Gym Kidz, Inc. RFP 157-2013AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
GYM KIDZ, INC.
FOR
GYMNASTIC PROGRAM INSTRUCTION SERVICES, PURSUANT TO
REQUEST FOR PROPOSALS (RFP) NO. 157-2013
This Agreement ("Agreement") is entered into this k, . day of CUL- , 2014
(Effective Date), between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation
organized and existing under the laws of the State of Florida, having its principal offices at
1700 Convention Center Drive, Miami Beach, Florida, 33139 ("City"), and GYM KIDZ, INC., a
Florida Corporation, whose address is 2038 N.E. 155 Street, North Miami Beach, Florida
33162 (Contractor).
Agreement:
City Manager:
Contractor:
Services:
Fee:
SECTION 1
DEFINITIONS
This Agreement between the City and Contractor, including any
exhibits and amendments thereto.
The chief administrative officer of the City.
For the purposes of this Agreement, Contractor shall be deemed to be
an independent contractor, and not an agent or employee of the City.
All services, work and actions by the Contractor performed or
undertaken pursuant to the Agreement.
Amount paid to the Contractor as compensation for Services.
Proposal Documents: Proposal Documents shall mean City of Miami Beach RFP No. 157-
2013 for Gymnastic Program Instruction Services, together with all
amendments thereto, issued by the City in contemplation of this
Agreement, and the Contractor's proposal in response thereto
(Proposal), all of which are hereby incorporated and made a part
hereof; provided, however, that in the event of an express conflict
between the Proposal Documents and this Agreement, the following
order of precedent shall prevail: this Agreement; RFP No. 157-2013;
and the Proposal.
Risk Manager:
The Risk Manager of the City, with offices at 1700 Convention Center
Drive, Third Floor, Miami Beach, Florida 33139: telephone number
(305) 673-7000, Ext. 6435: and fax number (305) 673-7023.
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SECTION 2
SCOPE OF SERVICES (SERVICES)
2.1 In consideration of the Fee to be paid to Contractor by the City, Contractor shall
provide the work and services described in Exhibit "A" hereto (the Services). In addition
thereto, Contractor shall provide the Services in adherence with the fee schedule established
by the City, attached and incorporated as Exhibit "B" hereto.
SECTION 3
TERM
3.1 The term of this Agreement (Term) shall commence upon execution of this
Agreement by all parties hereto, as referenced by the Effective Date on page 1 hereof, and
shall have an initial term of two (2) years, with three (3) additional one-year renewal options,
to be exercised at the City Manager's sole option and discretion, by providing Contractor with
written notice of same no less than thirty (30) days prior to the expiration of the initial term,
(or of a renewal option, as the case may be).
3.2 During the Term of the Agreement, Contractor shall provide the Services in
accordance with the following schedule:
Contractor will be required to provide City with a written schedule of all
classes it intends to provide within fourteen (14) days of the Effective
Date of this Agreement and, thereafter, at least one month in advance of
any new class start date. Classes may be scheduled Monday through
Sunday, at such times and locations deemed appropriate by both the
Contractor and the City; provided, however, that in the event of a
dispute between City and Contractor as to a particular class time and/or
location, the City Manager's decision shall be final and binding upon
the parties.
SECTION 4
FEE
4.1 In consideration of the Services to be provided pursuant to this Agreement, the City
agrees to pay Contractor a fee, as follows:
Contractor agrees to be paid at the end of every class session by City
issued check. The City agrees to pay Contractor 70% of the Class fees
collected per participant; per session (duration of classes per session
may vary). The other 30% of the class fees collected shall go to the
City.
4.2 INVOICING
Upon receipt of an acceptable and approved invoice, payment(s) shall be made within thirty
(30) days for that portion (or those portions) of the Services satisfactorily rendered (and
referenced in the particular invoice).
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Invoices shall include a detailed description of the Services (or portions thereof) provided,
and shall be submitted to the City at the following address:
John Rebar, Director
Parks & Recreation Department
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
SECTION 5
TERMINATION
5.1 TERMINATION FOR CAUSE
If the Contractor shall fail to fulfill in a timely manner, or otherwise violates, any of the
covenants, agreements, or stipulations material to this Agreement, the City, through
its City Manager, shall thereupon have the right to terminate this Agreement for
cause. Prior to exercising its option to terminate for cause, the City shall notify the
Contractor of its violation of the particular term(s) of this Agreement, and shall grant
Contractor ten (10) days to cure such default. If such default remains uncured after
ten (10) days, the City may terminate this Agreement without further notice to
Contractor. Upon termination, the City shall be fully discharged from any and all
liabilities, duties, and terms arising out of, or by virtue of, this Agreement.
Notwithstanding the above, the Contractor shall not be relieved of liability to the City
for damages sustained by the City by any breach of the Agreement by the Contractor.
The City, at its sole option and discretion, shall be entitled to bring any and all
legal/equitable actions that it deems to be in its best interest in order to enforce the
City's right and remedies against Contractor. The City shall be entitled to recover all
costs of such actions, including reasonable attorneys' fees.
5.2 TERMINATION FOR CONVENIENCE OF THE CITY
THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS
CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY
TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONTRACTOR OF
SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30)
DAYS FOLLOWING RECEIPT BY THE CONTRACTOR OF SUCH NOTICE. IF THE
AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY,
CONTRACTOR SHALL BE PAID FOR ANY SERVICES PERFORMED UP TO THE
DATE OF TERMINATION; FOLLOWING WHICH THE CITY SHALL BE
DISCHARGED FROM ANY AND ALL LIABILITIES, DUTIES, AND TERMS
ARISING OUT OF, OR BY VIRTUE OF, THIS AGREEMENT.
5.3 TERMINATION FOR INSOLVENCY
The City also reserves the right to terminate the Agreement in the event the
Contractor is placed either in voluntary or involuntary bankruptcy or makes an
assignment for the benefit of creditors. In such event, the right and obligations for
the parties shall be the same as provided for in Section 5.2.
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SECTION 6
INDEMNIFICATION AND INSURANCE REQUIREMENTS
6.1 INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City of Miami Beach and its officers,
employees, agents, and contractors, from and against any and all actions (whether at law or
in equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys'
fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to
property, which may arise or be alleged to have arisen from the negligent acts, errors,
omissions or other wrongful conduct of the Contractor, its officers, employees, agents,
contractors, or any other person or entity acting under Contractor's control or supervision, in
connection with, related to, or as a result of the Contractor's performance of the Services
pursuant to this Agreement. To that extent, the Contractor shall pay all such claims and
losses and shall pay all such costs and judgments which may issue from any lawsuit arising
from such claims and losses, and shall pay all costs and attorneys' fees expended by the
City in the defense of such claims and losses, including appeals.
The parties agree that one percent (1%) of the total compensation to Contractor for
performance of the Services under this Agreement is the specific consideration from the City
to the Contractor for the Contractor's indemnity agreement. The provisions of this Section
6.1 and of this indemnification shall survive termination or expiration of this Agreement.
6.2 INSURANCE REQUIREMENTS:
The Contractor shall maintain and carry In full force during the Term, the following insurance:
1. Contractor General Liability, in the amount of $1,000,000, naming the City of Miami Beach,
Florida as an additional insured; and
2. Workers Compensation & Employers Liability, as required pursuant to Florida Statutes.
3. Automobile Liability for all vehicles owned, leased, hired, and non -owned, in an amount
not Tess than $1,000,000 per occurrence for bodily injury and property damage.
The insurance must be furnished by insurance companies authorized to do business in the
State of Florida. All insurance policies must be issued by companies rated no less than "B+"
as to management and not Tess than "Class VI" as to strength by the latest edition of Best's
Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent.
All of Contractor's certificates shall contain endorsements providing that written notice shall
be given to the City at least thirty (30) days prior to termination, cancellation or reduction in
coverage in the policy.
Original certificates of insurance must be submitted to the City's Risk Manager for approval
(prior to any work and/or services commencing) and will be kept on file in the Office of the
Risk Manager. The City shall have the right to obtain from the Contractor specimen copies
of the insurance policies in the event that submitted certificates of insurance are inadequate
to ascertain compliance with required coverage.
The Contractor is also solely responsible for obtaining and submitting all insurance
certificates for any sub -Contractors.
Compliance with the foregoing requirements shall not relieve the Contractor of the liabilities
and obligations under this Section or under any other portion of this Agreement.
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The Contractor shall not commence any work and or services pursuant to this Agreement
until all insurance required under this Section has been obtained and such insurance has
been approved by the City's Risk Manager.
SECTION 7
LITIGATION JURISDICTION/VENUE/JURY TRIAL WAIVER
This Agreement shall be construed in accordance with the laws of the State of Florida. This
Agreement shall be enforceable in Miami -Dade County, Florida, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or
conditions herein, exclusive venue for the enforcement of same shall lie in Miami -Dade
County, Florida. By entering into this Agreement, Contractor and the City expressly waive
any rights either party may have to a trial by jury of any civil litigation related to or arising out
of this Agreement.
SECTION 8
LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on
the City's liability for any cause of action, for money damages due to an alleged breach by
the City of this Agreement, so that its liability for any such breach never exceeds the sum of
$25,000. Contractor hereby expresses its willingness to enter into this Agreement with
Contractor's recovery from the City for any damage action for breach of contract to be
limited to a maximum amount of $25,000.
Accordingly, and notwithstanding any other term or condition of this Agreement, Contractor
hereby agrees that the City shall not be liable to the Contractor for damages in an amount
in excess of $25,000 for any action or claim for breach of contract arising out of the
performance or non-performance of any obligations imposed upon the City by this
Agreement.
Nothing contained in this section or elsewhere in this Agreement is in any way intended to
be a waiver of the limitation placed upon the City's liability, as set forth in Section 768.28,
Florida Statutes.
SECTION 9
[INTENTIONALLY DELETED]
SECTION 10
GENERAL PROVISIONS
10.1 AUDIT AND INSPECTIONS
Upon reasonable verbal or written notice to Contractor, and at any time during normal
business hours (i.e. 9AM — 5PM, Monday through Fridays, excluding nationally recognized
holidays), and as often as the City Manger may, in his/her reasonable discretion and
judgment, deem necessary, there shall be made available to the City Manager, and/or such
representatives as the City Manager may deem to act on the City's behalf, to audit,
examine, and/ or inspect, any and all other documents and/or records relating to all matters
covered by this Agreement. Contractor shall maintain any and all such records at its place
of business at the address set forth in the "Notices" section of this Agreement.
10.2 [INTENTIONALLY DELETETD]
10.3 ASSIGNMENT. TRANSFER OR SUBCONSULTING
Contractor shall not subcontract, assign, or transfer all or any portion of any work and/or
service under this Agreement without the prior written consent of the City Manager, which
consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this
Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless
as approved pursuant to this Section, and any attempt to make such assignment (unless
approved) shall be void.
10.4 PUBLIC ENTITY CRIMES
Prior to commencement of the Services, the Contractor shall file a State of Florida Form PUR
7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes
with the City's Procurement Division.
10.5 EQUAL EMPLOYMENT OPPORTUNITY
In connection with the performance of the Services, the Contractor shall not discriminate
against any employee or applicant for employment because of race, color, national origin,
religion, sex, gender identity, sexual orientation, disability, marital and familial status, or
age.
10.6 CONFLICT OF INTEREST
The Contractor herein agrees to adhere to and be governed by all applicable Miami -Dade
County Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami -Dade
County Code, and as may be amended from time to time; and by the City of Miami Beach
Charter and Code (as some may be amended from time to time); both of which are
incorporated by reference herein as if fully set forth herein.
The Contractor covenants that it presently has no interest and shall not acquire any
interest, direct or indirectly, which could conflict in any manner or degree with the
performance of the Services. The Contractor further covenants that in the performance of
this Agreement, no person having any such interest shall knowingly be employed by the
Contractor. No member of or delegate to the Congress of the United States shall be
admitted to any share or part of this Agreement or to any benefits arising there from.
SECTION 11
NOTICES
All notices and communications in writing required or permitted hereunder, shall be
delivered personally to the representatives of the Contractor and the City listed below or
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may be mailed by U.S. Certified Mail, return receipt requested, postage prepaid, or by a
nationally recognized overnight delivery service.
Until changed by notice in writing, all such notices and communications shall be addressed
as follows:
TO CONTRACTOR:
TO CITY:
Joslyn Varona, President
Gym Kidz, Inc.
2038 N.E. 155 Street
North Miami Beach, FL 33162
John Rebar, Director
Parks & Recreation Department
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Notice may also be provided to any other address designated by the party to receive notice if
such alternate address is provided via U.S. certified mail, return receipt requested, hand
delivered, or by overnight delivery. In the event an alternate notice address is properly provided,
notice shall be sent to such alternate address in addition to any other address which notice
would otherwise be sent, unless other delivery instruction as specifically provided for by the
party entitled to notice.
Notice shall be deemed given on the day on which personally served, or the day of receipt by
either U.S. certified mail or overnight delivery.
SECTION 12
MISCELLANEOUS PROVISIONS
12.1 CHANGES AND ADDITIONS
This Agreement cannot be modified or amended without the express written consent of the
parties. No modification, amendment, or alteration of the terms or conditions contained herein
shall be effective unless contained in a written document executed with the same formality
and of equal dignity herewith.
12.2 SEVERABILITY
If any term or provision of this Agreement is held invalid or unenforceable, the remainder of
this Agreement shall not be affected and every other term and provision of this Agreement
shall be valid and be enforced to the fullest extent permitted by law.
12.3 ENTIRETY OF AGREEMENT
The City and Contractor agree that this is the entire Agreement between the parties. This
Agreement supersedes all prior negotiations, correspondence, conversations, agreements or
understandings applicable to the matters contained herein, and there are no commitments,
agreements or understandings concerning the subject matter of this Agreement that are not
contained in this docurnent. Title and paragraph headings are for convenient reference and
are not intended to confer any rights or obligations upon the parties to this Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By:
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GYM KIDZ, INC.
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APPROVED AS TO
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12.4 CONTRACTOR'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW
Pursuant to Section 119.0701 of the Florida Statutes, if the Contractor meets the definition of
"Contractor" as defined in Section 119.0701(1)(a), the Contractor shall:
a) Keep and maintain public records that ordinarily and necessarily would be required by
the public agency in order to perform the service;
b) Provide the public with access to public records on the same terms and conditions
that the public agency would provide the records and at a cost that does not exceed
the cost provided in this chapter or as otherwise provided by law;
c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law; and
d) Meet all requirements for retaining public records and transfer to the City, at no City
cost, all public records created, received, maintained and/or directly related to the
performance of this Agreement that are in possession of the Contractor upon
termination of this Agreement. Upon termination of this Agreement, the Contractor
shall destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. All records stored electronically must
be provided to the City in a format that is compatible with the information technology
systems of the City.
For purposes of this Article, the term "public records" shall mean all documents, papers,
letters, maps, books, tapes, photographs, films, sound recordings, data processing software,
or other material, regardless of the physical form, characteristics, or means of transmission,
made or received pursuant to law or ordinance or in connection with the transaction of official
business of the City.
Contractor's failure to comply with the public records disclosure requirement set forth in
Section 119.0701 of the Florida Statutes shall be a breach of this Agreement.
In the event the Contractor does not comply with the public records disclosure requirement
set forth in Section 119.0701 of the Florida Statutes, the City may, at the City's sole
discretion, avail itself of the remedies set forth under this Agreement and available at law.
[REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
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EXHIBIT "A"
REQUEST FOR PROPOSAL
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www,miamibeachFl,gov
PROCUREMENT DIVISION
Tel: 305-673-7490 Fax: 786-394-4075
May 23, 2013
RE: ADDENDUM NO, 2 TO REQUEST FOR PROPOSAL (RFP) 157.2013 FOR
GYMNASTIC PROGRAM INSTRUCTION SERVICES
The Contractor Client Survey form has been revised and deadline for receipt has
been changed to May 30, 2013 at 3 p.m. Proposers are required to submit the
amended Contractor Client Survey forms to their clients in order for them to be
accepted by the City.
THIS IS A FORMAL ADDENDUM THAT HAS TO BE ACKNOWLEDGED IN THE BID ADDENDA
ACKNOWLEDGEMENT FORM, IF A BIDDER FAILS TO ACKNOWLEDGE RECEIPT OF THIS
ADDENDUM AS PART OF ITS BID SUBMISSION, THE CITY RESERVES THE RIGHT TO
REQUEST, AND THE BIDDER MUST COMPLY WITHIN TWO (2) BUSINESS DAYS AFTER
RECEIPT OF WRITTEN REQUEST FROM THE CITY.
C TY OF MIAMI BEACH
Alex Denis
Director
Procurement Division
MIAIv11 BEACH
Appendix B
Contractor Client Survey
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfhgov
PROCUREMENT DIVISION
Tel: 305-673-7000 ext. 6652, Fax: 786-394-4075
To Whom It May Concern:
The City of Miami Beach (City) has implemented a process that collects past performance information on contractors Interested In
providing service to the City. Your firm has been named by the contractor named below as a current or past client. R is kindly
requested that you complete this form and submit it directly to the City by the due date noted below, Client surveys received directly
from the contractor will not be considered. Please evaluate the petformance of the company (10 means you are very satisfied and
have no questions about hiring them again, and 1 Is if you would never hire them again because of very poor performance), If you
don't know, please leave blank.
Contractor:
RFP No.: 157-2013
Client Survey Due Date:
May 30, 2013
Client Name:
Dates of Service:
Protect Description:
2
3
4
5
6
1
1 RFP Title: Gymnastic Program Instruction Services
City Contact: Submittal Information:
Lourdes Rodriguez, CPPB City of Miami Beach
305-673-7000, Extension 6652 Procurement Division
LourdesRodriguez@mlamlbeachtgov 1700 Convention Center Drive
Miami Beach, Florida 33139
Client Contact:
Project Value:
Contractor Performance Evaluation
Criteria
How satisfied were you with the project services provided by contractor?
How satisfied were you with qualifications and professionalism of the contractor's personnel,
subcontractors and agents In completing the project requirements?
How satisfied were you with the project completion timeline?
How satisfied were you with the services provided by the contractor?
How satisfied were you with the approach and methodology utilized by the contractor in
completing the agreed to services, including any innovative approach undertaken to achieve
project requirements, within or below costs and within schedule?
How satisfied were you with the value of the costs paid to the contractor?
7 Overall, how satisfied were you with the services, approach and costs paid to the contractor?
Additional Comments / Information:
MIAMI BEACH
Page 20
RFP 157-2013, Gymnastic Program Instruction Services
Unit
(1.10)
Score
MFA/vIBEACHH
Ciiy of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www•mlamibeachfl.gov
PROCUREMENT DIVISION
Tel; 305-673-7490 Fax: 786-394-4075
May 21, 2013
RE: ADDENDUM NO, 1 TO REQUEST FOR PROPOSAL (RFP) 157-2013 FOR
GYMNASTIC PROGRAM INSTRUCTION SERVICES
L The deadline for receipt of questions is hereby changed to Mav 25, 2013 at 3 a.m.
11. Section 11-- Minimum Qualifications Requirements, has been revised as follow, all
other requirements remain the same:
• USA Gymnastics (USAG) Certified
111. Appendix A, Section 11, has been revised as follows:
Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively
solicited contracts valued at over $100,000 whose contractors maintain 51 or more full time employees on their payrolls during
20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors
doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive bids, to provide "Equal
Benefits" to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all
employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees
located In the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract
within the City of Miami Beach.
Indicate the number of employees in the U,S.: (If 50 or less, skip to Question 12)
A, Does your company provide or offer access to an benefits to employees with spouses or to spouses of employees?
YES NO
B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic
partners* or to domestic partners of employees?
YES NO
C, Please check all benefits that apply to your answers above and Ilst in the "other" section any additional benefits not
already specified, Note: some benefits are provided to employees because they have a spouse or domestic partner,
such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical
insurance. Supporting documentation must be submitted for any benefits offered to employees with domestic
partners. For more information see the Quick Reference Guide at httpa/www,miamibeachfl,00v/procurement/.
BENEFIT
Health
Sick Leave
Family Medical Leave
Bereavement Leave
Firm Provides for
Employees with
Spouses
Firm Provides for
Employees with
Domestic Partners
Firm does not
Provide Benefit
RFP 157-2013
Addendum No. 1
Page 2 of 4
If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no Insurance
providers In your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance,
To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application
(attached) with all necessary documentation, Your Reasonable Measures Application will be reviewed for consideration by the
City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final, Further information on the
Equal Benefits requirement is available at www,miamibeachfLoovlorocurementl,
IV. The following are responses to questions and requests for additional information
received by prospective bidders:
Q1, Who is eligible to fill out the References and Past Performance Forms if the prospective
proposer has never entered into a contract with a local government? Can the client
survey go out to the contractor's vendors? Clients of the proposer? Or if the
prospective proposer has been contracted by an outside company that was not a local
government?
Al, Proposer shall submit at least three (3) references for whom the proposer has completed work
similar in size and nature as the work referenced in request for proposal. The. past
performances forms should be sent out to clients and/or companies that have contracted the
prospective proposer.
Q2. Appendix A #11- Equal Benefits for Employees with Spouses and Employees with
Domestic Partners: The prospective proposer Is currently operating with the
owners and contracted workers. Therefore, all parties are responsible for their own
benefits, For this question, can the owners list their own benefit information?
A2. Complete the Questionnaire according to the benefits that your company offers. For example
in Question 11(A) of "Appendix A", please check off whether or not your company offers
benefits to employees with spouses. In other words, does your company offer spousal
coverage under your health benefits plan? Also, please note in Section III of this Addendum,
Question No. 11 of Appendix A, titled "Equal Benefits" has been modified to address
contractors claiming "non -applicability" due to group size. Therefore, if your company
maintains 50 or less employees on payroll, your company is exempt from the requirement to
provide benefits to employees' domestic partners. Please indicate your company's number
of employees.
Q3, The Cost Proposal - Is there a desirable range for the cost split?
A3. The City is interested in a revenue sharing fee schedule. Proposers should, as part of their
proposal, offer the City a percentage of each registrant fee with the remainder going to the
Successful Proposer, to pay for instructors, travel, and additional equipment and for
proposer's profit. The Financial Proposal is one of the areas that will be evaluated by the
Evaluation Committee.
RFP 957.2013
Addendum No, 1
Page 3 of 4
Q4. When prospective proposer researched its DUNS number, it was linked to the owner's
personal credit that was not very good. However, the Prospective Proposer has shown
an increase in profits in their financials in the last six (6) years since they have been
operating, increasing in revenue each year. Will the poor credit report from DUNS
eliminate the Proposer? Can we include the six (6) years worth of financial statements
as a substitute or in addition for consideration?
A5. At this time, the City is only requesting the Dun & Bradstreet Duns Number. However, the City fi
may request other financial information during the evaluation process, as necessary to
evaluate financial capacity.
Q6. Do we need to follow the current rates for the current programs?
A6. The rates are negotiable, but the City prefers to keep the cost close to the existing rates
which are as follows:
Ten (10) week series
Beginners: S100 Residents, $150 Non -Residents, One (1) hour class
intermediate: $115 Residents, $173 Non -Residents, One and a half (1 %) hour class
Advance: $125 Residents, $190 Non -Residents, Two (2) hour class.
Sibling discount residents only — 25% off
Q7. Can we assign new rates to new programs and should the new rates be indicated in the
RFP?
A7. Yes, new rates can be charged and those rates will be negotiated with the Parks & Recreation
Director, or his/her designee.
Q8. Is the City of Miami Beach responsible for equipment maintenance and purchasing?
A8. Yes, the City of Miami Beach owns all the equipment and is responsible for the equipment
maintenance. However, all future purchases must be budgeted for and depending on the cost
may take several years to purchase. Prospective Proposers can bring their own equipment,
and that equipment must be approved by the facilities manager,
Q9. In section II the minimum requirements state all proposers shall meet certain eligibility
requirements to be considered responsive to the RFP. The following requirement is
non-existent: USA Gymnastics Level 5 certification.
A9. Section II — Minimum Qualifications Requirements, has been revised as follow, all other
requirements remain the same:
• USA Gymnastics (USAG) Certified
Q10. Is the gym area going to be delegated to gymnastics? If not what days and times is the
gym available to run the gymnastics program?
RFP 157-2013
Addendum No, 1
Page 4 of 4
A10. The gymnastic center is not solely delegated for gymnastics. The City offers other similar
programs such as cheerleading and exercise. The following are the days and times available
for gymnastics:
Monday 11:30 a.m. to 3:30 p.m.
Tuesday 11:30 a.m. to 5:00 p.m.
Wednesday 11:30 a.m. to 3:30 p.m.
Thursday 11:30 am. to 8:30 p.m,
Friday 9:30 a.m, to 5:30 p.m.
Saturday 9:30 a.m, to 5:00 p.m,
Sunday 9:30 a.m. to 5:00 p.m.
Q11. Will the city be responsible for printing our marketing materials and flyers?
Alt The City will be responsible for printing and distributing advertisement flyers. However,
program materials are the responsibility of the prospective proposers. Nonetheless, no printed
material can be distributed without the approval of the Parks & Recreational Director, or his/her
designee.
Q12. Does the hourly living wage rate apply to us?
Al2, No, the living wage ordinance does not apply to this request for proposal.
Q13. Will there be a secure designated area to keep computers, incidentals, leotards etc.?
A13. There is a large storage area that the City can make available to the selected proposer for
incidentals and storage. Presently, there is no wiring for a computer, since this area is a
storage room, but that is something that the City can look into for future consideration,
THIS IS A FORMAL ADDENDUM THAT HAS TO 13E ACKNOWLEDGED IN THE BID ADDENDA
ACKNOWLEDGEMENT FORM. IF A BIDDER FAILS TO ACKNOWLEDGE RECEIPT OF THIS
ADDENDUM AS PART OF ITS BID SUBMISSION, THE CITY RESERVES THE RIGHT TO
REQUEST, AND THE BIDDER MUST COMPLY WITHIN TWO (2) BUSINESS DAYS AFTER
RECEIPT OF WRITTEN REQUEST FROM THE CITY.
CITY OF MIAMI BEACH
Alex Denis
Director
Procurement Division
REQUEST FOR PROPOSALS (RFP)
RFP 157-2013
GYMNASTIC PROGRAM INSTRUCTION SERVICES
MIAMIBEACH
PROCUREMENT DIVISION, 3RD Floor
1 700 Convention Center Drive Miami Beach, FL 33139
305-673-7490
MIAMI BEACH
RFP 157-2013
GYMNASTIC PROGRAM INSTRUCTION SERVICES
TABLE OF CONTENTS
Section I Overview & Proposal Procedures 3
Section II Minimum Qualifications Requirements 6
Section III Scope of Services 6
Section IV Proposal Format 10
Section V Evaluation/Selection Process.,....„.. ...................... 11
Section VI Special Terms & Conditions: Insurance 12
Section VII Appendices:
A - Proposal Certification, Questionnaire & 13
Requirements Affidavit (Under Separate Cover)
B - Contractor Client Survey 20
?� ML'\MIB EACH
City' of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
PROCUREMENT DIVISION
Tel: 305-673.7490, Fax: 786-394-4006
PUBLIC NOTICE
MIAMI BEACH
Sealed proposals, as detailed herein, will be received until 3:00 PM on, May 30, 2013, at the following address:
City of Miami Beach City Hall
Procurement Division -- Third Floor
1700 Convention Center Drive
Miami Beach, Florida 33139
ANY PROPOSAL RECEIVED AFTER 3:00 PM ON THE PROPOSAL DUE DATE WILL BE RETURNED TO THE PROPOSER
UNOPENED, AND WILL NOT BE CONSIDERED, THE RESPONSIBILITY FOR SUBMITTING PROPOSALS BEFORE THE
STATED TIME AND DATE IS SOLELY THE RESPONSIBILITY OF THE PROPOSER, THE CITY WILL NOT BE RESPONSIBLE
FOR DELAYS CAUSED BY MAIL, COURIER SERVICE, OR ANY OTHER ENTITY OR OCCURRENCE,
The City utilizes PublicPurchase for automatic notification of bid opportunities and document fulfillment, including the issuance of
any addendum to this RFP. This system allows vendors to register online and receive notification of new bids, addendums and
awards. Registration is available through www,publicpurchase.com,
Any prospective proposer who has received this RFP by any means other than through PublicPurchase must register immediately
with PublicPurchase to assure receipt of any addendum issued to this RFP, Prospective proposers are solely responsible for
assuring they have received any addendum issued to thls RFP. Failure to receive an addendum may result In disqualification of
proposal submitted,
Proposers are hereby advised that this RFP Is subject to the following ordinances/resolutions, which may be found on the City of
Miami Beach website: www,miamlbeachfl.gov/procurement.
• CONE OF SILENCE -- ORDINANCE NO, 2002-3378
• PROTEST PROCEDURES -- ORDINANCE NO. 2002-3344,
• DEBARMENT PROCEEDINGS -- ORDINANCE NO, 2000-3234
• LOBBYIST REGISTRATION AND DISCLOSURE OF FEES - ORDINANCE NO. 2002-3363,
• CAMPAIGN CONTRIBUTIONS BY VENDORS - ORDINANCE NO. 2003-3389,
• REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS -
ORDINANCE NO. 2005-3494
• LOCAL PREFERENCE FOR MIAMI BEACH -BASED VENDORS - ORDINANCE NO, 2011-3747.
• PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE -
CERTIFIED SERVICE -DISABLED VETERAN BUSINESS ENTERPRISES — ORDINANCE NO. 2011-3748,
• CODE OF BUSINESS ETHICS -- RESOLUTION NO. 2000-23879.
All questions or requests for clarifications must be received by the procurement contact named above no later than five (5) calendar
days prior to the scheduled RFP due date. The City Clerk, rafaelgranado@mlamlbeachfI.gov, must copied on any question or
comment submitted In response to this RFP, All responses to questions/clarifications will be sent to Proposers in the form of a written
addendum,
THE CITY OF MIAMI BEACH RESERVES THE RIGHT TO ACCEPT ANY PROPOSAL DEEMED TO BE IN THE BEST INTEREST
OF THE CITY, OR WAIVE ANY IRREGULARITY AND/OR INFORMALITY IN ANY PROPOSAL, OR REJECT ANY AND/OR ALL
PROPOSALS.
Si cerely,
Alex Denis, CPPO
Procurement Director
T RFP 157-2013, Gymnastic Program Instruction Services
1
MIAMI BEACH
City of Miami Beach,
1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
PROCUREMENT Division
Tel: 305.673,7490 Fax: 786.394.4006
NOTICE OF NO RESPONSE
If not submitting a Proposal at this time, please detach this sheet from the RFP documents,
complete the information requested, and return to the address listed above.
NO PROPOSAL SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED:
Not responding due to workload issues
Not responding due to minimum qualifications requirements
_— Not responding due to scope of services
Not responding due to project's size and/or complexity
OTHER. (Please specify)
Note: Failure to respond, either by not submitting a proposal or this completed form, may result in your company
beingrremoved from the Citv's bid list.
aL,J1LI,. JL :II .6 i .1!1u66.1!. IL .,1.1 J, L. 1,i is„Ji il�
We do do not
product and/or service.
Signature:
Title:
Company:
want to be retained on your rnailing list for future proposals for the type or
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Feedback
The City of Miami Beach Is interested in continuously improving the process through which it acquires required goods and services, Your
feedback Is Important. Please provide any comments or suggestions which may assist the City In this endeavor, including information on
requirements, timelines, and solicitation forms,
RFP 157••2013 Gymnastic Program Instruction Services
MIAMIBEACH
SECTION 1.OVERVIEW AND PROPOSAL PROCEDURES
A. INTRODUCTION / BACKGROUND
The Parks and Recreation Department has been offering gymnastics instruction as part of its year round curriculum of classes at the Scott
Rakow Youth Center, The City of Miami Beach Is seeking proposals from qualified firms, and/or individuals, to provide gymnastic program
instruction services at the Scott Rakow Youth Center, in accordance with the terms, conditions and specifications contained In the Request
for Proposal (RFP).
The Scott Rakow Youth Center offers a variety of programs and activities for the entire community, It is a place where people
of all ages come to have fun, learn a new skill, and spend time with their families, The Center Is home to after school and
summer camp programs, specialty camps, athletic leagues and offers classes in swimming, ice skating, dance, exercise,
gymnastics and much more,
The Scott Rakow Youth Center includes an ice skating rink, gymnasium, gymnastics/cheerleading room, swimming pool,
fitness center, patio, play field, arts and crafts center, game room, media room, computer lab and a music room,
The gymnastics multipurpose room is approximately 5,000 square feet and is equipped with a spring exercise floor, uneven
bar, vault, mats and balance beams, This multipurpose room was equipped and programmed as part of the recent renovations
to the entire Youth Center facility,
B. RFP TIMETABLE
The tentative schedule for this RFP is as follows:
RFP Issued
Pre -Proposal Meeting
Deadline for Receipt of Questions
Proposals Due
Evaluation Committee Review
Tentative Commission Approval Authorizing Negotiations
Contract Negotiations
April 24, 2013
May 7, 2013
May 20, 2013
May 30, 2013
To Be Determined
September 11, 2013 (Commission does not meet In August)
Following Commission Approval
C. PROPOSAL SUBMISSION DUE DATE
An original and ten (10) copies of complete Proposals, plus one electronic copy (CD or flash drive), must be received no later than 3:00
p.m. on the date stated in Section 1(B), at the following address:
City of Miami Beach City Hall
Procurement Division •• Third Floor
1700 Convention Center Drive
Miami Beach, Florida 33139
The original and all copies, including the electronic copy, must be submitted to the Procurement Division In a sealed package clearly noted
with the Proposer's name, address, and RFP number and title, No facsimile, electronic, or e-mail Proposals will be considered,
THE RESPONSIBILITY FOR SUBMITTING A PROPOSAL IN RESPONSE TO THIS RFP, ON OR BEFORE THE STATED TIME AND
DATE, WILL BE SOLELY AND STRICTLY THAT OF THE PROPOSER, THE CITY WILL IN NO WAY BE RESPONSIBLE FOR DELAYS
CAUSED BY MAIL, COURIER SERVICE, OR BY ANY OTHER ENTITY OR OCCURRENCE,
ANY PROPOSAL RECEIVED AFTER STATED DUE DATE WILL BE RETURNED TO THE PROPOSER UNOPENED, PROPOSALS
RECEIVED AFTER THE RFP DUE DATE AND TIME WILL NOT BE ACCEPTED AND WILL NOT BE CONSIDERED.
D. PRE -PROPOSAL SUBMISSION MEETING
A Pre -Proposal Submission Meeting will be held on the date noted in Section 1(9) at 10:00 a.m, at the following address: City of Miami
Beach City Hall — 4th Floor, Manager's Large Conference Room,1700 Convention Center Drive, Miami Beach, Florida 33139
3 °; RFP 157-2013, Gymnastic Program Instruction Services
MIAMI BEACH
Attendance (in person or via telephone) Is encouraged and recommended as a source of Information, but is not mandatory. Proposers
interested in participating in the Pre -Proposal Submission Meeting via telephone must follow these steps:
(1) Dial the TELEPHONE NUMBER: 1-877-953-3061 (Toll-free North America)
(2) Enter the MEETING NUMBER: 8982915#
Proposers who are interested in participating via telephone should send an e-mail to the contact person listed In Section E of this RFP
expressing their intent to participate via telephone.
E. CONTACT INFORMATION
Contact:
Lourdes Rodriguez, CPPB
Telephone:
305-673.7000, Extension 6652
Email:
LourdesRodriguez at7,miamibeachfl,gov
Requests for additional information or requests for clarifications must be made in writing to the Procurement Division. Facsimile or e-mail
requests are acceptable. Please send all questions and/or requests for clarifications to the contact named above, with a copy to the City
Clerk's Office at RafaelGranador7.miamibeachf1,aov, no later than the date specified in the RFP timetable.
F. RESPONSE TO QUESTIONS & ADDENDUM TO RFP
The Procurement contact will issue replies to Inquiries and any other corrections or amendments, as he deems necessary, in written
addenda issued prior to the deadline for responding to the RFP. Proposers should not rely on representations, statements, or explanations
(whether verbal or written), other than those made in this RFP or in any written addendum to this RFP, Proposers should verify with the
Procurement Division prior to submitting a Proposal that all addenda have been received.
G, CONE OF SILENCE
Pursuant to the city's Cone Of Silence Ordinance, as codified in section 2-486 of the City Code, proposers are advised that oral
communications between the proposer, or their representatives and 1) the Mayor and City Commissioners and their respective staff; or 2)
members of the City's Administrative staff (including but not limited to the City Manager and his staff); or 3) Evaluation Committee members,
is prohibited.
H. MODIFICATIONIWITHDRAWALS OF PROPOSALS
A Proposer may submit a modified Proposal to replace all or any portion of a previously submitted Proposal up until the Proposal due date
and time, Modifications received after the Proposal due date and time will not be considered.
Proposals shall be irrevocable until contract award unless withdrawn in writing prior to the Proposal due date, or after expiration of 120
calendar days from the opening of Proposals without a contract award. Letters of withdrawal received after the Proposal due date and
before said expiration date, and letters of withdrawal received after contract award will not be considered.
RFP POSTPONEMENT/CANCELLATION/REJECTION
The City may, at its sole arid absolute discretion, reject any and all, or parts of any and all, Proposals; re -advertise this RFP; postpone or
cancel, at any time, this RFP process; or waive any irregularities in this RFP, or in any Proposals received as a result of this RFP.
J. COSTS INCURRED BY PROPOSERS
All expenses Involved with the preparation and submission of Proposals, or any work performed in connection therewith, shall be the sole
responsibility (and shall be at the sole cost and expense) of the Proposer, and shall not be reimbursed by the City.
K. EXCEPTIONS TO RFP
Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFP, and outline what, if any, alternative Is
being offered, All exceptions and alternatives shall be Included and clearly delineated, in writing, in the Proposal. The City, at Its sole and
absolute discretion, may accept or reject any or all exceptions and alternatives. In cases in which exceptions and alternatives are rejected,
the City shall require the Proposer to comply with the particular term and/or condition of the RFP to which Proposer took exception to (as
said term and/or condition was originally set forth on the RFP).
L. FLORIDA PUBLIC RECORDS LAW
Proposers are hereby notified that all Proposals including, without limitation, any and all information and documentation submitted therewith,
are exempt from public records requirements under Section 119,07(1), Florida Statutes, and s, 24(a), Art, 1 of the State Constitution until
such time as the City provides notice of an intended decision or until thirty (30) days after opening of the Proposals, whichever is earlier.
M. NEGOTIATIONS
4 " RFP 157-2013 Gymnastic Program Instruction Services
MIAMI BEAC:l--I
The City reserves the right to enter Into further negotiations with the selected Proposer, Notwithstanding the preceding, the City is in no way
obligated to enter into a contract with the selected Proposer in the event the parties are unable to negotiate a contract. It is also understood
and acknowledged by Proposers that by submitting a Proposal, no property interest or legal right of any kind shall be created at any time
until and unless a contract has been agreed to; approved by the City; and executed by the parties,
N. PROTEST PROCEDURE
Proposers that are not selected may protest any recommendation for selection of award in accordance with the proceedings established
pursuant to the City's bid protest procedures (Ordinance No, 20023344), as codified in Sections 2-370 and 2-371 of the City Code.
Protests not timely made pursuant to the requirements of Ordinance No. 20023344 shall be barred,
0, OBSERVANCE OF LAWS
Proposers are expected to be familiar with, and comply with, all Federal, State, County, and City laws, ordinances, codes, rules and
regulations, and at orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, may affect the scope of
services and/or project contemplated by this RFP (including, without limitation, the Americans with Disabilities Act, Title VII of the Civil
Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines), Ignorance of the law(s) on the part of the Proposer will
in no way relieve it from responsibility for compliance,
Pa DEFAULT
Failure or refusal of the successful Proposer to execute a contract following approval of such contract by the City Commission, or untimely
withdrawal of a Proposal before such award Is made and approved, may result in forfeiture of that portion of any surety required as
liquidated damages to the City, Where surety Is not required, such failure may result in a claim for damages by the City and may be
grounds for removing the Proposer from the City's vendor list.
Q. CONFLICT OF INTEREST
All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family member (spouse, parent,
sibling, and child) who is also an employee of the City of Miami Beach, Further, all Proposers must disclose the name of any City employee
who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates,
R. PROPOSER'S RESPONSIBILITY
Before submitting a Proposal, each Proposer shall be solely responsible for making any and all investigations, evaluations, and
examinations, as it deems necessary, to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance
of such conditions and requirements, and/or failure to make such evaluations, investigations, and examinations, will not relieve the Proposer
from any obligation to comply with every detail and with all provisions and requirements of the contract, and will not be accepted as a basis
for any subsequent claim whatsoever for any monetary consideration an the part of the Proposer,
S. RELATIONSHIP TO THE CITY
It is the intent of the City, and Proposers hereby acknowledge and agree, that the successful Proposer is considered to be an independent
contractor, and that neither the Proposer, nor the Proposer's employees, agents, and/or contractors, shall, under any circumstances, be
considered employees or agents of the City.
T. PUBLIC ENTITY CRIME
A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on
a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform
work as a contractor, supplier, sub -contractor, or consultant under a contract with a public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Sec, 287,017, for CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list,
U. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS
This RFP is subject to, and all Proposers are expected to be or become familiar with, all City lobbyist laws, Proposers shall be solely
responsible for ensuring that all City lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed therein,
including, without limitation, disqualification of their Proposals, in the event of such non-compliance,
V, CONE OF SILENCE
This RFP is subject to, and all Proposers are expected to be or become familiar with, the City's Cone of Silence requirements, as codified in
Section 2-486 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Cone of
Silence are complied with, and shall be subject to any and all sanctions, as prescribed therein, including rendering their Proposal voidable,
in the event of such non-compliance,
W. DEBARMENT ORDINANCE
5 RFP 157-2013 Gymnastic Program Instruction Services
C4 MIAMI BEACH
This RFP is subject to, and all Proposers are expected to be or become familiar with, the City's Debarment Ordinance (as adopted pursuant
to Ordinance No, 200-3234, and as codified in Sections 2-397 through 2-406 of the City Code),
X. COMPLIANCE WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS
This RFP is subject to, and all Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified
in Sections 2-487 through 2-490 of the City Code, Proposers shall be solely responsible for ensuring that all applicable provisions of the
City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, Including
disqualification of their Proposals, in the event of such non-compliance,
Y. CODE OF BUSINESS ETHICS
Pursuant to City Resolution No,2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business
Ethics ("Code') and submit that Code to the Procurement Division with Its bid/response or within five (5) days upon receipt of request.
The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations Including, among
others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County,
Z. AMERICAN WITH DISABILITIES ACT (ADA)
Call 305-673-7490 to request material in accessible format; sign language Interpreters (five (5) days in advance when possible), or
information on access for persons with disabilities, For more information an ADA compliance, please call the Public Works Department, at
305-673-7000, Extension 2984,
AA, ACCEPTANCE OF GIFTS, FAVORS, SERVICES
Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose
of Influencing consideration of this Proposal, Pursuant to Sec, 2-449 of the City Code, no officer or employee of the City shall accept any
gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official duties,
SECTION II—MINf MUM QUALIFICATIONS REQUIREMENTS
Proposers must meet or exceed the following minimum eligibility requirements to be considered responsive and have its
proposal evaluated by the Evaluation Committee:
• USA Gymnastics (USAG) Level 5 Certification
• Certified in the following:
• USAG Safety
• CPR/First Ald
SECTION III m SCOPE OF SERVICES
The goal of programming should be to provide a multi-level and diverse gymnastics experience for all participants. The
Successful Proposer shall coordinate a fall, winter, spring and summer schedule of activities in cooperation with and the
approval of the Parks and Recreation Director, or his/her designee.
Service Requirements
The schedule of activities should at minimum include:
A gymnastics developmental program conducted during the academic school year.
A one week or more gymnastics camp conducted during the summer school recess.
A gymnastics program that would provide opportunities for competition,
A gymnastics program that would meet the needs of those with physical, developmental and/or emotional challenges
conducted by experienced, qualified staff.
Additional programming opportunities are desired, to include:
• Birthday party packages
• Cheerleading instruction
• Open gym
• Holiday events and/or special events
• Parent/toddler programs,
Added Value Programming: The Successful Proposer should include with their program proposal any programs, services, or
amenities that would be in addition to and beyond the above program specifications that will provide an added value to the
6 ? RFP 157-2013 Gymnastic Program Instruction Services
MIAMIBFACaH
program for the participant(s) and/or City. These added value programs, services, or amenities would be in addition to the
standard or traditional programs typically offered and those not requested elsewhere in this RFP.
The Successful Proposer shall be responsible to and report to the Parks and Recreation Director, or his/her designee,
regarding all areas of operation/maintenance of the gymnastics facility.
The Successful Proposer shall be at the site of the gymnastics facility for a minimum of twenty (20) hours per week, during
posted business/office hours, and at ail additional times reasonably necessary for the performance of the job responsibilities
specified in the RFP and executed contract,
Use of the gymnastics facility by the successful proposer will be scheduled and reserved according to a submitted
class/performance/camp schedules. Changes to the schedule or additional use requested must be pre -approved by the Parks
and Recreation Director or his/her designee.
The Successful Proposer must be physically visible in the gymnastics facility during all hours of operation and shall monitor and
supervise the gymnastics facility, staff and programs during all scheduled/reserved use,
The Successful Proposer will provide a full schedule of activities to include: class/program name, age of participants to be
served, class/program description inclusive of field trip location and date, begin/end time of the class/program and weekly
lesson plan.
The schedule of classes/programs/camps will be submitted by the Successful Proposer upon the request of the Parks and
Recreation Director, or his/her designee. Information submitted will be used for inclusion in the Miami Beach Parks and
Recreation Department's biannual Recreation Review, and posted yearly on the department's website,
All additional marketing materials, including but not limited to, flyers, articles, etc., must be pre -approved by the Parks and
Recreation Director or his/her designee.
The Successful Proposer shall monitor (to Include attendance and sign in/outs of all participants and maintenance of
equipment) and supervise the gymnastics operations and the behavior, actions, work, etc., of the Successful Proposer's staff.
Additionally, the Successful Proposer and his/her staff will conduct operations in an orderly, professional manner so as not to
annoy, disturb or be offensive to customers, patrons or others in the immediate vicinity of such operations,
The Successful Proposer shall furnish prompt and efficient service adequate to meet all reasonable demands, including the
establishment of a schedule of services/programs for approval by the Parks and Recreation Director, or his/her designee. Any
changes to a pre -approved schedule of services/programs must be approved by the Parks and Recreation Director, or his/her
designee, prior to implementation,
The Successful Proposer shall Inform the Parks and Recreation Director, or his/her designee, of changes regarding the
gymnastics industry in general, rules, regulations, equipment and trends associated with the operation of a recreational
gymnastics program, The Successful Proposer shall make recommendations on appropriate actions and/or changes.
The Successful Proposer, or his/her designee, shall assist the Parks and Recreation Director, or his/her designee, in
recommending gymnastics facility equipment and improvements and improvements to the overall gymnastics operating policies
and procedures at the Scott Rakow Youth Center.
Personnel
The Successful Proposer represents that he/she has, or will secure at his/her own expense, all necessary personnel required
to perform the stated services of this RPP and the executed contract. Such personnel shall NOT be City employees or have
any contractual relationship with the City,
The Successful Proposer, prior to working for the City of Miami Beach must present a complete list of employees including but
not limited to: name, contact phone number, certifications, email address, position held and duties, to the Parks and Recreation
Director, or his/her designee,
i RPP 157-2013 Gymnastic Program Instruction Services
M AMI BEACH
All of the services required by this RFP shall be performed by the Successful Proposer and his/her personnel,
Staff employed by the Successful Proposer to perform these services shall be fully qualified and, if required, authorized or
permitted under state and local law to perform such services. The Successful Proposer shall be liable for all work performed by
his/her personnel,
The Successful Proposer and all employees of the Successful Proposer, prior to contact with any/all participants, must submit
to a background check, et no cost to the City, in compliance with local, state and federal laws. The background check shall be
completed by the City of Miami Beach's Human Resource Department at the expense of the Successful Proposer. The City
shall have the right to refuse to allow any potential employee of the Successful Proposer to work on City property when it
deems that their presence on City property is not in the City's best interest.
The Successful Proposer shall establish, implement and maintain procedures and internal controls to ensure that each
employee complies with any and all applicable provisions of the executed contract and all site rules and regulations of the
Youth Center and the City of Miami Beach,
The Successful Proposer, and employees of the Successful Proposer, shall use neither controlled substance, unless
prescribed by a licensed physician, illegal substances or alcohol. The Successful Proposer and employees of the Successful
Proposer, when on or in City property, will not smoke or use tobacco -related products while engaged in their work,
The Successful Proposer, and employees of the Successful Proposer, shall comply with all applicable local, state and federal
laws, rules, regulations and procedures.
All applicable taxes, fringe benefits and training for all personnel for the performance under the executed contract shall be the
sole responsibility of the Successful Proposer.
Customer Service
The Successful Proposer, and employees of the Successful Proposer, shall, at all times, provide courteous and efficient service
to the citizens of Miami Beach and members and guests of the Gymnastics Center and/or Youth Center.
The Successful Proposer shall monitor, control and supervise the conduct, demeanor and appearance of employees, agents,
representatives, visitors, customers and patrons. Upon objection by the Parks and Recreation Director, or his/her designee,
concerning the conduct, demeanor or appearance of any such person, the Successful Proposer shall immediately take all
necessary steps to correct the course of such objection,
The Successful Proposer and its employees shall, et all times, be prompt in opening the Gymnastics Center for business at the
scheduled time each day.
The responsibilities and duties of the Successful Proposer and staff of the Successful Proposer may include, but are not limited
to, checking class/program/activity rosters for registered participants; monitoring the gymnastics facility during hours of
operation; addressing and controlling inappropriate behavior of patrons and visitors; assisting a patron by providing answers to
questions regarding programs, events, etc,; and, managing the gymnastics facility operation in a pleasant, efficient and
effective manner,
The Successful Proposer and its employees shall, at all times, limit personal activities Including visitors, phone calls and
individual conversations, Operations of the gymnastics facility shall be conducted in a business -like manner, at all times.
The Successful Proposer shall be responsible for maintaining CPR, First Aid and AED certifications for him/herself and ail its
employees. The Successful Proposer shall provide documentation, on a yearly basis, of current certifications of each staff
member.
The Successful Proposer and employees of the Successful Proposer, in contact with the public, shall perform duties In an
efficient and courteous manner.
8 RFP 157-2013 Gymnastic Program Instruction Services
1-4 MIAMI BEACH
The Successful Proposer and its employees shall be distinctively uniformed or appropriately attired so as to be distinguishable
as the Successful Proposer's employee and not as an employee of the Youth Center and/or the City of Miami Beach.
Property
The Successful Proposer shall, at all times, take precautions to avoid any damage or loss of property of the City. The
Successful Proposer agrees to reimburse the City for any gymnastics or facility repairs that are a result of negligence, unsafe,
careless, etc., actions on the part of the Successful Proposer and his/her staff.
The Successful Proposer shall replace or repair to the City's satisfaction any loss or damage at the Successful Proposers
expense.
The Successful Proposer shall adhere at all times to all safety concerns regarding employees and visitors to the facility.
The Successful Proposer shall be responsible for preventative maintenance inspections, and reporting and supervising daily
maintenance of the gymnastics facility.
The Successful Proposer, or his/her designee, shall initiate the scheduled preventative maintenance requirements for upkeep
and/or repair of the gymnastics facility equipment.
INDEPENDENT CONTRACTOR
The Successful Proposer shall remain an independent contractor with respect to all acts and services to be performed by the
Successful Proposer as detailed in this RFP. The executed Contract shall not render the Successful Proposer as an agent,
partner, representative or employee of the City for any purposes whatsoever, nor authorize the Successful Proposer to contract
or assume any liabilities in the name of the City. The City shall not be liable for any wages or salaries of any representative,
assistant or employee of the Successful Proposer, nor for any debts, liabilities, nor any other obligations of the Successful
Proposer.
The Successful Proposer, as an independent contractor, is not entitled to any City employee fringe benefit such as vacation,
sick leave, insurance, etc,
The Successful Proposer shall contract exclusively with the City of Miami Beach and no other club or organization without the
written approval of the Parks and Recreation Director, or his/her designee, The Successful Proposer shall provide make his
work schedule to the Parks and Recreation Director or his/her designee,
The Successful Proposer and/or its employees shall not conduct any business or activity not specifically authorized by this
RFP, unless approved by the Parks and Recreation Director and/or City Manager, when required, If approved, the business or
activity shall not interfere in any manner with the use of the public area or infringe upon the normal method of operations of any
other parties authorized to be in the center.
The Successful Proposer shall not purchase any merchandise or consignment in the name of the City or Youth Center nor shall
the Successful Proposer incur any debt in the name of the City or the Youth Center, The Successful Proposer shall not suffer
or permit any mechanics lien to be filed against the premises or the leasehold estate hereby created or any part thereof by
reason of work, labor services, or materials supplied or claimed to have been supplied to the Successful Proposer or any
sublease or suffer or permit any other lien to attach to the premises or any part thereof of the leasehold estate hereby created,
PROGRAM REGISTRATION AND PAYMENT
All attendees participating in an authorized program, activity or camp, as outlined in this RFP, must be registered with and
make payment to the City of Miami Beach,
All program, camp and/or activity registrations for participation in an authorized program as agreed to by the Parks and
Recreation Director, or his/her designee, and the Successful Proposer, in compliance with the requirements of this RFP, shall
be made to, and only to, the City of Miami Beach Scott Rakow Youth Center registration desk located in the Scott Rakow Youth
Center or the City's online registration and payment system.
9 ' RFP 157-2013 Gymnastic Program Instruction Services
MIAMIREAC i
Ticket sales for performances conducted in compliance with the requirements of this RFP shall be made to, and only to, the
City of Miami Beach paid at the Scott Rakow Youth Center registration desk located in the Scott Rakow Youth Center or the
City's online registration and payment system,
The term "gross revenue" shall include all monies received from all related Gymnastics services provided by the Successful
Proposer, Payment will be calculated based on monies collected at the Scott Rakow Youth Center registration desk, The City
shall make remittance on a per session/semester basis, Payment will be made no later than the thirty (30) days from the end of
the session/semester, Payment to the Successful Proposer may be delayed pending submittal of required and/or requested
documentation of class participation.
The Successful Proposer agrees to establish an effective inventory system, keep accurate books and records in accordance
with recognized accounting procedures and to keep and preserve all such complete and true records in the City of Miami
Beach for a period of two (2) years following the end of each contract year, All such books and records maintained by the
Gymnastics Director shall be available for inspection by the City or its agents without notice,
SECTION IV- PROPOSAL FORMAT
In order to maintain comparability, facilitate the review process and assist the Evaluation Committee In review of proposals, it Is strongly
recommended that proposals be organized and tabbed in accordance with the sections and manner specified below, Hard copy submittal
should be presented In a three (3) ring binder and should be tabbed as enumerated below and contain a table of contents with page
references, Electronic copies should also be tabbed and contain a table of contents with page references.
i Minimum Eligibility Requirements
Submit detailed verifiable information affirmatively documenting compliance with minimum eligibility requirements established in
Section II,
TAB g.
Experience & Qualifications.
Qualifications of Proposing Firm. Describe experience and qualifications of the Proposer in providing the services detailed
herein,
Qualifications of Proposer Team. Provide an organizational chart of all personnel and consultants to be used if awarded, the
role that each team member will play in providing the services detailed herein and each team members' qualifications, A resume
of each individual, including education, experience, and any other pertinent information, shall be included for each Proposal team
member to be assigned to this contract,
Proposal Certification, Questionnaire & Requirements Affidavit (Appendix A), Attach Appendix A fully completed and
executed. Through the information provided in Appendix A, proposer's financial capacity, litigation history, past performance, as
well as other factors, may be assessed,
TAB
Scope of Services & Methodology
Submit detailed Information on how proposer plans to accomplish the required scope of services, including detailed information,
as applicable, on proposed solution(s), approach and methodology to project implementation, project timeline and any other
factor that may impact the successful completion of the project,
TAB
Cost Proposal
The City is interested in a revenue sharing fee schedule. The City would be responsible for taking registrations, fees
and advertising. The proposer should, as part of this proposal, offer the City a percentage of each registrant fee with
the remainder going to the Successful Proposer, to pay for the Instructors, travel, and additional equipment and for
proposer's profit.
Successful Proposer proposes to pay the City the following, if awarded the contract:
% of gross revenue to the City
% of gross revenue to Contractor
10 RFP 157-2013 Gymnastic Program Instruction Services
14 MIAMIBEACH
SECTION V. EVALUATION 1 SELECTION PROCESS
The procedure for response, evaluation and selection will be as follows:
1, The RFP will be issued
2. A Pre -Proposal Submission Meeting with potential Proposers will be conducted.
3. All timely received Proposals will be opened and listed.
4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal In accordance with the
requirements set forth in the RFP. If further information is desired, Proposers may be requested to make additional written
submissions or oral presentations to the Evaluation Committee.
5. The Evaluation Committee will recommend to the City Manager the Proposer or Proposers that it deems to be the best
candidate(s) by using the following evaluation criteria:
Total Poi,hts ```4
25 I Proposer Qualifications
25 Scope of Services
I 25 Approach & Methodology
25 1 Financial Proposal
; aitiadon Criferi :
LOCAL PREFERENCE: The City, through the Procurement Division, will assign an additional five (5) points to Proposers which
are a Miami Beach -based vendor as defined in the City's Local Preference Ordinance,
VETERANS PREFERENCE: The City, through the Procurement Division, will assign an additional five (5) points to Proposers
which are a small business concern owned and controlled by a veteran(s) or a service -disabled veteran business enterprise, as
defined in the City's Veterans Preference Ordinance.
6. The City Manager shall recommend to the City Commission the Proposal or Proposals which he deems to be in the best interest
of the City.
7. The City Commission shall consider the City Manager's recommendation and, if appropriate, approve suoh recommendation. The
City Commission may also, at its option, reject the City Manager's recommendation and select another Proposal or Proposals
which it deems to be In the best interest of the City, or It may also reject all Proposals.
8. Negotiations between the City and the selected Proposer(s) will take place to arrive at a mutually acceptable Agreement. If the
City Commission has so directed, the City may proceed to negotiate an Agreement with a proposer other than the top-ranked
proposer.
9. The final proposed agreement(s) will be presented to the City Commission for approval.
10. If the agreement(s) are approved by the City Commission, the Mayor and City Clerk shall execute the contract(s), after the
Proposer (or Proposers) has (or have) done so.
BY SUBMITTING A PROPOSAL, ALL PROPOSERS SHALL BE DEEMED TO UNDERSTAND AND AGREE THAT NO PROPERTY
INTEREST OR LEGAL RIGHT OF ANY KIND SHALL BE CREATED AT ANY POINT DURING THE AFORESAID
EVALUATIONISELECTION PROCESS UNTIL AND UNLESS A CONTRACT HAS BEEN AGREED TO AND SIGNED BY BOTH
PARTIES,
11 RFP 157-2013 Gymnastic Program Instruction Services
MIAMIBEACH
SECTION VI -- SPECIAL TERMS AND CONDITIONS; INSURANCE
Insurance Requirements. The successful Proposer(s) shall obtain, provide and maintain, during the term of the contract, the
following types and amounts of Insurance, which shall be maintained with insurers licensed to sell insurance In the State of Florida
and have a B+ VI or higher rating In the latest edition of AM Bests Insurance Guide: The successful Proposers' failure to procure or
maintain required the insurance program shall constitute a material breach of the contract,
Commercial General Liability on a comprehensive basis to include Premises and Operations, Personal Injury/Advertising
Liability, in an amount not less than $1,000,000 for bodily injury and property damage. The City of Miami Beach must be shown as
the certificate holder and named as an additional insured on the policy.
Worker's Compensation and Employers Liability Insurance, in accordance with Florida Statutes, Chapter 440.
Automobile Liability for all vehicles owned, leased, hired, and non -owned, In an amount not less than $1,000,000 per
occurrence for bodily Injury and property damage.
Professional Liability in an amount not less than $1,000,000 per clalm/loss, to include coverage for professional
misconduct or lack of ordinary skill for those positions defined in the scope of services for this contract.
Said policies of insurance shall be primary to and contributing with any other Insurance maintained by Proposer or City, and shall
name the City of Miami Beach, as an additional insured. No policy can be canceled without thirty (30) days prior written notice to the
City. The successful Proposer(s) shall file and maintain certificates of all insurance policies with the City's Risk Management
Department showing said policies to be In full force and effect at all times during the course of the contract. Such insurance shall be
obtained from brokers of carriers authorized to transact insurance business in Florida and satisfactory to City. Evidence of such
Insurance shall be submitted to and approved by City prior to commencement of any work or tenancy under the proposed contract.
If any of the required insurance coverage contain aggregate limits, or apply to other operations or tenancies of Proposer(s) outside
the proposed contract, Proposer(s) shall give City prompt written notice of any incident, occurrence, claim settlement or judgment
against such insurance which may diminish the protection such insurance affords the City. Proposer(s) shall further take immediate
steps to restore such aggregate limits or shall provide other insurance protection for such aggregate limits,
12 RFP 157-2013 Gymnastic Program Instruction Services
APPENDIX A
AIAM,
E
Proposal Certification,
Questionnaire &
Requirements Affidavit
RFP 157-2013
Gymnastic Program Instruction
Services
PROCUREMENT DIVISION
1 700 Convention Center Drive
Miami Beach, Florida 33139
MIAMIBEACK
Page 13
RFP 157-2013, Gymnastic Program Instruction Services
APPENDIX A
PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT
Solicitation fro; . Spilcitallon Ttle;.
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PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT
Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective
Proposers of certain SOLICITATION and contractual requirements, and to collect necessary Information from Proposers in order that
certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated,
This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted
fully completed and executed,
1.
General Proposer Information,
FIRM NAME:
No of Years In Business: No of Years In Business Locally: No, of Employees:
OTHER NAME(S) BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS:
FIRM PRIMARY ADDRESS (HEADQUARTERS):
CITY:
STATE:
TELEPHONE NO,:
TOLL FREE NO,:
FAX NO,:
FIRM LOCAL ADDRESS:
CITY:
STATE:
PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:
ACCOUNT REP TELEPHONE NO,:
ACCOUNT REP TOLL FREE NO.
ACCOUNT REP EMAIL:
FEDERAL TAX IDENTIFICATION NO,:
The City reserves the right to seek additional information frorn proposer or other source(s), including but not limited to: any firm or
principal information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information
the City deems necessary to evaluate the capacity of the proposer to perform in accordance with contract requirements,
MIAMIBEACH
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RFP 157-2013, Gymnastic Program Instruction Services
APPENDIX A
PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT
2. Miami Beach Based (Local Vendor. Is proposer a Miami Beach based firm?
YES NO
SUBMITTAL REQUIREMENT: Proposers claiming Miami Beach vendor status shall submit a Business Tax Receipt Issued
by the City of Miami Beach, as required pursuant to ordinance 2011-3747, to demonstrate that the Proposer is a Miami
Beach Based Vendor,
3. Veteran Owned Business. Is proposer a veteran owned business?
LI YES NO
SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving
that firm is certified as a veteran -owned business or a service -disabled veteran owned business by the State of Florida or
United States federal government, as required pursuant to ordinance 2011-3748,
4. Financial Capacity, Proposers shall submit a Dun & Bradstreet Duns Number (D -U -N -S #), The City may request one or
more D&B reports to assess proposer's financial capacity or may request other information (e,g., audited and other
financial statements) after proposal submittal in order to assess financial capacity. If firm is not currently registered at D&B,
contact D & B at 1-800-234-3867 to register your company.
SUBMITTAL REQUIREMENT: Proposer shall submit Dun & Bradstreet Duns Number
(D-U.N.S #):
Note: The City may require other financial information (e,g,, audited financial statements, bonding capacity, credit history,
etc.), as part of the solicitation submittal requirements or during the evaluation process, as necessary to evaluate financial
capacity.
5, Litigation History, Proposer shall submit a statement of any litigation or regulatory action that has been filed against your
firm(s) in the last five years, If an action has been filed, state and describe the litigation or regulatory action filed, and
identify the court or agency before which the action was Instituted, the applicable case or file number, and the status or
disposition for such reported action. If no litigation or regulatory action has been filed against your firm(s), provide a
statement to that effect. If "No" litigation or regulatory action has been filed against your firm(s), please provide a statement
to that effect. Truthful and complete answers to this question may not necessarily disqualify a firm from
consideration but will be a factor in the selection process. Untruthful, misleading or false answers to this question
shall result in the disqualification of the firm for this project,
SUBMITTAL REQUIREMENT: Proposer shall submit history of litigation or regulatory action filed against proposer, or any
proposer team member firm, In the past five (5) years. If Proposer has no litigation history or regulatory action in the past 5
years, submit a statement accordingly.
6, References & Past Performance. Proposer shall submit at least three (3) references for whom the proposer has
completed work similar in size and nature as the work referenced in solicitation, Additionally, Proposer shall provide
reference with the Contractor Client Survey provided as an attachment to the solicitation, and request that your reference
submit the completed survey to directly to the contracting officer named in the solicitation, In order to be considered,
surveys must be sent to the Procurement Division directly by the reference, The city will not accept client surveys
sent to the Procurement Division by the Proposer. A minimum of three (3) references and client surveys are required,
SUBMITTAL REQUIREMENT: Proposer shall submit a minimum of three (3) references, including the following
information: 1) Firm Name, 2) Contact Individual Name & Title, 3) Address, 4) Telephone, 5) Contact's Ernst and 6)
Narrative on Scope of Services Provided. Additionally, each reference shall submit Contractor Client Survey included In the
solicitation directly to the City. Proposer may attach additional references and ask that additional references submit client
surveys as applicable.
{
C MIAMI BEACH
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RFP 157-2013, Gymnastic Program Instruction Services
APPENDIX A
PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT
7, Suspension, Debarment or Contract Cancellation. Has proposer ever been debarred, suspended or other legal
violation, or had a contract cancelled due to non- erformance by any public sector agency?
YES 1 1 N0
SUBMITTAL REQUIREMENT: If answer to above is "YES,' Proposer shall submit a statement detailing the reasons that
led to action(s).
8. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance
Reform laws, as codified in Sections 2-487 through 2-490 of the City Code, Proposers shall be solely responsible for
ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject
to any and at sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non-
compliance.
SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (Including your sub -consultants) with a
controlling financial interest as defined in ITN. For each individual or entity with a controlling financial interest indicate
whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has
been elected to the office of Mayor or City Commissioner for the City of Miami Beach.
9. Code of Business Ethics. Pursuant to City Resolution No,2000-23879, each person or entity that seeks to do business
with the Clty shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its
bid/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply
with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics
provision of the City of Miami Beach and Miami Dade County,
SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics, In Ileu of submitting Code of
Business Ethics, proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of
Miami Beach Code of Ethics, available at www.miamibeachfl,gov/procurement/.
10. Living Wage. Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time,
proposers shall be required to pay all employees who provide services pursuant to this Agreement, the hourly living wage
rates listed below:
• Commencing with City fiscal year 2012-13 (October 1, 2012), the hourly living rate will be $11,28/hr
with health benefits, and $12,92/hr without benefits.
The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for
inflation using the Consumer Price Index for all Urban Consumers (CPI -U) Miami/Ft. Lauderdale, Issued by the U,S.
Department of Labor's Bureau of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three
percent (3%). The City may also, by resolution, elect not to index the living wage rate in any particular year, if it determines
it would not be fiscally sound to implement same (In a particular year),
Proposers' failure to comply with this provision shall be deemed a material breach under this bid, under which the Clty
may, at its sole option, immediately deem said proposer as non-responsive, and may further subject proposer to additional
penalties and fines, as provided in the City's Living Wage Ordinance, as amended. Further information on the Living Wage
requirement is available at www,miamibeachfl,gov/procurement/.
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer
agrees to the living wage requirement.
11. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively
solicited contracts valued at over $100,000 whose contractors maintain 51 or more full time employees on their payrolls
during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain
contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive bids, to
provide "Equal Benefits" to their employees with domestic partners, as they provide to employees with spouses, The
Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and
the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly
performing work on the contract within the City of Miami Beach,
MIAMIB ACH
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RFP 157-2013, Gymnastic Program Instruction Services
APPENDIX A
PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT
A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees?
YES NO
B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic
partners* or to domestic partners of employees?
�] YES NO
0, Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already
specified, Note: some benefits are provided to employees because they have a spouse or domestic partner, such as
bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical Insurance.
BENEFIT
Health
Sick Leave
Family Medical Leave
Bereavement Leave
Firm Provides for
Employees with
Spouses
Firm Provides for
Employees with
Domestic Partners
Firm does not
Provide Benefit
If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e,g,, there are no
insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures
compliance, To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable
Measures Application (attached) with ail necessary documentation, Your Reasonable Measures Application will be
reviewed for consideration by the City Manager, or his designee, Approval Is not guaranteed and the City Manager's
decision Is final. Further information on the Equal Benefits requirement Is available at
www,miamlbeachfl,gov/procurementl.
12. Public Entity Crimes. Section 287,133(2)(a), Florida Statutes, as currently enacted or as amended from time to time,
states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity
crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not
submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public
work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not
transact business with any public entity In excess of the threshold amount provided In s, 287,017 for CATEGORY TWO for
a period of 36 months following the date of being placed on the convicted vendor list,
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, proposer
agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor
list,
12, Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the
solicitation which may provide additional information to proposers or alter solicitation requirements, The City will strive to
reach every Proposer having received solicitation through the City's e -procurement system, PubllcPurchase.com,
However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to
solicitation. This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released
by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addendum may result in proposal
disqualification,
Initial to Confirm
Receipt
Initial to Confirm
Receipt
Initial to Confirm
Receipt
Addendum 1 Addendum 6 Addendum 11
Addendum 2 Addendum 7 1 Addendum 12
Addendum 3 Addendum 8 Addendum 13
Addendum 4 Addendum 9 Addendum 14
Addendum 5 Addendum 10 1 Addendum 15
If additional confirmation of addendum is required, st bmit under separate cover.
MIAMIBEACH
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RFP 157-2013, Gymnastic Program Instruction Services
APPENDIX A
PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT
TION
The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's
convenience, Any action taken by the City in response to Proposals made pursuant to this RFP, or in making any award, or In failing
or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this RFP, either
before or after issuance of an award, shall be without any liability or obligation on the part of the City,
In its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals,
and may accept proposals which deviate from the solicitation, as it deems appropriate and in its best Interest. In Its sole discretion,
the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this
solicitation,
Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including
financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers,
directors, shareholders, partners and employees, as requested by the City in its discretion,
The information contained herein Is provided solely for the convenience of prospective Proposers. It is the responsibility of the
recipient to assure itself that Information contained herein Is accurate and complete. The City does not provide any assurances as to
the accuracy of any information in this solicitation.
Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Proposers
should rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City
without any warranty or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or
representation Is made by the City or its agents that any Proposal conforming to these requirements will be selected for
consideration, negotiation, or approval.
The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any
award will be made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and
Disclaimer, is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof, Any Proposals submitted
to the City pursuant to this RFP are submitted at the sole risk and responsibility of the party submitting such Proposal,
This RFP is made subject to correction of errors, omissions, or withdrawal from the market without notice, Information is for guidance
only, and does not constitute all or any part of an agreement.
The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the
applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of
the definitive agreements executed among the parties, Any response to this solicitation may be accepted or refected by the City for
any reason, or for no reason, without any resultant liability to the City.
The City is governed by the Government -in -the -Sunshine Law, and all Proposals and supporting documents shall be subject to
disclosure as required by such law. All Proposals shall be submitted In sealed bid form and shall remain confidential to the extent
permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the
City shall become public records,
Proposers are expected to make all disclosures and declarations as requested in this solicitation, By submission of a Proposal, the
Proposer acknowledges and agrees that the Clty has the right to make any inquiry or investigation It deems appropriate to
substantiate or supplement information contained in the Proposal, and authorizes the release to the City of any and all Information
sought in such inquiry or investigation. Each Proposal° certifies that the information contained in the Proposal is true, accurate and
complete, to the best of its knowledge, information, arid belief,
Notwithstanding the foregoing or anything contained in the RFP, all Proposers agree that in the event of a final unappealable
judgment by a court of competent Jurisdiction which imposes on the City any liability arising out of this RFP, or any response thereto,
or any action or inaction by the Clty with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated
damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and
Disclaimer which imposes no liability on the City,
In the event of any differences in language between this Disclosure and Disclaimer and the balance of the RFP, it Is understood that
the provisions of this Disclosure and Disclaimer shall always govern, The RFP and any disputes arising from the RFP shall be
governed by and construed in accordance with the laws of the State of Florida.
MIAMIB :ACH
Page 18
RFP 157-2013, Gymnastic Program Instruction Services
APPENDIX A
PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT
PROPOSER CERTIFICATION
I hereby cern that, I, as an authorized agent of the Proposer, am submittingthe followinginformation as m
certify P y firm's
proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document,
inclusive of this ITN, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and
the Disclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and
conditions contained in the ITN, and any released Addenda and understand that the following are requirements of this
SOLICITATION and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged,
discussed, or compared the proposal with other Proposers and has not colluded with any other proposer or party to any
other proposal; proposer acknowledges that all information contained herein is part of the public domain as defined by
the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal,
... ,,.,.
Inclusive of the Pro osal Certification, Questionnaire and Requirements true and accurate'
Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative:
Signature of Proposer's Authorized Representative; Date:
State of FLORIDA
County of
a corporation,
corporation by authority of its board
act and deed, Before me:
On this _day of , 20_,
appeared before mo
stated that (s)he Is the
and that the instrument was signed in behalf
of directors and acknowledged said instrument to be
Notary Public for the State of Florida
My Commission Expires:
MIAMIBEACH
Page 19
RFP 157-2013, Gymnastic Program Instruction Services
personally
who
of
of the said
Its voluntary
MIAMIBEACH
Appendix B
Contractor Client Survey
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
PROCUREMENT DIVISION
Tel: 305-673-7000 ext, 6652, Fax: 786-394-4075
To Whom It May Concern:
The City of Miami Beach (City) has implemented a process that collects past performance information on contractors interested in
providing service to the City. Your firm has been named by the contractor named below as a current or past client. It is kindly
requested that you complete this form and submit it directly to the City by the due date noted below. Client surveys received directly
from the contractor will not be considered.
Con tractor:
RFP No.: 157-2013
Client Survey Due Date:
May 23, 2013
Client Name:
Dates of Service:
Project Description:
-1
2
3
4
5
6
7
RFP Title: Gymnastic Program Instruction Services
City Contact: Submittal Information:
Lourdes Rodriguez, CPPB City of Miami Beach
305-673-7000, Extension 6652 Procurement Division
LourdesRodriguez@miamlbeachfl.gov 1700 Convention Center Drive
Miami Beach, Florida 33139
Client Contact
Project Value:
Contractor Performance Evaluation
Criteria
How satisfied were you with the prolect services provided by contractor?
How satisfied were you with qualifications and professionalism of the contractor's personnel,
subcontractors and agents In completing the project requirements?
How satisfied were you with the prolect completion timeline?
How satisfied were you with the services provided by the contractor?
How satisfied were you with the approach and methodology utilized by the contractor in
completing the agreed to services, including any Innovative approach undertaken to achieve
proiect requirements, within or below costs and within schedule?
How satisfied were you with the value of the costs paid to the contractor?
Overall, how satisfied were you with the services, approach and costs paid to the contractor?
Additional Comments / Information;
MIAMIBEACH
Page 20
RFP 157-2013, Gymnastic Program Instruction Services
Score
EXHIBIT "B"
PARTICIPANT FEES
EXHIBIT "B"
PARTICIPANT FEES
1. Fees for gymnastic program:
Residents $140
Non -Residents $210
Registration fee $25 paid to Gym Kidz
2. Fees for Birthday parties/weekly camps/ one day camps are as follows:
Resident/Non-Resident rates
Birthday Parties
(up to 20 participants)
$375 resident
$470 non-resident
3. Weekly Camps: Winter, Spring, and Summer Camps
(21-25 participants)
$425 Resident
$532 Non-resident
$10 each additional child after 25
4. Gymnastics Camps 9:00 am- 5:OOpm
Residents
Weekly $185
Daily $45
Non -Residents
Weekly $333
Daily $81
5. Contractor agrees to provide a sibling discount of 15% for all programs.
6. Contractor agrees to provide two (2) scholarships per Gymnastic class for each
session.
7. Refund policy will be based on the City's refund policy.
8. No pro -rating of fees.
9. Fees may increase annually based on the Consumer Price Index (CPI).
10. The City of Miami Beach will be responsible for procuring all necessary
equipment to run the program to include equipment maintenance.
EXHIBIT "C"
PROPOSAL AND
INSURANCE CERTIFICATE
J
TABLE OF CONTENTS
7 MINIMUM ELIGIBILITY REQUIREMENTS
9 Safety Certification
10 First Ald/CPR and AED certification
10 EXPERIENCE AND QUALIFICATIONS
12 Qualifications of Proposing Firm
13 Qualification of Proposer Team
29 Proposal Certification, Questionnaire and
Requirements Affidavit (Appendix A/9)
39 Appendiz C
SCO-;,t1li
52 COST PROPOSAL
MINIMUM ELIGIBILITY
REQUIREMENTS
7
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PROfESSIONA6IISEMBER
American
Red Cross
CERTIFICATE of COMPLETION
Thls Is to certify that:
Josyln Varona
has attended
Course Title • Adult and Child CPR/First Aid
and has successfully completed the following elements
Adult and Child CPR/First Aid : valid 2 Years
Conducted by South Beach Divers
Instructor: Sasha Boulanger
on
03/14/2013
American
71E4 Red Cross
CERTIFICATE of COMPLETION
This Is to certify that:
Ana Fratto
has attended
Course Title -Adult and Child CPR/First Aid
and has successfully completed the following elements
Adult and Child CPR/First Aid ; valid 2 Years
Conducted by South Beach Divers
Instructor: Sasha Boulanger
on
03/14/2013
EXPERIENCE AND
QUALIFICATIONS