. The most advantageous channel is through our liaison with the city. That direct access to those in need of assistance can be identified. We operate an open and diverse program open to all interested individuals. In addition, iSwim sponsors students through Gift Certificates as requested by various church/school organizations and, annually, through Santa’s Helpers. 44 133 45 ● 1.7.6.8 - Supervisory approach - First and foremost, Coach Nick leads by example. Whether it is picking up trash around the pool, cleaning the bathrooms, acting as a sub lifeguard for a bathroom break, or teaching the hardest class in the pool, Coach Nick is willing to do what anyone else is asked to do at the pool, and often does. Secondly, we prefer to properly train to start, understanding growth is a part of the job, and offer suggestions at the end of the day. Finally, we prefer less of a micro management approach. Watch what is going on like a fly on the wall, unless there is a gross error occurring, subtle adjustments as we teach seems to be most effective. ● 1.7.6.9 - Organizational approach - our scheduling goals are to fill our instructors' available calendars. We are still collecting data as to when our instructors will be able to get back into the pool and some remain to be hired. To put it in simple terms though, there are 3 sections to the pool availability. The sections are afternoons before school ends, the summer weeks, and the final weeks once school starts again. In April and May we hope to fill 3-4 instructors for approximately 6 lessons each. These lessons are 30 minutes long and cover a two week period. In the summer weeks we try to grow to 8-16 instructors teaching the same 6 lessons each per day. Finally, once school starts again we try to fill 2-3 instructors 6 lessons each day. The anticipated pool usage is only used during the time of our offering of swimming lessons and other aquatic activities. ● 1.7.6.10 - Promotion and Advertising strategy-iSwim Academy offers information through multiple sources including but not limited to social media outlets, City of South MIami brochures, flyers, and most significantly, client satisfaction and therefore client referrals. We also participate in various holidays, summer camp, and other events hosted by cities like South Miami and Miami. Mostly we partner with Miami Kids Magazine to help us stay in touch with the pulse of swimming Miami. ● 1.7.6.11 - Retention strategy - iSwim maintains an open and relatable relationship with our clients at all times. Office personnel are available via phone, texts, and emails. Staff, particularly the instructors and pool manager, are accessible to speak with clients and advise them of their child’s progress and swim skills, as well as recommend what might benefit the child following the completed lesson. At all times, Coach Nick will talk and / or meet with any of our clients. Lastly, we believe we let our body of work be the greatest reason clients want to come back. We are in the business of caring for children and 45 134 46 participating in the assistance of keeping them alive. We do not take that lightly, and our clients recognize that. 1.7.7 Price Proposal ● Contribution to city - refer to “Form 7 - Price Proposal” for more detail. ○ Year 1 $10,000.00 ○ Year 2 $11,000.00 ○ Year 3 $12,000.00 ○ Year 4 $13,000.00 (optional year) ○ Year 5 $14,000.00 (optional year ○ Total Five Years $60,000.00 ● Registration fee - In the past, this has not been applicable / required with our lesson cost format. This was eliminated when iSwim assumed the registration process from the City of South Miami. We have not designated a differentiation between residents and non-residents in the past. Both options will be shown. ○ Group Swim Lessons Residents $100 / Non $120 ○ Private Swim Lessons Residents $400 / Non $480 ○ Swim Team / Swim Fitness (per class) Residents $12.50 / Non $15 ○ Group Swim (Fri / Sat - per class) Residents $12.50 / Non $15 ○ Private Swim (Fri / Sat - per class) Residents $60 / Non $75 ○ Aquatic Fitness / Silver Sneakers SAME PRICING AS PAST ○ Saturday Clinics FREE 1.7.8 Safety Record - while most places online will show a 6:1 student to instructor ratio, there are also 8:1, 10:1, and 12:1. iSwim Academy will maintain a 6:1(or less) student to instructor ratio for all group classes. Swim training, swim teams, and water aerobics classes will be based on the skill level of students; ratio may be higher than 6:1. In addition, we have worked closely with the city’s liaison regarding any safety issues which may arise or are in need of attention relative to our clients etc. ● 1.7.8.1 - Coach Nick, along with several staff members are Lifeguard certified, CPR Certified, and AED Certified. See attached certifications for Coach Nick. Other staff members' certifications can be supplied at the City’s request. ● 1.7.8.2 - Non-Applicable ● 1.7.8.3 - Non-Applicable ● 1.7.8.4 - Non-Applicable 46 135 47 47 136American Red Cross Training Services Certificate of Completion Nick Bevilacqua has successfully completed requirements for Lifeguarding with CPR/AED for Professional Rescuers and First Aid Dale Completed:4/14/2024 Validity Period:2 Years Conducted by:City of South Miami To verify certificate,scan code Or visit ledcross org/cfigitalcertificate and enter ID Learn and be inspired at LitesavingAwards org Q1H9KMF 48 48 137+American Red CrossjTrainingServices CEU Nick Bevilacqua has successfully completed requirements for Date Completed 4/14/2024 Contact Hours:28.5 CEUs Awarded:2.9 Learn and be inspired at UfesavmqAwards.org 49 1.7.9 Insurance Certificates ● 1.7.9.1 - See attached General Liability Insurance Certificate (please see below) ● 1.7.9.2 - Workman’s Compensation and Employer ’s Liability - iSwim Academy does not employ persons at this time. All of our staff are individually contracted. Due to the seasonal and part time nature of our business, along with allowing our coaches to create their own schedules, we do not maintain traditional employees. ● 1.7.9.3 - Business Automobile Liability - N/A ● 1.7.9.4 - Sexual Abuse & Molestation Liability - we do not carry this on our policy. We would have to obtain this if required by the City of South Miami 49 138 50 50 139 a,c:ord CERTIFICATE OF LIABILITY INSURANCE REVISION NUMBER:COVERAGES CERTIFICATE NUMBER W024 15397 ACORD 25 (2O15?O3) THIS tS TO CERTIFY THAT THE POLICIES OF INSURANCE USH B 66 LOW HAW bf.EN ISSUED TC THE INSURED NAMED ABOVE I OR IMt POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OH CONUHUN ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT K1 WHICH THIN CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED 0*Utf POLiOES DESCRIBED HEREIN iS SUBJECT TO AIL THE TERMS EXCI UNIONS ANU CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY IAVE BEEN REDUCE D HY PAifi CLAIMS INSURED Nrchofas Bevilacqua DBA iSwim Academy 210 Seaview Df »r412 Key Biscayne FL 33149 A Member of the Sports,Leisure A Entertainment EPG DESCRIPTION GF OPERATIONS i LOCATIONS .VEHICLES I ACORD 10»Acktm^rjl Nwnarxs ecnnduta.ma*ba MtBCHetf •*«R9C«•»mqMmidl instructor of Football SwunmniQSportsinstructionconductedallocations that are NOT owned gi operated by the instructoi The certificate noIde?-s added as an additional insured tut only fry flamiity causeti -n whale ar m»part by the nets or omissions of Itie named insured DATE iMMi'DDJYYYV I 03/26/2023 Coverage »only ewenrled tn U S-EWHtte and Adivilies ”NOTICE TO TEXAS INSUREDS:The insurer tor the purmasing group may not be sutjed to a.l tne «nBiirwv»«aws and regulations nt the Sialo of Iexas THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND COMBERS 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 INSURERS AUTHORIZED REPRESENTATIVE OR PRODUCER.AND THE CERTIFICATE HOLDERIMPORTANT:If the certificate holder is an ADDITIONAL lN§Uh£ti,the policyOes)must have ADDITIONAL IN^UR^D provisions or be endorsed.If SUBROGATION IS WAIVED,subject to (he 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 PRrtDnCER K&K Insurance Group Inc 1712 Magnavox Way Fort Wayne IN 46604 5?«98«-ZO15 ACORD CORPORATION All nghta reserved The ACORD name ami logo are registered marks of ACORD CONTACT HAME Mass Merchandising Underwriting PHONE[JUC,No.fcxll 1-800-506-4056 Xc.Noi 1-260*459-5502tMAIL ADDRESS info@titnessinsuranceAK com FWobUCtecustomer id INSURER'S)AFFORDING COVERAGE NA»C» INSURER A Nationwide Mutual Insurance Company 23787 INSUHEN W INSURER C: INSURER 0 INSURER fc INSURER F. INSALTD TYPE or IN 5UR -NER ANCE r^rTTTi POUCV NUMBER roJcvEn-iMUWrTVYY) policy^ (MMlDDrYYTYI LIMITS A X COMMERCIAL O!AL LIABILITY X 6RRPGrKXWT»?HIL3700 06'0472023 12.01 AM EDI 0694/2025 1201 AM ^ACh Of.r.ilRRfNCr $1 DUO,000 clammatt X ocLun t AM4-?J rrFREMSsS RFHTTDEaOcc=nanrfi ,51.000,000 MED tW {Ary r»»nari 55.000 FEKSUHAL 4 AW 'N "'RY $1,000,000 GENERAL A^GHEGAfh per year S5 0DC.000 an*.ATWRruATr .imtf applies per PMODUCfS ACtL per year $1 000.000 —t-OUCr OTHCR _^T [FHOFt-SfiiONAI IIAHIIJTY $1 000,000 LFGAl LlAfiTGFARTfClFAME $1,000,000 AUTOMOBILE L ABILITY f.riMHINMi iFh azznsni SiF IF> iGt E A iMl* any ai rm OWNED AU OILYHIREDAin-qs 3N Nin prov DZDILYINJI ro« Ly 11*0 SCHFIjlkFuautOsNOH^VWThAuto?n»n* ^HAWAM 53011V INJURY .Hn 3—-rr— WUL “Hi.lPE«TV OAMAGF •■pafs^wViAii UMBRELLA EXCESS LI GEO P LIAS Ki OCCUR LLAMAS-MAUI »N Facii AGGREGATE HHFNT4I WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANY.IE 10«jPAmNE f»<v '*LMEuuHVE0r+iCHW£M8Fh f 1rA^KTEnt JMamtstary In NHl , 1'-v»i'lROPFRATlDNSatu* N/A El PAVHATCCIENT hi ireau rxrMPiCTFE 71 OSCAiE-POLICY LiMII MEOiCAL PAYMENTS FOR PARTICIPANTS FHHMRY MFCCAL i XITliKMEEll AL City of South Miami 6 130 Sunset Dr South Miami FL 33314 (QwnerfLessor cf Premises) SltOULg A~NY OF THE ABOVE bSSCRtBED POLICIESBg ^AWCgLL^BEFORE THE EXPIRATION DATE THEREOF.NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS AUTHOmZED REPRESENTATIVE 51 51 140 POLICY NUMBER.6BRPG0O000O78832O0 COMMERCIAL GENERAL LIABILITY CG 20 28 04 13 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endoisement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization(s) City of South Miami 8130 Sunset Or South Muwm.FL 33314 Named Insured Nicholas Bevilacqua DBA iSwmi Academy Information required to complete this Schedule if not shown above,will be shown in the Declarations A.Section II -Who Is An Insured is amended to include B. as an additional insured the person(s)or orgamzation(s) shown in the Schedule hut only with respect to liability for 'bodily Injury’’"property damage’or personal and advertising injury”caused in whole or in part by yout acts or omissions or the acts or omissions of those acting on your behalf 1.In the performance of your ongoing operations or 2.In connection with your premises owned by or rented to you However 1.The insurance afforded to such additional insured only applies to Ihe extent permitted by law and 2.II coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not tie broader than that which you ere required by the contract or agreement to provide for such additional insured With respect to the insurance afforded to these additional insureds,the following is added to Section III -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance 1.Required by the contract or agreement;or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations CG 20 26 04 13 ©Insurance Services Office.Inc.2012 Psge 1 of 1 52 1.7.10 Additional Information ● N / A 52 141 53 53 142 E-VERfFA AEHOAV IT In accordance with Section ‘148.095.Florida Statutes,llie t tty requires all contractors doing business w Ith the I.it) to register with and use the E-Verify system to vetdy the work authorization status ol all newly hired employees pic City will not enter into a contract unless each parts to the contract listers with and uses ths'F -Verily system The contracting entity must provide of its proof of enrollment tn E-5 erify.I or instructions on how to provide prosit til the contracting entity s participation cniullment in F -Verily please visit:https:wwwx- verity guv fim<how -do-i-tifvw ide-nroo1-ol-iiiv-n.trtiv millioncnrollmrnt-m*e?verify By signing below the contracting entity acknoss ledges that il has read-Section 448 (195.Florida Statute-tnd will Comply w ilh the l_-Verity requirements imposed by it.including hut not limned to (ibuiuimg E-Verify affidavits from subconlraclors. ‘Cheek here to confirm proof of enrollment in E-Verify hits been attached Io this Affidas il. i c-s jname of person) ante Notary Public I Prtni Stamp,or Type us Commissioned) -Pfrsouaily known Io me.or \s Produced identification (Type id Identification .Did take an oalii tn m*«>a*A»SC Jiisn’M*H^lVFuMir lUleaftijori jCrarmauer*-h »rr -V Uy Wnr tern -<Kjr v of party on hr , IhiHu^gi’ine instalment was acknowledged bcJorcuie bv means of kfplivsic.il presence or online itarization, lhiU/1 day ol r^OLMAZ'20 bv A/<4Ntlfr )!■ as (type of authority i for I Did not lake an oath 62 .1mi 54 54 143 E Verify Company ID Number:2613551 Approved by: Employer (Swim Academy Name (Please Type or Print) Nicholas Bevilacqua Title Signature Date Electronically Signed 01/27/2025 Department of Homeland Security -Verification Division Name (Please Type or Print) USCIS Verification Division Title Signature Date Electronically Signed 01/27/2025 Page 1 3 of Iff Verify MOU for Employers |Revision Date 06/01/13 55 55 144 E Verify S 0 Company ID Number:2613551 Information Required for the E-Verify Program Information relating to your Company: Company Name iSwim Academy Company Facility Address 210 Seaview Dr 412 Key Biscayne.FL 33149 Company Alternate Address County or Parish MIAMI-DADE Employer Identification Number 471675821 North American Industry Classification Systems Code 611 Parent Company Number of Employees 1 10 4 Number of Sites Verified for 1 aiteis) Page 14 of 1/E-Verify MOU fur Employ?"|Revision Date 06/01/13 56 56 145 E Verify Company ID Number:2513551 Information relating to the Program Administrator(s)for your Company on policy questions or operational problems: Name Phone Number Fax Email Nicholas Bevilacuua Z865866 148 <nfo®iswimsorm com Page 16 of 17 fc-Verity MOU lor Employers |Revision Date '.m.01,13 57 57 146 AFFIDAVIT ATTESTING TO NONCOE 1«IS L CONDI (I FOR LABOR OR SERVICES Effective July 1,2024.Section 787.06,Florida Statutes,a nongovernmental entity executing, renewing,or extending a contract with a governmental entity is required to provide an affidavit, signed by an officer ora representative of the nongovernmental entity tinder penalty ol penury, attesting that the nongovernmental entity does not use coercion lor labor or services ns defined in Section 787,06(2 )(a).Florida Statutes. By signing below I hereby affirm under penalty of perjury that: I .I have read Section 787.no.Florida Statutes,and understand that this affidavit is provided in compliance with the requirement that,upon execution,renewal,or extension of a contract between a nongovernmental entity and a governmental entity .the nongovernmental entity must attest to the absence of coercion in labor or services. 2 I am an officer or representative of )$U3Vrh .a nongovernmental entity . a jStsnry ^Co.eL»>sy does not use coercion lor labor or services as defined in the relevant Section of the law. In the presence of I nder penalties of perjury,I declare that I have read the foregoing and the facts State of 1 lorida '.. County ol JiwH fY)I |yL/tCA- <>l L4^rm>ical presence or J online.20 t AjidvforSworntotoraffirmed)imd subscribe 2 me by means ol i name of person I as I )tl.(ly pc of aulhi 'ri ly )for flMh i?iff i ffiff if.ha I f of w horn 'Tstrument is executed). Notary Public t Print.Stump,or Tyre as Commissioned) maria >umo hooey Putin SiM«sf's«uaC:<rwiwor »HH AOJAZa'u,Com*EmireiAu,8.2027 Personally known to me;or *'^Produced identification (Type of Identification l.^nt^> Did take an oath:or Did not take an oath 63 <>t 70 58 58 147 AFFIDAVIT REGARDING PROHIBITION ON CONTR ACTING \\ITH ENTITIES OF FOREIGN COL NTRIES OF C ONCERN Pursuant to Section 287.138.Florida Statute^which is expressly incorporated herein by reference),a governmental entity may not knowingly enter into a contract with an entity which would give access to an individual's personal identify ing information il (a)the entity is owned by ethe government of a foreign country of concern:(b)the government of a foreign country of concern has a controlling interest in the entity ;or (c)the entity is organized under the laws of or has its principal place of business in a foreign country of concern. ("entity”)docs not meet anyUa of the criteria in paragraphs (2)(a This affidavit must be completed by an officer or representative of an entity submitting a bid. proposal,or reply to.or entering into,renew ing,or extending,a contract w ith a governmental entity which would grant the entity access to an indiv iduufs personal identifying information. In the presence of: Withess#!Pri Witness *2 Print Nome:t*vza OATH OR AFHRMAT1ON I ndcr penalties of perjury.I declare that I have read the foregoing and th<facts stated id it arc true: State of Florida County of puami Swm io (or affirmed)and subscribed before me by means of notarization.this T^das of •- (name of person)us (tvpe of authortlv I forftfyl/jj^ryfname of party on behall of whom instrument is executed) Notary 'Public <Print.Stamp,ot T pc as Commissioned) Personally known to me;or ri _।tXl’roduccd identification t I ypc ol klentincatlon:p /1 6*1*«-<-i Did lake an oath;or Did not take an oath 64 «t 7» 59 59 148 ATTACUMEN I H DEC LAR ATIOX/A1 FIDAMT OF REPRESENT \HON Tilis affidavit is not required for compliance with rhe Ob’s SoRcilaliim:however it may he used to avoid the need to register member,ol your presentation team ns lobby Isis Pursu.mi to City Ordinance ’8-44-2206 (c)(9).any person who appears as a representative for an individual or firm I'm an oral presentation before aI ily certification,evaluation, selection,technical review,or similar committee must list on .in affidavit provided by the City stnIT.all individuals who tnay make a presentation.I he affidavit must Ite filed by staff vv ith the Clerk's office al Ilie time the committee •. proposal Is submined to the City Manager.I or the purpose of this subsection only,the listed members of the presentation team,w ith the exception nt any person olherw ise required Io register as a lobby ist.must not be required to pay any registration fess.No person may appear belore any committee on behalf of an anyone unless he or she has been listed ax pan of the linn’s presentation team pursuant to this paragraph or unless he 01 she is registered with the City Clerk's office as a lobbyist and has paid all applicable lobby ist registration fees Pursuant to ’92325(21.Florida Statutes,rhe undersigned tJulob takes the following declaration under penalties at perjury: Listed below arc all individuals who may make a presentation on behall ol the entity that the affiant represents in connection with Request lor Proposals (RI Pi No.PtUoCt-l? Please note:No person may appear before any committee on bchnlt of anyone unless he or she has been listed as part of the linn’s presentation team pursuant to this paragraph ur unless he or she Is registered with the (lerk’s office as a lobbyist and hits paid all applicable lobbyist registration fees. Foi the purpose ol this Affidavit of Repiescnulhm only,the listed members of the presentation team,with the exception of any person otherwise required to register as a lobbyist,w ill not be required to pay any registration fees Ihe Affidavit ol Representation must he filed w ith the City Cleik’s office al the time the committee's proposal is submitted to the City as pan of the procurement process I hder penalties of perjury.I declare that I have read die foregoing declaration and that die facts stated in it arc true and specifically that die pel sons listed above are the members of Ilie presentation team of the entity listed below. SIAIfOF FLORIDA COIMYOF I he luregiutiL Instrument was acknowledged before me bvjjieans of sical presence or online notarization this 7-r dov of.20 hv A/1 ClSjL IftC on behalf of JZI&l (WK,_~.She(HJ is personally known in me or SHfiisproduced MA/j /1 Xv'1 1(mUs as identification Print Name 65 nt ’0 Tabulation Sheet Agency Name City of South Miami Bid Number RFP-(RFP) No. PR2024-18-0-2024/SK Bid Name YOUTH AND ADULT SWIM LESSON AND AQUATIC FITNESS PROGRAM MANAGEMENT Bid Due Date 01/28/2025 10:00:00 Eastern Bid Opening Closed 2 responses found.online, offline, not submitting, not received Company Responded Address Bid Amount Alt Bid Amount Declared Attributes Documents Sent Complete 1 .iSwim Academy 01/27/2025 17:08:42 Eastern 210 Seaview Dr., 412, Key Biscayne, FL, 33149 $60000.0000 0.0000 Bidding Document 2 .Little Swimmers 01/28/2025 09:39:25 Eastern 10860 SW 124 Road, Miami, FL, 33176 $10000.0000 15000.0000 Bidding Document 149 22 22 150 FORM 7 PRICE PROPOSAL Proposer's Price Proposal includes three components;1 1 1 the I acilhy Contribution to the City to offset the cost of the facilities;(2)registration lees to be charged to participants receiving the Services under the City's Youth and Adult Swim Lesson and Aquatic I itness Program (the "Program")at the Murray Park Aquatic Center ("Park"),and (s)the proposed base number of scholarships to be offered to City residents on a need-basis as part of the Sen ices. A.Annual Facility Contribution to the City.I he Proposer must be willing and able to fund the cost of facilities (including park infrastructure,maintenance,staffing,and park capital investment)used for the City 's Program al the Park YEAR PROPOSED FAC1LITA (ONTR1BI 1 ION* AFAR 1 S IO.666.OC> A E AR 2 A EAR 3 s Aflfl dO OPTION A FAR 4 5 <5 0 OPTION A EAR 5 *606-60 TOTAL FIVE YEARS S ^b.660.^0 -HIE PROGRAM PROMDER'^PROPOSED l AClim (OXIRIBl IIOS FEF SHALL NOT BE¬ LOW I R THAN Sin.utitl I OR A EARS 1 .J A XD <11 Aid NOI BHf LOW ER 1 HAS SI 1 300 PER A EAR I OR A F ARS4 -5. B.Proposed Registration Fee Structure.Proposer’s registration fee structure is the sole compensation from the (ity to the Proposer lor lite providing the Program,and shall include the Proposer's profit margin and cover nil overhead costs,mcludm .without limitation,the cost of all labor,equipment.kits,marketing tools,licenses,ce.lificalions. supervision,maintenance,couches,fuel,delivery costs.Irav cl lime,per diem expenses,and any other miscellaneous expenses.I he rules specified below shall be in el leer for Year 1 A written proposal amending the rates below must be submilled to the C its Manager or designee lor review and approval at least sixty (60)days prior to the comtnen.cincnt of the Proeram in future years.No tees other than those shown below will be caurged to participants. Program Description Base Rate Registration Fee Non-Resident Base Rate Registration Fee City Resident (20%Reduction) Group Swim l essons (M-F)$JJOOb $/60 60 Private Swim Lessons (M-F)s ^^6.00 s ^66.6G Group Swim Lessons (Sat )$/<9.6)0 44 ofTO 23 23 151 Private Swim Lessons (Sal.)s £0.00 Aquatic 1 itnessiMAV F Sal.)s untMun at S v»mo Aquatic Fitness <1 u.1 h.)$p C.Scholnrship Contributions.Lach Proposer must offer a base number ol scholarships to he provided to City Residents on a need-basis as pan of the Sen ices. Program Description Base Number of Scholarships for Citv Residents* (iroup Sw im 1 xssons i M-l )10 + Private Swim Lessons IM-F).0 Group Sw im Lessons (Sat.|IO + Privtac Sw im 1 essons (Satj Aquatic 1 itness (M W 1 Sat.i Aquatic Fitness (To Th.) I HI SI MHEROF SCHOLARSHIPS TO RI PROVIDED B\I HF PROPOSER sHAU.BE SO LESS TH \S |HSf HOI ARSHIPS ASM .ALL V 152 FORM 7 PRICE PROPOSAL Proposer’s Price Proposal includes three components:(1)the Facility Contribution to the City to offset the cost of the facilities;(2)registration fees to be charged to participants receiving the Services under the City’s Youth and Adult Swim Lesson and Aquatic Fitness Program (the “Program”)at the Murray Park Aquatic Center (“Park”);and (3)the proposed base number of scholarships to be offered to City residents on a need-basis as part of the Services. A.Annual Facility Contribution to the City.The Proposer must be willing and able to fund the cost of facilities (including park infrastructure,maintenance,staffing,and park capital investment)used for the City’s Program at the Park. YEAR PROPOSED FACILITY CONTRIBUTION* YEAR1 IO6© YEAR 2 $5^^,^YEAR 3 $S.a&o.bQ OPTION YEAR 4 $/2,Ote*60 OPTION YEAR 5 $iSs oo &a 60 TOTAL FIVE YEARS $4Z *THE PROGRAM PROVIDER’S PROPOSED FACILITY CONTRIBUTION FEE SHALL NOT BE LOWER THAN $10,000 FOR YEARS 1 -3 AND SHALL NOT BBE LOWER THAN $11,300 PER YEAR FOR YEARS 4 -5. B.Proposed Registration Fee Structure.Proposer’s registration fee structure is the sole compensation from the City to the Proposer for the providing the Program,and shall include the Proposer’s profit margin and cover all overhead costs,including,without limitation,the cost of all labor,equipment,kits,marketing tools,licenses,certifications, supervision,maintenance,coaches,fuel,delivery costs,travel time,per diem expenses,and any other miscellaneous expenses.The rates specified below shall be in effect for Year 1. A written proposal amending the rates below must be submitted to the City Manager or designee for review and approval at least sixty (60)days prior to the commencement of the Program in future years.No fees other than those shown below will be charged to participants. Program Description Base Rate Registration Fee Non-Resident Base Rate Registration Fee City Resident (20%Reduction) Group Swim Lessons (M-F)$/50.6#$126^6^ Private Swim Lessons (M-F)$$lib,00 Group Swim Lessons (Sat.)$30.00 $00 44 of 70 153 Private Swim Lessons (Sat.)$$3 09 Aquatic Fitness (M/W/F/Sat.)$$ Aquatic Fitness (Tu./Th.)$$'52^61} C.Scholarship Contributions.Each Proposer must offer a base number of scholarships to be provided to City Residents on a need-basis as part of the Services. THE NUMBER OF SCHOLARSHIPS TO BE PROVIDED BY THE PROPOSER SHALL BE NO LESS THAN 10 SCHOLARSHIPS ANNUALLY. Program Description Base Number of Scholarships for City Residents* Group Swim Lessons (M-F)5 Private Swim Lessons (M-F)3 Group Swim Lessons (Sat.)S Private Swim Lessons (Sat.)& Aquatic Fitness (M/W/F/Sat.)5 Aquatic Fitness (Tu./Th.)5 Title: Date: Firm:_La-VW-C Authorized Signature: Print or Type Name:AWyd 45 of 70 PROPOSER J. TYSON S. MESA A. GRAUPERA SCORES TOTAL RANK iSwim Academy 93 100 100 293 1 Little Swimmers 89 95 89 273 2 Respondent Scores & Rank EVALUATION SCORE & RANK February 25, 2025 RFP2024-18 AQUATIC SWIM LESSONS 154 South ‘Miami THE CITY OF PLEASANT LIVING 155 156South’’MiamiTHECITYOFPLEASANTLIVINGEvaluationScoringSheetProcurementDivision6130SunsetDriveSouthMiami,Florida33143(305)663-6339www.southmiamifl.govRFPTitle:YOUTH&ADULTSWIM&AQUATICFITNESSPROGRAMMANAGEMENTRFPNo.:PR2024-I8DIRECTIONS:Pleasescoreeachfirm,foreachspecificcriteriaprovided.Scoringisbasedoneachcriterialistedbelowwithamaximumscoreforeachcriteria.Thetotalscoreforeachproposeriscalculatedbyaddingeachcriteriaforatotalscorebyproposer.Themaximumscoretotalscoreforeachproposeris100points;withanadditional25pointsforanOralInterview,ifscheduled.TheOralInterviewscoreshallbeaddedtotheEvaluationCommitteesFinalScoreforeachproposer.CriteriaiSwimAcademyLittleSwimmersI.FirmQualifications&ExperienceEvaluatetheexpertise,reputation,andprofessionalqualificationsoftheproposingfirmandtheassignedProjectManager.Thisincludesverificationofrelevantlicenses,certifications,andpermitsnecessarytoprovideaquaticservices.Specialconsiderationisgiventoevidenceofcontinuousoperationforaminimumoffiveyearsoraffiliationwithanestablishedprofessionalaquaticprogrammingfranchise.Assessthefirm'shistoryandsuccessfulexperienceprovidingaquaticprogrammingservices,especiallyforgovernmentalentitiesofcomparablesizeandneeds.Emphasisisplacedonprojectsinvolvingcommunity-focusedswimandfitnessprograms.MAXIMUMPOINTS:4037352.PersonnelQualifications:Examinethequalifications,expertise,andexperienceofkeystaffandsubcontractors.Thisincludesevaluatingresumes,certifications,theorganizationalstructure,andtheProposer'sPersonnelPlanMAXIMUMPOINTS:20It3.ProgramPlan:AnalyzetheProposer’sdetailedProgramPlan,coveringthestructureandscopeofyouthandadultswimlessons,aquaticfitnessprogramming,participantregistrationprocess,equipmentprovision,andoverallorganizationalapproach,includingsupervisorypersonnelapproach.Assesspromotionandadvertisingstrategies,customerserviceapproach,andplansforneed-basedscholarships.MAXIMUMPOINTS:252320Page1of2 1574.PriceProposal:ReviewthecompetitivenessandclarityoftheproposedannualfacilitycontributiontotheCityandtheregistrationfeestructureforbothresidentandnon-residentparticipants.Considerhowwellthepricingalignswithmunicipalstandardsandcommunityaffordability.MAXIMUMPOINTS:10|0105.SafetyRecord:AssesstheProposer’ssafetyprotocols,compliancerecord,andlitigationhistoryoverthepastfiveyears.Considerdocumentedswimmer-to-instructorratios,firstaidtraining,andinjurypreventionmeasures.MAXIMUMPOINTS:55Score:^3aqIntierviewScore;Max25Points:00FINALSCORE:«13AdditionalComments:Reviewedby:(PrintName)Page2of2 158South’’MiamiTHECITYOFPLEASANTLIVINGEvaluationScoringSheetProcurementDivision6130SunsetDriveSouthMiami,Florida33143(305)663-6339www.southmiamifl.govRFPTitle:YOUTH&ADULTSWIM&AQUATICFITNESSPROGRAMMANAGEMENTRFPNo.:PR2024-I8DIRECTIONS:Pleasescoreeachfirm,foreachspecificcriteriaprovided.Scoringisbasedoneachcriterialistedbelowwithamaximumscoreforeachcriteria.Thetotalscoreforeachproposeriscalculatedbyaddingeachcriteriaforatotalscorebyproposer.Themaximumscoretotalscoreforeachproposeris100points;withanadditional25pointsforanOralInterview,ifscheduled.TheOralInterviewscoreshallbeaddedtotheEvaluationCommitteesFinalScoreforeachproposer.CriteriaiSwimAcademyLittleSwimmersI.FirmQualifications&ExperienceEvaluatetheexpertise,reputation,andprofessionalqualificationsoftheproposingfirmandtheassignedProjectManager.Thisincludesverificationofrelevantlicenses,certifications,andpermitsnecessarytoprovideaquaticservices.Specialconsiderationisgiventoevidenceofcontinuousoperationforaminimumoffiveyearsoraffiliationwithanestablishedprofessionalaquaticprogrammingfranchise.Assessthefirm'shistoryandsuccessfulexperienceprovidingaquaticprogrammingservices,especiallyforgovernmentalentitiesofcomparablesizeandneeds.Emphasisisplacedonprojectsinvolvingcommunity-focusedswimandfitnessprograms.MAXIMUMPOINTS:40372.PersonnelQualifications:Examinethequalifications,expertise,andexperienceofkeystaffandsubcontractors.Thisincludesevaluatingresumes,certifications,theorganizationalstructure,andtheProposer'sPersonnelPlanMAXIMUMPOINTS:20//3.ProgramPlan:AnalyzetheProposer’sdetailedProgramPlan,coveringthestructureandscopeofyouthandadultswimlessons,aquaticfitnessprogramming,participantregistrationprocess,equipmentprovision,andoverallorganizationalapproach,includingsupervisorypersonnelapproach.Assesspromotionandadvertisingstrategies,customerserviceapproach,andplansforneed-basedscholarships.MAXIMUMPOINTS:252^^20Page1of2 15910MAXIMUMPOINTS:5measures.(00Reviewedby:AdditionalComments:theandPriceProposal:ReviewthecompetitivenessandclarityoftheproposedannualfacilitycontributiontotheCityandtheregistrationfeestructureforbothresidentandSafetyRecord:AssesstheProposer’ssafetyprotocols,compliancerecord,andlitigationhistoryoverthepastfiveyears.Considerdocumentedswimmer-to-instructorratios,firstaidtraining,andinjurypreventionScore:InterviewScore;Max25Points:FINALSCORE:non-residentparticipants.Considerhowwellpricingalignswithmunicipalstandardscommunityaffordability.MAXIMUMPOINTS:Date:7^2^22(PrintName)Page2of2 160South'*MiamiTHECITYOFPLEASANTLIVINGEvaluationScoringSheetProcurementDivision6130SunsetDriveSouthMiami,Florida33143(305)663-6339www.southmiamifl.govRFPTitle:YOUTH&ADULTSWIM&AQUATICFITNESSPROGRAMMANAGEMENTRFPNo.:PR2024-I8DIRECTIONS:Pleasescoreeachfirm,foreachspecificcriteriaprovided.Scoringisbasedoneachcriterialistedbelowwithamaximumscoreforeachcriteria.Thetotalscoreforeachproposeriscalculatedbyaddingeachcriteriaforatotalscorebyproposer.Themaximumscoretotalscoreforeachproposeris100points;withanadditional25pointsforanOralInterview,ifscheduled.TheOralInterviewscoreshallbeaddedtotheEvaluationCommitteesFinalScoreforeachproposer.CriteriaiSwimAcademyLittleSwimmersI.FirmQualifications&ExperienceEvaluatetheexpertise,reputation,andprofessionalqualificationsoftheproposingfirmandtheassignedProjectManager.Thisincludesverificationofrelevantlicenses,certifications,andpermitsnecessarytoprovideaquaticservices.Specialconsiderationisgiventoevidenceofcontinuousoperationforaminimumoffiveyearsoraffiliationwithanestablishedprofessionalaquaticprogrammingfranchise.Assessthefirm'shistoryandsuccessfulexperienceprovidingaquaticprogrammingservices,especiallyforgovernmentalentitiesofcomparablesizeandneeds.Emphasisisplacedonprojectsinvolvingcommunity-focusedswimandfitnessprograms.MAXIMUMPOINTS:40MoMO2.PersonnelQualifications:Examinethequalifications,expertise,andexperienceofkeystaffandsubcontractors.Thisincludesevaluatingresumes,certifications,theorganizationalstructure,andtheProposer'sPersonnelPlanMAXIMUMPOINTS:20QO'IO3.ProgramPlan:AnalyzetheProposer’sdetailedProgramPlan,coveringthestructureandscopeofyouthandadultswimlessons,aquaticfitnessprogramming,participantregistrationprocess,equipmentprovision,andoverallorganizationalapproach,includingsupervisorypersonnelapproach.Assesspromotionandadvertisingstrategies,customerserviceapproach,andplansforneed-basedscholarships.MAXIMUMPOINTS:25ISPage1of2 1614.PriceProposal:ReviewthecompetitivenessandclarityoftheproposedannualfacilitycontributiontotheCityandtheregistrationfeestructureforbothresidentandnon-residentparticipants.Considerhowwellthepricingalignswithmunicipalstandardsandcommunityaffordability.MAXIMUMPOINTS:10155.SafetyRecord:AssesstheProposer’ssafetyprotocols,compliancerecord,andlitigationhistoryoverthepastfiveyears.Considerdocumentedswimmer-to-instructorratios,firstaidtraining,andinjurypreventionmeasures.MAXIMUMPOINTS:55U1Score:\oo*\S'IntierviewScore;Max25Points:()FINALSCORE:AVAdditionalComments:Reviewedby:(V\qQKU(PrintName)(Signature)Date:07-/?Page2of2 FRIDAYMARCH72025MIAMIHERALD.............................................................................................5ACITYOFSOUTHMIAMI,FLORIDACITYCOMMISSIONMEETINGNOTICEOFPUBLICHEARINGNoticeisherebygiventhattheCityCommissionwillholdapublichearingonTuesday,March18,2025,at7:00p.m.atSouthMiamiCityHallCommissionChambers,6130SunsetDrive,SouthMiami,FL33143,toconsiderthefollowingpublichearingitem(s):ARESOLUTIONOFTHEMAYORANDCITYCOMMISSIONOFTHECITYOFSOUTHMIAMI,FLORIDA,APPROVINGTHEOPERATIONANDMANAGEMENTSERVICESFORYOUTHANDADULTSWIMLESSONANDAQUATICFITNESSPROGRAMSFROMISWIMACADEMYL.L.CFORAFIVE-YEARTERM;AUTHORIZINGTHECITYMANAGERTONEGOTIATEANDTOENTERINTOANAGREEMENTFORYOUTHANDADULTSWIMLESSONANDAQUATICFITNESSPROGRAMMANAGEMENTSERVICESATMURRAYPARKAQUATICCENTER;PROVIDINGFORIMPLEMENTATION,CORRECTIONS,ANDEFFECTIVEDATE.ARESOLUTIONOFTHEMAYORANDCITYCOMMISSIONOFTHECITYOFSOUTHMIAMI,FLORIDA,APPROVINGSFMJANITORIALSERVICES,LLCFORJANITORIALSERVICESFORAFIVE-YEARTERM;AUTHORIZINGTHECITYMANAGERTONEGOTIATEANDTOENTERINTOANAGREEMENTFORJANITORIALSERVICESFORTHECITY;PROVIDINGFORIMPLEMENTATION,CORRECTIONS,ANDEFFECTIVEDATE.ARESOLUTIONOFTHEMAYORANDCITYCOMMISSIONOFTHECITYOFSOUTHMIAMI,FLORIDA,APPROVINGAMULTI-YEARMEMORANDUMOFUNDERSTANDINGWITHTHEUNDERLINEMANAGEMENTORGANIZATION,INC.D/B/ATHEUNDERLINECONSERVANCYRELATEDTOINVESTMENTINTHEUNDERLINEOPERATIONS,PROGRAMMING,MAINTENANCEANDMANAGEMENT;PROVIDINGFORAUTHORIZATION,IMPLEMENTATION,CORRECTIONS,SEVERABILITYANDANEFFECTIVEDATE.ANORDINANCEOFTHEMAYORANDCITYCOMMISSIONOFTHECITYOFSOUTHMIAMI,FLORIDA,AMENDINGTHEFUTURELANDUSEMAPOFTHEFUTURELANDUSEELEMENTOFTHECITYOFSOUTHMIAMICOMPREHENSIVEPLANPURSUANTTOSMALL-SCALEAMENDMENTPROCEDURESSETFORTHINSECTION163.3187,FLORIDASTATUTES,TOCHANGETHEFUTURELANDUSEDESIGNATIONOFCERTAINPARCELSONTHEWESTSIDEOF62NDAVENUEBETWEENSW64THSTREETTOTHENORTHANDSW68THSTREETTOTHESOUTHFROMTHEIRCURRENTDESIGNATIONOF“RESIDENTIAL/LIMITEDCOMMERCIAL”(“RLC”)TO“MIXEDUSECOMMERCIAL/RESIDENTIAL”(“MUCR”);PROVIDINGFORTRANSMITTAL,CORRECTIONS,SEVERABILITY,CONFLICTS,IMPLEMENTATIONANDANEFFECTIVEDATE.ANORDINANCEOFTHEMAYORANDCITYCOMMISSIONOFTHECITYOFSOUTHMIAMI,FLORIDA,AMENDINGTHEFUTURELANDUSEMAPOFTHEFUTURELANDUSEELEMENTOFTHECITYOFSOUTHMIAMICOMPREHENSIVEPLANPURSUANTTOSMALL-SCALEAMENDMENTPROCEDURESSETFORTHINSECTION163.3187,FLORIDASTATUTES,TOCHANGETHEFUTURELANDUSEDESIGNATIONOFCERTAINPARCELSLOCATEDONTHENORTHSIDEOF64THSTREETGENERALLYBETWEENSW59THAVENUEONTHEEASTANDSW59THPLACEONTHEWESTFROMTHEIRCURRENTDESIGNATIONOF“MIXEDRESIDENTIAL-MODERATEDENSITY”(“MRMD”)TO“TOWNHOUSERESIDENTIAL”(“TR”);PROVIDINGFORTRANSMITTAL,CORRECTIONS,SEVERABILITY,CONFLICTS,IMPLEMENTATIONANDANEFFECTIVEDATE.CommissionmemberswillparticipateinChambersorbyvideoconferencingthroughtheZoomplatformandmembersofthepublicmayjointhemeetingviaZoomat(https://zoom.us/j/3056636338),byphonebycalling+1-786-635-1003andenteringMeetingID:3056636338whenprompted,orinpersonintheCommissionChambers,andwheretheirappearancewillbebroadcastontheZoomplatform,andwheretheycanparticipate.Allinterestedpartiesareinvitedtoattendandwillbeheard.Forfurtherinformation,pleasecontacttheCityClerk’sOfficeat:305-663-6340.PursuanttoSection286.0105,Fla.Stat.,theCityherebyadvisesthepublicthatifapersondecidestoappealanydecisionmadebytheCommissionwithrespecttothismatter,suchpersonmustensurethataverbatimrecordoftheproceedingsismade,whichrecordincludesthetestimonyandevidenceuponwhichtheappealistobebased.ThisnoticedoesnotconstituteconsentbytheCityfortheintroductionoradmissionofotherwiseinadmissibleorirrelevantevidence,nordoesitauthorizechallengesorappealsnototherwiseallowedbylaw.ADA:Torequestamodificationtoapolicy,practiceorprocedureortorequestanauxiliaryaideorserviceinordertoparticipateinaCityprogram,activityorevent,youmustonorbefore4:00p.m.3businessdaysbeforethemeeting(notcountingthedayofthemeeting)deliveryourrequesttotheCityClerkbytelephone:305-663-6340,bymailat6130SunsetDrive,SouthMiami,Floridaoremailatnpayne@southmiamifl.gov.NkengaA.Payne,CMC,FCRMCityClerkaboutgettingawayfromallofthedistractions,”shesaid.“It’sabouthelpingoneanother.”Atonetable,twohigh-schoolstudentsfromCar-rolltonSchooloftheSacredHeart,aprestigiousall-girlsCatholicschoolinCoconutGrove,atehalalchicken,Mediterraneanriceandsaladwhilechat-tingabouttheirreligiousviews.CarolinaRhodes,17,pointedoutsomecom-monalitiesbetweenCatho-licismandIslam.“Ineverrealizedhowmanysimilaritiesthereare.Wehaveaseasonoffast-ing,too,lent,thatjuststartedtoday,”Rhodessaid,stillbearingtheblackashonherforeheadfromAshWednesdayMassearlierthatday.“It’saseasonofrepent-ancetocelebratethe40daysJesusspentinthedesert,”shesaid.AndreaLara,17,de-scribedherselfas“cultur-allyCatholic”butnotspiri-tual.Still,shesaidsheenjoyslearningaboutotherreligionsandhowtheyinfluencepeople.Shelearnedthatnight,forexample,thatRamadanalsohasacomponentofcharitablegiving.“Itcanjustmakeyousomuchmoreunderstandingofpeople.Ithelpsyouunderstandyourselfbet-ter,”Larasaid.“Recog-nizingsimilaritiesbetweenpeoplehelpsyoufeelcon-nected,andIfeellikethatpreventsconflicts.”Thehigh-schoolersdidn’tattendontheirown.Theywereaccompaniedbytheirreligionteacher,Pao-laBernardini,whoencour-ages—andrequirestosomeextent—herstu-dentstoexperienceareli-gioustraditionoutsideoftheirown.Shesaidthecommunaliftardinnerisoneofmanywaystobringwhatthestudentsarelearninginclasstolife.“Ithinkthatthepersonalencounterhelpstounder-stand‘theother’betterthansimplylearningaboutitfrombooks,”saidBernar-dini.“Otherfaithtraditionsmayseemveryforeignandstrangebutwhenyoustartmeetingpeople,thesharedhumanityandsimilaritiescometotheforefront.”ThisstorywasproducedwithfinancialsupportfromTrishandDanBellanddonorsinSouthFlorida’sJewishandMuslimcommu-nitiesinpartnershipwithJournalismFundingPart-ners.TheMiamiHeraldmaintainsfulleditorialcontrolofthiswork.LaurenCostantino:@misscostantinoPEDROPORTALpportal@miamiherald.comImanAbdulHamidSamra,left,leadsaprayerduringFIU’siftareventonWednesday.FROMPAGE3AIFTARBenzodiazepinesaredepressantsthatslowdownthecentralnervoussystemandmaycausesleepinessandarelaxedmood,butifoverdosedcancauseextremedrow-siness,confusion,im-pairedcoordination,de-creasedreflexes,respira-torydepression,comaandpossibledeath,accordingtotheDrugEnforcementAdministration.“Thevictimsrecountedbuyingacoupleofbeers,listeningtomusic,anddancingbythemselves,”accordingtoanFBIaffida-vit.Oneofthevictims“rememberedseeingtwowomentaking‘selfies,’andthatheofferedtotakephotosforthem.Here-calledaskingifhecouldplacehisbeerontheirtabletotakethephotos.Neithervictimcouldre-memberwhathappenedafterthatencounter.”Around2:30a.m.onMarch6,thesoldiersandtheduoleftColombianPubtogether.Thedruggedsoldiersstumbledandhaddifficultykeepingtheirbalance,accordingtotheproffer.Uribeputherarmaroundthewaistofoneofthesoldiers,andhehadhisarmonhershoulder.ArangoandUribesteeredtheirvictimstoSilva’sawaitingRenault9,andtheydroveoffwiththesoldiersinsidethecar.USEDSOLDIERS’ATMCARDSThere,accordingtoprosecutors,thetriotookthesoldiers’wallets,debitandcreditcards,andcell-phones.Uribe“furthermanipulated”oneofthesoldierstorevealhisdebitcard’sPINcode.Forthenextfewhours,thetriodrovetheintox-icatedsoldiersaroundBogotáandusedthesto-lencreditandATMcardsatmanylocationswheretheyextractedcash—$350fromtwotrans-actionsandanothertotal$250fromtwoothertransactionsofabout$125apiece.Thecreditcardwasusedlaterthatmorn-ingatameatstoreandatirestore.Around6:45a.m.,thetriodroppedoneofthevictimsoffonthestreetmarkedCalle25.VideofootageshowsthesoldierstumblingandfallingdownonthestreetandUribeliftinghimoffthestreetandguidinghimtoasidewalkwherehewasleft.Apasserbysawthevictimstaggeringandcalledthepolice,thentookthesoldiertoahospi-talwherehewastreatedandreleased.Heeventu-allymadehiswaybacktohisapartmentwherehewasmetbyU.S.Embassypersonnel,accordingtotheproffer.Thesecondsoldierwasalsodroppedoffinthesameneighborhoodandwasfoundbyataxidriverwhohelpedhimgettohisapartment,wherevideofootageshowedhimstum-blingonthewaytohisapartment.JayWeaver:305-376-3446,@jayhweaverFROMPAGE3APLEASclocksaheadanhourbeforegoingtosleeponSaturdaynight.WHATDOESTHETIMECHANGEDOTOMORNINGANDEVENING?Sunriseandsunsetwhenwechangetheclocks:AWhenwemovetheclocksforwardat2a.m.Sunday,sunriseinMiamiwillbeat7:36a.m.andsunsetwillbeat7:27p.m.MonthlysunriseandsunsettimesuntilNo-vember:AApril9:7:03a.m.sunrise,7:41p.m.sunsetAMay9:6:38a.m.sunrise,7:56p.m.sunsetAJune9:6:29a.m.sunrise,8:12p.m.sunsetAJuly9:6:36a.m.sun-rise,8:16p.m.sunsetAAug.9:6:51a.msun-rise.,8:01p.m.sunsetASept.9:7:04a.m.sunrise,7:31p.m.sunsetAOct.9:7:17a.m.sun-rise,6:59p.m.sunsetANov.2:6:30a.m.sunrise,5:38p.m.sunsetWHYDOWETINKERWITHTHECLOCK?ASavingenergy:Day-lightsavingtimeisaboutadesiretosaveenergybyextendingsunlightlaterinthedayduringspringandsummer.Astudyconduct-edbytheU.S.DepartmentofEnergyfoundthatthefour-weekextensionofdaylightsavingtimein2008savedabout0.5%ofthenation’selectricityperday,or1.3trillionwatt-hours—whichisenoughtopower100,000house-holdsforanentireyear.ASafety:Studieshavealsoshownthattheextrahourofdaylighthasre-sultedinsaferroads,low-ercrimeratesandeco-nomicbenefits.ADisruptions:Otherconcernsaboutdaylightsavingtimehaveincludeddisruptionstoharvestingschedulesforfarmers,interferencewithreligiousobservancesbasedonsolarandlunartime,andpotentialdelaysinrework-ingcomputersystemsprogrammedtoswitchtwiceayear.FROMPAGE3ATIMEMARSHAHALPERMiamiHerald|2006ThekineticclockattheFortLauderdaleMuseumofDiscovery&Science.162